ARTICLE VI. - MUNICIPAL ELECTIONS

Footnotes:

--- (2) --- Editor's note— Article VI of the original Home Rule Charter was declared unconstitutional in State ex rel. Messier v. Turrow et al., 99 A. (2d) 484. Subsequently, the Legislature, in a Special November Session, 1953, enacted chapter 3239 entitled as follows: "An Act pertaining to municipal primaries and elections in the City of Central Falls, and validating certain provisions in the City of Central Falls Home Rule Charter. This Act is set out herein, in place of the original Article VI, for the benefit of the user of this volume. The section numbers appearing at the beginning of each section of this article are unofficial. The official numbers are carried at the end of each section in the form of historical citations.

Sec. 6-100. - Applicability of act.#

This act shall apply specifically to the City of Central Falls in the state of Rhode Island.

(C. 3239, § 1)

Sec. 6-101. - Definitions.#

Whenever used in this act, the following words and phrases shall, unless the context otherwise requires, be construed to mean as follows: "City"—to mean the City of Central Falls.

"Council"—to mean the City Council of the City of Central Falls.

"Charter"—to mean the Home Rule Charter adopted November 4, 1952.

(C. 3239, § 2)

Sec. 6-102. - Time of holding municipal elections.#

At the municipal election held on the first Tuesday following the first Monday in November in even numbered years 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.

(C. 3239, § 3; 11-6-2012)

Sec. 6-103. - Terms of office of elected city officers.#

The terms of office of such elected city officers shall be those provided by the Charter or any duly adopted amendment thereto; provided, however, that the city officers elected on January 19, 1954, shall serve from February 1, 1954, until the first Monday of January 1956, or until their respective successors shall be duly elected and qualified.

(C. 3239, § 4)

Sec. 6-104. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-104, which pertained to special elections for filling vacancies in offices of mayor and councilmen and derived from C. 3239, § 5.

Sec. 6-105. - Terms of appointed officers and members of boards and commissions.#

Except as expressly otherwise provided, all appointed officers shall serve at the pleasure of the appointing power and until their successors are qualified and all members of boards and commissions shall serve for the terms for which they were appointed or elected and until their successors are qualified, unless sooner removed for cause.

(C. 3239, § 6)

Sec. 6-106. - Vacancies in appointive offices.#

A vacancy in an appointive office for a term shall be filled by appointment for the balance of the unexpired term. Such an appointment shall be made in the same manner as an original appointment.

(C. 3239, § 7)

Sec. 6-107. - Election of members of school committee.#

The school committee shall consist of five members, one of whom shall be elected from each of the five wards as the same are now constituted. The terms of members of the school committee shall begin on the first Monday of January following the year in which they were elected, except that at the election held on January 19, 1954, a member from the first ward shall be elected to serve from February 1, 1954, until the first Monday of January 1956, a member from the second ward and a member from the third ward to serve from February 1, 1954, until the first Monday of January 1958, and a member from the fourth ward and a member from the fifth ward to serve from February 1, 1954, until the first Monday of January 1960 and until their successors are elected and qualified. A member elected to fill a vacancy shall serve for the balance of the unexpired term. At each municipal election to be held on the first Tuesday after the first Monday in November 1955 and in every odd year thereafter, there shall be elected for a term of six years commencing with the first Monday in January then next succeeding a member of the school committee to replace the one whose term shall be expiring.

(C. 3239, § 8)

Sec. 6-108. - Vacancies in membership of school committee.#

In case of death, resignation, or inability to serve, or removal from the ward from which they were elected, of any member of the school committee, or if for any other cause there shall be a vacancy in the membership of the committee, a majority of the members of the school committee may appoint, as a member of said committee, a person who at the time of their appointment shall be a qualified elector in the ward where such vacancy occurs. Such person shall hold office as a member of the school committee until the first Monday in January, succeeding the municipal election next following their appointment, at which election the unexpired term shall be filled by the electors of the ward so affected.

(C. 3239, § 9; 11-7-2023)

Sec. 6-109. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-109, which pertained to time of holding general elections and derived from C. 3239, § 10; Election of Nov. 6, 2012.

Sec. 6-110. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-110, which pertained to signatures on nominating petitions and derived from C. 3239, § 11.

