ELECTION LAW
CHAPTER 3235
AN ACT PERTAINING TO MUNICIPAL PRIMARIES AND ELECTIONS IN THE CITY OF WOONSOCKET, STATE OF RHODE ISLAND, AND ALSO VALIDATING CERTAIN PROVISIONS IN CITY OF WOONSOCKET, RHODE ISLAND HOME RULE CHARTER.
Whereas, it is the express intention of the general assembly of the State of Rhode Island by the passage of this act to give effect to all the provisions of the City of Woonsocket, Rhode Island home rule charter, said charter having been duly adopted by the qualified electors of said city in a general election held on November 4, 1952, in accordance with the provisions of article XXVIII of the amendments to the constitution of the State of Rhode Island and whereas, it is the express intention of the general assembly by the passage of this act to give effect, more especially, to those certain provisions in said home rule charter pertaining to municipal primaries and elections in said city; now, therefore, in the conduct of the city primaries and city elections in said City of Woonsocket for the purpose of nominating and electing city officers under said home rule charter.
It is enacted by the General Assembly as follows:
This act shall apply specifically to the city of Woonsocket in the State of Rhode Island.
Whenever and wherever used in this act, the word “city” shall mean the City of Woonsocket.
The city shall consist of one ward.
Charter reference—Similar provisions, Ch. XV, § 1.
At the municipal election held on the first day of April 1969, and at the municipal election on the first Tuesday after the first Monday in November beginning in 1971, there shall be elected such city officers as shall be required or provided by the terms of the charter or any duly adopted amendments thereto; thenceforth, a regular city election shall be held on the first Tuesday after the first Monday in November of odd numbered years. A special election may be held at any time at the order of the council, or as otherwise provided in this charter.
(P.L. 1969, Ch. 234, § 2.
Charter reference—Similar provisions, Ch. XV, § 2.
The term of office for all city officers elected by the people at a regular municipal election shall date from 8:00 p.m. local time on the first Tuesday following the thirtieth day of November following the regular city election; the term of office of all city officers elected by the people at a special municipal election shall date from the tenth day following the date of election, or until their respective successors shall be duly elected and qualified.
(P.L. 1969, Ch. 234, § 2; election of 5-24-77; P.L. 1978, Ch. 264, § 1)
Each candidate for elective office in the city shall be a qualified elector of the city. Candidates for election may be nominated by petition signed by not less than one hundred (100) qualified electors of the city.
Charter reference—Similar provisions, Ch. XV, § 4.
Petitions for the nomination of candidates shall be filed with the canvassing authority of the city not earlier than five (5) weeks nor less than three (3) weeks prior to the date of the primary election. Forms for nominating petitions shall be furnished by the canvassing authority at least five (5) weeks prior to the date of the primary election. The nominating petitions for any one candidate may be assembled into one petition before filing with the canvassing authority.
Charter reference—Similar provisions, Ch. XV, § 5.
Each nominating petition shall state the name of the office and set forth the name and place of residence of the candidate thereby nominated. Declarations of candidacy must be filed with the canvassing authority not less than one week prior to the time when nominating petitions must be furnished to candidates.
Charter reference—Similar provisions, Ch. XV, § 6.
Sec. 9. Signatures on nomination petitions.
Every voter signing a nomination petition shall indicate thereon his name, place of residence and street number, if any, as it appears on the voting list; but any voter who is unable to write may sign by making his mark (X) on the nomination paper in the presence of two (2) witnesses who shall subscribe their names on the paper as witnesses to the signing. No voter shall sign petitions for more than the number of candidates for each office for which he is entitled to vote at the election, and should he do so, his signature shall be counted only upon the first petition or petitions filed and shall be void upon all other petitions.
(P.L. 1978, Ch. 264, § 1)
Charter reference—Similar provisions, Ch. XV, § 7.
Before a nominating petition may be filed with the canvassing authority there shall be filed with said canvassing authority an acceptance of the nomination in writing, signed by the candidate, which shall certify that the nominee consents to stand as a candidate and that if elected he agrees to take office and serve.
Charter reference—Similar provisions, Ch. XV, § 8.
Each nominating petition shall be verified by an oath or affirmation of one or more of the persons circulating the petition, taken and subscribed before a person qualified to administer an oath, to the effect that the petition was signed by each of the signers thereof in the handwriting of the signer.
Charter reference—Similar provisions, Ch. XV, § 9.
Upon receiving a nominating petition and statement of acceptance of any candidate, the canvassing authority of the city shall then certify to the validity of any petition having a sufficient number of proper signatures.
Charter reference—Similar provisions, Ch. XV, § 10.
