House Bill #6241 (2019)

AN ACT RELATING TO ELECTIONS - DECLARATIONS OF CANDIDACY

Requires all candidates to file financial statements within 30 days after filing notice of organization.

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Changes since original draft

  • 2019 – H 6241
  • 2019 – H 6241 SUBSTITUTE A
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  • LC002890
  • LC002890/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO ELECTIONS - DECLARATIONS OF CANDIDACY
  • Introduced By: Representative Arthur J. Corvese
  • Date Introduced: June 21, 2019
  • Referred To: House Judiciary
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 17-14-1 of the GeneralLaws in Chapter 17-14 entitled "Nomination of Party and Independent Candidates"is hereby amended to read as follows:
  • 17-14-1. Declarations of candidacy.
  • During the last consecutive Monday, Tuesday, and Wednesday in June April in the even years and during the thirty-ninth (39th) and fortieth (40th) days preceding a primary election for a special election, or for an election regularly scheduled for a time other than the biennial general statewide election, each voter desiring to be a candidate at the upcoming primary or an independent candidate on final nomination papers shall, on a form that shall be provided by the secretary of state, file a declaration of his or her candidacy not later than four (4:00) p.m. of the last day for the filing with the secretary of state for congressional and statewide general offices, or with the local board of the place of the candidate's voting residence for general assembly, or state committee or senatorial and representative district committee or with the appropriate local board for local officers. The declaration shall be signed by the candidate as his or her name appears on the voting list. The signature shall be accepted as valid if it can be reasonably identified to be the name and signature of the voter it purports to be. A variation of the voter's signature by the insertion or omission of identifying titles or by the substitution of initials for the first or middle names of both shall not in itself be grounds for invalidation of the signature. The declaration shall also include the following information:
  • (1) The candidate's name as it appears on the voting list, subject to the same provisions as relate to the voter's signature on the declaration;
  • (2) The address as it appears on the voting list, provided that an address which is substantially the same as the address on the voting list shall be valid;
  • (3) The party declaration if seeking to run in a party primary;
  • (4) The office sought;
  • (5) The place and date of birth;
  • (6) The length of residence in the state and in the town or city where he or she resides;
  • (7) A certification that he or she is neither serving a sentence, including probation or parole, for which he or she was imprisoned upon finalconviction of a felony imposed on any date nor serving any sentence, whether incarcerated or suspended, on probation or parole, upon final conviction of a felony committed after November 5, 1986;
  • (8) A certification that he or she has not been lawfully adjudicated to be non compos mentis, of unsound mind;
  • (9) In the case of candidates for party nomination, a certification that he or she has not been a member of a political party other than the declared party within ninety (90) days of the filing date; and
  • (10) If a person is a candidate for a state or localoffice, a certification that the person has not within the preceding three (3) years served any sentence, incarcerated or suspended, on probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo contendere or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of imprisonment for six (6) months or more, whether suspended or to be served as imposed.
  • SECTION 2. This act shalltake effect upon passage.
  • SECTION 1. Section 17-25-8 of the General Laws in Chapter 17-25 entitled "Rhode Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as follows:
  • 17-25-8. Appointment of campaign treasurer by candidate – Filings.
  • (a) Each candidate in an election shall file a "notice of organization" with the board of elections and appoint one campaign treasurer before receiving any contribution or expending any money in furtherance or aid of the candidate's candidacy. The "notice of organization" shall include the name and address of the candidate, the campaign treasurer and the committee being established. The candidate shall declare the office being sought and shall comply with the financial statement requirement of § 36-14-16(c).
  • (b) A candidate may appoint deputy campaign treasurers as required. The candidate shall file the names and addresses of deputy campaign treasurers with the board of elections.
  • (c) A candidate may remove a campaign treasurer or deputy campaign treasurer. In the case of the death, resignation, or removal of a campaign treasurer, the candidate shall appoint a successor as soon as practicable and shall file his or her name and address with the board of elections within ten (10) days. A candidate may serve as his or her own campaign treasurer, and upon failure to designate a treasurer, the candidate shallbe designated his or her own treasurer by the board of elections.
  • SECTION 2. Section 36-14-16 of the General Laws in Chapter 36-14 entitled "Code of Ethics" is hereby amended to read as follows:
  • 36-14-16. Financial statement to be filed.
  • (a) On or before the last Friday in April of each year, the following officials and employees subject to this code of ethics shall file with the commission a financial statement complying with the requirements of this chapter.
  • (1) All state elected officials;
  • (2) All state appointed officials;
  • (3) All state appointed officials and employees who hold a major decision-making position in a state agency;