Sec. 6-111. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-111, which pertained to time of filing nominating petitions and derived from C. 3239, § 12.

Sec. 6-112. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-112, which pertained to candidate's statement and derived from C. 3239, § 13.

Sec. 6-113. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-113, which pertained to checking of signatures on nominating petitions; filing of additional petitions; validity of signatures and derived from C. 3239, § 14.

Sec. 6-114. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-114, which pertained to withdrawal of candidates and derived from C. 3239, § 15 (Act of General Assembly 1993).

Sec. 6-115. - Primary elections to eliminate excess candidates.#

If more than twice the number of candidates to be elected to any office shall be nominated, there shall be a primary election to eliminate all candidates in excess of twice the number to be elected to said office. The primary election shall be held in the manner hereinafter provided on the first Tuesday following the first Monday in September before a regular municipal election.

(C. 3239, § 16; 11-7-2023)

Sec. 6-116. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-116, which pertained to time of filing of certified lists of candidates and derived from C. 3239, § 17.

Sec. 6-117. - Filing of objections to nomination papers.#

When nomination papers have been duly filed, and are in apparent conformity with sec. 14[6-113] of this act, they shall be conclusively presumed to be valid, unless written objections thereto are made as to the eligibility of the candidate or the sufficiency of the nomination papers or the signatures thereon. All such objections shall be filed with the board of canvassers, by 5:00 p.m. on the next business day after the last day fixed for filing such nomination papers as heretofore provided.

(C. 3239, § 18)

Sec. 6-118. - Hearings on objections to nomination papers.#

All objections to nomination papers shall be considered by the board. The board may at the hearing on such objections summon witnesses, administer oaths, and require the production of books, papers and documents. Such witnesses shall be summoned in the same manner, be paid the same fees, and be subject to the same penalties for default as witnesses before the superior court. A summons may be sworn to and an oath may be administered by the said board. When such objection has been filed, notice thereof shall be forthwith given by registered mail, or by personal service, by the board, to the candidates, addressed to the residence of the candidate as given in the nomination papers, to which objection is made.

Additional notice may also be given by the board if it sees fit to do so. The decision of said board shall be rendered within five days after filing of objections and shall forthwith be certified by the board to the secretary of state.

Following the determination of objection, if any, to the nomination papers, the board shall forthwith certify to the secretary of state, the names and addresses of all candidates who have filed valid nomination papers.

(C. 3239, § 19)

Sec. 6-119. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-119, which pertained to Number of votes allowed electors and derived from C. 3239, § 20.

Sec. 6-120. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-120, which pertained to election officials—appointment, eligibility requirements, etc. and derived from C. 3239, § 21.

Sec. 6-121. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-121, which pertained to election officials—equal representation and derived from C. 3239, § 22.

Sec. 6-122. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-122, which pertained to election officials—powers, duties and obligations and derived from C. 3239, § 23.

Sec. 6-123. - Nomination of candidates by primary elections.#

The number of persons, being twice the number to be elected to the particular office, receiving individually the highest number of votes cast in the primary election for individual candidates shall be declared to be candidates to be voted upon at the election.

(C. 3239, § 24)

Sec. 6-124. - Selection of candidates for municipal elections.#

The candidates for election at all municipal elections shall be the persons nominated where no primary was required, and the persons receiving the highest number of votes in the primary election as provided in section 24[6-123] hereof.

(C. 3239, § 25)

Sec. 6-125. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-125, which pertained to participation in previous partisan election not to bar eligibility to sign nominating petitions and derived from C. 3239, § 26.

Sec. 6-126. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-126, which pertained to use of voting machines and derived from C. 3239, § 27.

Sec. 6-127. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-127, which pertained to use of paper ballots and derived from C. 3239, § 28.

Sec. 6-128. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-128, which pertained to arrangement of names on ballots and derived from C. 3239, § 29.

Sec. 6-129. - Political designations prohibited on ballots.#

There shall be no party or political designation placed upon any voting machine or paper ballot used in any primary election or election, and all candidates for office in the city, except as herein otherwise specifically provided, shall be deemed to be candidates without party or political designation.