The canvassing authority shall certify a list of candidates and shall cause to be published in one or more newspapers having a general circulation in the city the names and addresses of the candidates who have duly filed valid nominating petitions and acceptances.
Charter reference—Similar provisions, Ch. XV, § 11.
The ballot for city elections shall contain the names of the candidates arranged by the offices to be voted for and listed alphabetically under the title of the office. If the number of candidates’ names exceeds the capacity of the voting machines on vertical listing, the secretary of state shall have the authority for a suitable ballot arrangement. No name or designation shall appear upon the ballot other than the name and address of each candidate.
(Election of 5-24-77; P.L. 1978, Ch. 264, § 1)
A primary election to determine the candidates to be voted upon at the subsequent city election, whether regular or special, shall be held twenty eight (28) days prior to the date of the regular or special city election.
Charter reference—Similar provisions, Ch. XV, § 13.
At the primary election the number of candidates equal to twice the number of places to be filled at the regular or special city election who shall receive the greatest number of votes shall be declared nominated as candidates for office.
Charter reference—Similar provisions, Ch. XV, § 14.
An additional candidate or candidates beyond the limitation imposed by section 14 of this chapter shall be declared nominated at the primary election whenever a candidate receiving the least number of votes qualifying him as a candidate for office shall receive the same number of votes as another candidate or candidates. In such event all candidates receiving the same number of votes shall be declared nominated.
Charter reference—Similar provisions, Ch. XV, § 15,
If the number of candidates certified for any elective office does not exceed twice the number of places to be filled at the election, then no primary election shall be held for such office.
Charter reference—Similar provisions, Ch. XV, § 16.
At any city election other than a primary election, the person or persons receiving the greatest number of votes for an office, not exceeding the number of persons to be chosen, shall be declared elected to the office.
Charter reference—Similar provisions, Ch. XV, § 17.
The votes shall be counted and the result of the election declared by the canvassing authority of the city in the manner provided for other elections.
Charter reference—Similar provisions, Ch. XV, § 18.
The residents of the city having the qualifications of electors in the state shall be electors of the city.
Charter reference—Similar provisions, Ch. XV, § 20.
No person may be a candidate for more than one elective office at any one city election.
Charter reference—Similar provisions, Ch. XV, § 21.
City primaries and city elections for the purpose of nominating and electing city officers under said home rule charter shall be conducted as herein set forth in section 23 of this act.
(a) Whenever used in section 23 of this act, the following words and phrases shall, unless the context otherwise requires, be construed as follows:
“Charter” — to mean the city of Woonsocket, home rule charter.
“City primary election” — to mean every city of Woonsocket primary election held under said charter.
“City regular or special election” — to mean every city of Woonsocket regular or special election held under said charter.
“Local board” — to mean the board of canvassers and registration of the city of Woonsocket.
“Board” — to mean the state board of elections created by chapter 1040 of the public laws, 1941.
“Moderator” — to mean and include the term “warden” as used in the election laws of the state of Rhode Island.
“Election officials” — to mean and include election officials or primary officials, as the context may require.
“City” — to mean the city of Woonsocket.
“Elections” — to mean and include primary, as the context may require.
“Candidate” — to mean each and every candidate for elective office at each city primary election and at each city regular or special election held under said charter.
(b) That voting machines which shall have been approved by the board shall be used in every city primary election and in every city regular and special election.
(c) That the provisions contained in chapter 318 of the General Laws of Rhode Island of 1938, as amended, entitled “Voting machines”, be and hereby is incorporated by reference in this act; the provisions contained in said chapter 318, shall apply to each and every city primary election and to each and every city regular and special election excepting those provisions which are inconsistent with this act, the term “election” is used in this section to mean and include city primary, city general, and city special elections as the context may require.
(d) Whenever in said chapter 318 reference is made to any political party or reference is made to voting machines as being prepared for voting purposes in accordance with political party designation, or references made to any election official as being a member of either the republican or democratic party or any other political party, or any other reference of whatever kind and designation is made in said chapter 318, to any political party or political designation for the purpose of this act only, each and every such reference to a political party shall be held to be eliminated from said chapter 318 in accordance with the charter as a whole and in accordance with chapter 15, section 12 of said charter which reads as follows:
“(Sec. 12) The ballot for city elections shall contain the names of the candidates arranged by the offices to be voted for and listed alphabetically under the title of the office. No name or designation shall appear upon the ballot other than the name and address of each candidate.”
(e) That at each city primary election and at each city regular and special election, the board shall appoint and issue commissions to a sufficient number of qualified electors of this city to be election inspectors so that one such inspector may be assigned to each and every polling place in said city and such reserve inspectors not in excess of one to every four (4) contiguous voting districts as may be necessary as replacements to permit regular inspectors a relief period.