  • (4) All municipal elected officials; and
  • (5) All municipal appointed officials whose official duties and responsibilities include exercising decision-making authority over the expenditure of more than fifty thousand dollars ($50,000) in public funds in any fiscal or calendar year, and expressly including solicitors and assistant solicitors, police chiefs, fire chiefs, superintendents of schools, principals, superintendents and administrators of charter schools, board members of charter schools, principals, superintendents and administrators of state schools, board members of state schools, building inspectors, members of planning boards, zoning boards, licensing boards and tax appeal boards. This subsection shall also include all municipal appointed officials whose official duties and responsibilities include nominating, appointing or hiring any persons that will receive compensation of more than fifty thousand dollars ($50,000) in public funds in any fiscal or calendar year.
  • (b) In the case of state and municipalappointed officials on and after January 1, 1988, the appointee shall file the financial statement within thirty (30) days after the date of his or her appointment or the date he or she qualifies for the office; provided, however, that in the case of the appointment of officials that require senate confirmation, the appointee shall file the financial statement with the appropriate senate committee prior to the institution of those confirmation proceedings.
  • (c) Within thirty (30) days after the filing deadline, or within thirty (30) days after filing a notice of organization or compliance with § 17-25-8 every person who is a candidate for an office as an elected officer, except those candidates for moderator and clerk of a voting district of the cities and towns, shall file the financial statement as required by this chapter. Filings of candidates for general office shall include information as required in subdivision 36-14-17(b)(2). The commission shall grant an extension for good cause shown of not more than fifteen (15) days, provided a request for the extension is received prior to the filing deadline for the financial
  • LC002890/SUB A - Page 2of 4 statement.
  • (d) Except as otherwise provided in this chapter, at least thirty (30) days before the deadline date for the filing of a financial statement by each individual required to file, the commission shall mail to the individual a copy of the financial statement form. In the case of candidates other than those covered by subsection (f) of this section, the forms shall be mailed within ten (10) days after the filing deadline date. In the case of appointed officers covered by this section, the forms shall be mailed within seven (7) days after the date of the appointment.
  • (e) If a person has filed a financialstatement as required by one subsection of this section covering the preceding calendar year, he or she is not required to file a financial statement as required by another subsection if, before the deadline for filing under the other subsection, he or she notifies the commission in writing that he or she has already filed a financialstatement under the subsection specified.
  • (f) A person required to file a financialstatement under subsection (a) of this section may request the commission to grant an extension of time of not more than sixty (60) days for filing the statement. The commission shall grant the extension of not more than sixty (60) days if the request is received prior to the filing deadline or if a timely filing or request for extension is prevented because of physicalor mentalincapacity. Not more than one extension may be given to a person in one year except for good cause shown.
  • (g) The deadline for filing any statement required by this section is 5:00 P.M. of the last day designated in the pertinent subsection of this section for filing the statement. When the last day of filing falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to 5:00 P.M. of the next day which is not a Saturday or Sunday or holiday. Any statement required by any provision of this section to be filed within a specified time period shall be deemed to be timely filed if it is placed in the United States post office or in the hands of a common or contract carrier properly addressed to the appropriate authority within the time limits applicable to the statement. The postmark or receipt mark (if received by a common or contract carrier) will be prima facie evidence of the date that the statement was deposited with the post office or carrier. The person filing the statement may show by competent evidence that the actual date of posting was to the contrary.
  • SECTION 3. This act shalltake effect upon passage.
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  • LC002890
  • LC002890/SUB A
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  • LC002890 - Page 2of 3
  • LC002890/SUB A - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • OF
  • A N A C T
  • RELATING TO ELECTIONS - DECLARATIONS OF CANDIDACY
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  • This act would change the month in which candidates for public office are required to declare their candidacy from June to April.
  • This act would take effect upon passage. ======== LC002890 ========
  • LC002890 - Page 3of 3
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  • This act would require all candidates for elected office to include, when they file their "notice of organization", declaration of the office being sought and to file their code of ethics financial statements within thirty (30) days thereafter.
  • This act would take effect upon passage. ======== LC002890/SUB A ========
  • LC002890/SUB A - Page 4of 4

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