410 R.I. Code R. 410-RICR-20-00-10.6

Current through November 21, 2024

Section 410-RICR-20-00-10.6 - Objections to sufficiency of nomination papers or signatures

A. When nomination papers have been duly filed and are in apparent conformity with R.I. Gen. Laws § 17-14-11, they shall be conclusively presumed to be valid, unless written objections to them are made as to the eligibility of the candidate or the sufficiency of the nomination papers or the signatures on them. All objections shall be filed in the office of the secretary of state or the local board, as the case may be, by four o'clock (4:00) p.m. on the next business day after the last day fixed for filing nomination papers in the appropriate office as provided in this Chapter.

B. Objections or challenges to the sufficiency and validity of signatures regarding an endorser on nomination papers under R.I. Gen. Laws § 17-14-13 shall only be allowed by a candidate for the office, an individual presenting written authorization from the candidate, or a chair of a political party. Said objections to signatures must be submitted on a form prescribed by the staff of the Board of Elections, and must include a written basis for the objection, the nomination page number and line number of the specific signature(s) being challenged, and present evidence to support the objection filed against the local boards disposition of each line number included in the objection. The state board shall not consider any challenge in the absence of a written basis to the local board's rejection of an endorser. Evidence may include:

1. For endorsers whose signatures have been disqualified for not being registered to vote or not found, or not eligible to vote for the stated candidate on the nomination papers, or registered to vote within the wrong district:

a. Information that an endorser is included on a list of registered voters under R.I. Gen. Laws § 17-9.1-15, which list has been obtained from the secretary of state or a local board of canvassers, and is registered to vote at the place of residence and street number pursuant to R.I. Gen. Laws § 17-14-8 and was an eligible voter at the time of signing the nomination paper.

b. For endorsers whose signatures have been invalidated by a local board due to not reasonably matching any current or previous signature within the individual's voter registration record, including the CVRS, a copy of the individual's voter registration card(s) containing the voter's signature as obtained in accordance with R.I. Gen. Laws § 17-9.1-15, and demonstrating the signature reasonably matches the signature executed by the endorser on the nomination paper in question;

c. A notarized affidavit from the individual on a form prescribed by the staff of the Board of Elections containing the individual's name, residence address, and telephone number, attesting they executed their signature on the nomination paper in question in the presence of the collector; or

d. In-person testimony, under oath, provided by the endorser, attesting they executed their signature on the nomination paper in question in the presence of the collector.

2. For endorsers whose signatures were accepted by the local board of canvassers are being challenged:

a. Evidence indicating the endorser did not sign the nomination paper;

b. Evidence indicating the endorser did not sign the nomination paper in the physical presence of the collector;

c. Evidence indicating the endorser is deceased.

C. If a valid objection has been filed with the secretary of state, the secretary shall immediately deliver to the state board the nomination papers to which the valid objection has been filed.

D. The state board may summon witnesses, administer oaths and require the production of books, papers and documents at any hearing to address challenges to signatures. The witnesses shall be summoned in the same manner, be paid the same fees, and be subject to the same penalties for default as witnesses who appear before the superior court. A summons may be sworn to, and an oath may be administered by the board.

E. The decision of the board will be made within two (2) days, exclusive of weekends and holidays, after filing of objections and shall immediately be certified by the state board to the secretary of state.

F. All objections to nomination papers, other than state and federal candidates, shall be considered by the local boards and with the same effect as provided in this Section for hearing of objections to nomination papers for state and federal candidates by the state board.

410 R.I. Code R. 410-RICR-20-00-10.6

Adopted effective 7/22/2024