(f) In addition to said inspectors, there shall also be in each and every polling place at each and every city primary election and at each and every city primary election and at each and every city regular and special election, one moderator; one clerk; not less than two (2) nor more than six (6) supervisors. The local board shall appoint in equal numerical and direct proportional representation, whenever practical and possible within three (3) days from the time or date fixed herein for the submission of the list or lists as provided herein, the election officials specified in paragraph (f) herein, except for those herein deleted from list or lists submitted to it at least fifteen (15) days prior to each city primary of city election by the candidate or candidates for city office at each and every city primary and city election. The said candidates may combine in submitting the said list or lists. In the event that the said list or lists are not submitted within said specified time, the local board shall appoint said qualified election officials, specified in paragraph (f) herein, except for these herein deleted within three (3) days after the time or date fixed for the submission of said list or lists.
(g) Every person appointed as an election official as specified in paragraph (f) herein, shall, within forty eight (48) hours thereafter, following such appointment, be notified in writing by the clerk of the local board of such appointment; and the person so appointed shall, within ninety six (96) hours after his appointment, notify in writing such clerk of his acceptance or declination of the appointment, and any vacancy occurring among said election officials, whether by declination or refusal to serve or by failure to notify such clerk as aforesaid, or by failure from any cause to appear at or remain during the time when they are required to perform their duties, shall be immediately filled by the local board, from the said list or lists submitted by the said candidate or candidates as herein provided.
(h) The said respective election officials specified in paragraph (f) herein, shall be qualified voters in their respective voting districts of this city, with the exception of the runners who shall be qualified voters of this city.
(i) Each said candidate or candidates shall submit two (2) separate lists for each and every voting district in this city; one list shall contain a minimum of eight (8) names of qualified electors proposed to serve as moderator, clerk, and supervisors, for each voting district; and the other list shall contain names of qualified electors proposed to serve as checkers, watchers, and runners, for each said voting district. The failure on the part of any candidate or candidates to submit any said list or lists for any said voting district, shall not affect or invalidate the said other list or lists submitted by said candidate or candidates for any other said voting district. In the event that, because of insufficient names of qualified electors in any said list or because of refusal to serve on the part of some or any of the proposed electors in any said list, or for any other reason, the local board shall be unable to appoint a full slate of election officials from any said list, in such an event, the local board itself, shall immediately appoint the necessary remainder of qualified election officials specified in paragraph (f) herein for any said voting district; provided, however, before making any of its own said appointments, the local board shall exhaust and use all the proposed names contained in both the separate lists submitted by each said candidate or candidates for each said voting district.
(j) Each moderator, clerk and supervisor, appointed under the provisions of this act, shall be able to read the constitution of the state in the English language and to write his name.
(k) No person shall be so appointed to serve as an election official who has been convicted, found guilty pleaded guilty, or nolo contendere, or placed on a deferred or suspended sentence or on probation for any crime which involved moral turpitude or a violation of any of the election, caucus, or primary laws of this or any other state.
(l) No person shall be appointed to serve as such election official who is an officer or employee of this city, but no person shall be so disqualified solely because he is a notary public or a teacher.
(m) No person who is seeking election at any city primary of city election shall act as an election official at such city primary of city election.
(n) Every election official shall make an affidavit before the present local board or some member thereof, or the chief clerk in the office of the local board, to the effect that he is not disqualified by reason of the provision of this section.
(o) If at any time a vacancy shall occur among the election inspectors, said vacancy shall be filled by the board.
(p) At each and every city primary election and at each and every city regular or special election, each and every polling place shall be and remain open from 8:00 a.m. to 9:00 p.m. The eligible and qualified voters who are in the voting line both inside and outside the building at each and every said polling place at 9:00 p.m. shall be allowed to vote, and the polls shall remain open to allow the said voters to vote.
(q) If any paragraph or provision of section 23 of this act shall be deemed to be illegal, invalid or ineffective, for any reason whatsoever, such decision shall not affect the legality, validity or effectiveness of any other paragraph or any other provision of section 23 of this act. (Election of 5-24-77; P.L. 1978, Ch. 264, § 1)
Each and every provision contained in said city of Woonsocket, Rhode Island home rule charter, and amendments thereto, duly adopted as hereinbefore stated in this act, is hereby validated, ratified, and confirmed as of the date of the adoption of said home rule charter, and amendments thereto, to the same effect as if each and every provision in said charter, and amendments thereto, had been duly enacted by act of the general assembly of the state of Rhode Island. (P.L. 1969, Ch. 234, § 3; P.L. 1978, Ch. 264 § 1)
Each and every provision contained in chapter XV in said city of Woonsocket, Rhode Island home rule charter, and amendments thereto, said chapter being entitled “elections” is hereby validated, ratified, and confirmed, as of the date of the adoption of said home rule charter, and amendments thereto, to the same effect as if each and every provision in said chapter XV had been duly enacted by act of the general assembly of the state of Rhode Island.