(C. 3239, § 30)

Sec. 6-130. - Applicability of state laws.#

The provisions of the laws of the State of Rhode Island pertaining to elections and related matters, including the rights and qualifications of voters; the registration of voters; the board of canvassers and registration, and the registering, listing, and returning lists of voters, and proof of their qualifications to vote; canvassing the rights and correcting the list of voters; elective meetings; the hours of opening and closing the polls; voting machines; absentee voting, and crimes, penalties and forfeitures under the election laws, and any and all other provisions of the laws of the State of Rhode Island relating to the qualifications of electors, registration, the manner of voting, the duties of election officials and all other particulars in respect to preparation for, conducting and management of elections, shall govern every city primary, general and special election, including the election to be held on January 19, 1954, and the primary preceding the same, so far as they may be applicable, excepting those provisions which are inconsistent with this act.

Whenever in said election laws and related matters 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 any reference of whatever kind and designation is made in said election laws and related matters 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 election laws in accordance with the provisions of this act providing for nonpartisan elections.

(C. 3239, § 31)

Sec. 6-131. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-131, which pertained to checking of voting machines and ballots and derived from C. 3239, § 32.

Sec. 6-132. - Board of canvassers.#

The canvassing authority of the city shall be the board of canvassers and registration, which shall consist of three members, not more than two of whom shall be adherents of the same political party, which board shall have all of the powers and duties as are now, or hereafter may be, vested in said board by law. Upon the expiration of the term of office of a member of said board there shall be appointed by the mayor, or the duly elected executive officer of the city, with the approval of the council, a member to succeed the member whose term thus expires, in the following manner:

Each appointee shall be an adherent of one of the political parties which receives in the next previous general election for state senator not less than 25 percent of the total vote cast in the city for state senator from the city. No later than 14 days before the date of the first regularly scheduled meeting of the council next preceding the expiration of the term of office of a member of the board, and within 14 days after the occurrence of a vacancy on said board, the chairman of the city committee of each of the political parties aforesaid, shall submit to the mayor or said officer the names of five persons for each member of said board to be filled. If the chairman of any of said political parties shall fail to submit names as aforesaid, then within 48 hours thereafter, a majority of the members of the city committee of said political party may submit such a list to the mayor or said officer. The mayor or said officer shall then submit to the council from said lists the names of the persons appointed by them to said board. If the council shall refuse to approve the appointment of any person to said board, the mayor or said officer shall submit to the council another person named on one of said lists. If the council shall refuse to approve the appointment of the second name so submitted, the mayor or said officer may appoint any other person on said lists to said board without the approval of the council. If the chairman of the city committee of a political party entitled to an appointment to said board shall fail or refuse to submit a list of names as aforesaid, the mayor or said officer shall appoint to said board with the approval of a majority of the members of the council, any person known by them to be a member of the political party entitled to said appointment.

No person shall be appointed or serve as a member of said board who is an officer or employee of the United States or of this state or of any city or town of this state, provided that they may act as clerk thereof. Any member of said board who becomes a candidate for election to any public office and who fails to file a declination of said candidacy within the time allowed by law, shall be disqualified from holding membership upon said board and their successor shall be appointed forthwith.

Every person appointed shall before entering upon their duties they [be] sworn to the faithful performance thereof and a record of such oath shall be kept by the clerk of said board.

Vacancies in the said board shall be filled for the remainder of the unexpired term in the same manner as for newly appointed members of the board.

(C. 3239, § 34; 11-7-2023)

Sec. 6-133. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-133, which pertained to provisions as to the general election of January 19, 1954 and derived from C. 3239, § 35.

Sec. 6-134. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-134, which pertained to furnishing of and payment for necessary forms and derived from C. 3239, § 36.

Sec. 6-135. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-135, which pertained to termination of office of city officials and derived from C. 3239, § 37.

Sec. 6-136. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-136, which pertained to invalidity of part of act and derived from C. 3239, § 38.

Sec. 6-137. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-137, which pertained to Severability of parts of act and derived from C. 3239, § 39.

Sec. 6-138. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-138, which pertained to proposition to hold elections in even-numbered years and derived from C. 3239, § 40.

Sec. 6-139. - Reserved.#

Editor's note— Charter amendments adopted by voters on Nov. 7, 2023, repealed § 6-, which pertained to effectiveness of act and derived from C. 3239, § 41.