(P.L. 1969, Ch. 234, § 4)
The canvassing authority of the city shall be a board of canvassers and registration which shall consist of three (3) members appointed by the council by resolution, in accordance with state law, to serve for terms of six (6) years and until their successors are elected and qualified. Not more than two (2) members of the board shall belong to the same political party. The board of canvassers shall exercise such powers and authority, and shall perform such duties as are conferred or required by state law concerning such boards and by city ordinance enacted in conformity with said state law. (P.L. 1969, Ch. 234, § 5)
Charter reference—Board of canvassers, Ch. XII.
That certain ordinance of the city of Woonsocket, heretofore enacted by the city council of the city of Woonsocket, the said ordinance being chapter 966 as amended by chapter 968, and being entitled “An ordinance relative to nominations, primaries and elections held under the city of Woonsocket home rule charter”, is hereby validated, ratified, and confirmed, as of the date of its enactment, to the same effect as if the said ordinance had been duly enacted by act of the general assembly of the state of Rhode Island.
Each and every act, ordinance and resolution, heretofore done, enacted and passed by the city of Woonsocket, in accordance with and under the said home rule charter, is hereby validated, ratified and confirmed, as of the date of performance of said act, the enactment of said ordinance or passage of said resolution.
The provisions of the home rule charter of the city of Woonsocket, duly adopted and approved by the qualified electors of said city, as aforesaid, providing for non partisan nominations and elections by ballots bearing no party designation; providing for a general municipal election on the first Tuesday in April of odd numbered years, beginning with the year 1953; providing for a primary municipal election twenty eight (28) days prior to the date of the regular or special city election; providing for the nomination and election of a mayor, of the members of the council and school committee in said elections; providing for not less than one hundred (100) signatures of qualified electors to each nomination petition; providing the method of election of a mayor, his term of office, and the method of filling a vacancy in said office; providing for the composition of the council, the method of election of the members thereof, their term of office, and the method of filling vacancies in the membership of the council; providing qualifications for councilmen and for enforcement thereof by the electors; providing for the manner and time of filing declarations of candidacy and forms thereof; providing requirements for signatures to nomination petitions, and for the form, distribution, filing time, consent of candidate, and certification of nomination petition; providing for the method of determining the candidates for councilmen and school committee in the general election from the results of the primary election; providing for the preparation of ballots and the form thereof and for the determination of position of names of candidates on the ballot; providing for the certification and publication of a list of candidates; providing for determining the elected candidates for the council and school committee at any general election; providing for ward revision; providing for the use of voting machines; providing in reference to the applicability of election laws of the state; providing in reference to terms of office; and all other provisions of said charter pertaining in any way to municipal elections, both primary and general, in said charter, are hereby validated, ratified and confirmed to the same effect as if said city had been specifically authorized prior to the adoption of said charter so to provide therein.
That certain primary, heretofore conducted in the city of Woonsocket, state of Rhode Island, on March 10, 1953, in accordance with the provisions in the city of Woonsocket, Rhode Island home rule charter, appertaining thereto, is hereby validated, ratified and confirmed, in every respect and particular, to the same effect as if this act had been enacted prior to the date of the holding of said primary, and all persons nominated at said primary shall be deemed to have been lawfully nominated.
That certain election, heretofore conducted in the city of Woonsocket, state of Rhode Island, on April 7, 1953, in accordance with the city of Woonsocket, Rhode Island home rule charter, is hereby validated, ratified and confirmed, in every respect and particular, to the same effect as if this act had been enacted prior to the date of the holding of said election, and all persons elected in said election shall be deemed to have been lawfully elected.
If any section or any provision of this act shall be deemed to be illegal, invalid or ineffective, for any reason whatsoever, such decision shall not affect the legality, validity or effectiveness of any other section or any other provision of this act.
This act shall take effect upon its passage, and all acts and parts of acts inconsistent herewith, so far as the same apply to the city of Woonsocket, are hereby repealed; and all other laws, insofar as the same shall not be inconsistent with the provisions of this act, shall apply to nominations and elections of all city officers of the city of Woonsocket.
*Editor’s note—This appendix contains P.L. 1953, Ch. 3235, as from time to time amended. Amendments have been worked into their proper places and amended or superseded provisions deleted. Amendatory acts are cited in parentheses following the provisions amended. The absence of such a citation indicates that the provisions have not been amended and are the same as enacted by Ch. 3235.
Catchlines in boldface type have been added by the editors.