ARTICLE XI. - ELECTION PROCEDURE

Sec. 11-1. - When provisions of article apply.#

The State of Rhode Island and Providence Plantations Constitution, Article XIII, entitled, Home Rule for Cities and Town, explicitly reserves the power over elections and election procedures to the general assembly. All election processes and procedures are therefore defined and set forth by the general assembly and preempt any provision herein. The provisions of this article only apply to the extent that they do not conflict with the laws as enacted and as may be amended by the General Assembly.

Sec. 11-2. - Definitions.#

For the purposes of this Charter, the following terms shall have the meanings indicated, unless different meanings are clearly expressed or required by the context: (1)

"City" shall mean the City of East Providence.

(2)

"Primary election" shall mean every City of East Providence primary election held to eliminate all candidates in excess of twice the number to be elected to the offices created by this Charter.

(3)

"General election", or "regular election" shall mean every City of East Providence general election, held for the election of candidates to offices under this Charter.

(4)

"Special election" shall mean every City of East Providence special election to fill a vacancy, or an elective meeting at which a question or questions is to be submitted to the voters of the city, under this Charter or other provisions of law.

(5)

"Canvassing authority" shall mean the canvassing authority created by this Charter.

(6)

"Election officials" shall mean and include officials for all municipal elections in the City of East Providence, whether primary, general or special.

Sec. 11-3. - General municipal elections.#

The qualified electors of the City of East Providence shall elect a Mayor, a Council and a School Committee as provided by this Charter. The qualified electors of the City shall elect the Mayor and such members of the Council and School Committee as are necessary to fill the offices of those whose terms of office expire that year, and also to fill any vacancies in the above offices which may then exist.

Sec. 11-4. - Primary municipal elections.#

There shall be a primary election in the City of East Providence to nominate two (2) candidates for each office to be filled as provided by this Charter for the office of Mayor, Council member, and committee member. The qualified electors of the City of East Providence shall cast their ballots to nominate such candidates to stand as candidates for Mayor, Council, and School Committee, as are necessary to fill the terms of offices that expire that year, and also to fill new vacancies in the above offices which then may exist.

Sec. 11-5. - Non-partisan ballot.#

In all municipal elections in the City of East Providence, whether primary, general or special, there shall be no party mark or designation upon any ballot, or upon any declaration of candidacy, nomination petition or list of candidates.

Sec. 11-6. - Declaration of candidacy.#

Candidates for nomination in the primary election shall file with the canvassing authority a declaration of their candidacy upon forms prepared and provided by the canvassing authority.

Sec. 11-7. - Nomination petition signatures.#

The nomination of all candidates for elective office in the primary election provided for by this Charter shall be by petition.

Sec. 11-8. - Primary election; mayor, council members, school committee.#

At the first and all subsequent primary elections for Mayor, City Council Member, and School Committee Member, the two (2) candidates for each respective office receiving the highest number of votes shall be deemed and declared to be the candidates for that office.

Sec. 11-9. - Certification and publication.#

The canvassing authority shall certify a list of candidates and shall cause to be published in one or more of the newspapers published or having general circulation in the City of East Providence, the names, residences and offices to which nominated, of the candidates who have duly filed the above described petitions and acceptances.

Sec. 11-10. - Ballot; form of.#

The names of the candidates in any primary, general or special City election shall be arranged alphabetically upon the ballot under the title of the office to be filled. The ballot shall be without party marks or designation. The name of each candidate shall be given.

Sec. 11-11. - General election; elected candidates.#

At any City election, the candidates for each office receiving the highest number of votes shall be deemed and declared elected to such office for the term as provided herein.

Sec. 11-12. - Election laws and conduct of elections.#

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; 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 qualification 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, so far as they may be applicable, excepting those provisions which are inconsistent with the election procedure set forth in this article.

Sec. 11-13. - Party designation.#

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, 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 Charter, providing for the use of non-partisan ballot; and the canvassing authority shall appoint election officials from lists submitted by the candidates, giving representation to all candidates insofar as possible.

Sec. 11-14. - Terms of office.#

All elected and appointive officers elected or appointed for a definite term, shall enter upon their term of office upon the first Tuesday after the first Monday in December next following a City of East Providence general election, or as soon thereafter as may be, and shall serve until their successors are elected and qualified.

Sec. 11-15. - Recall.#

Recall is authorized in the case of a Mayor, Council member, or School Committee member who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has been made by the ethics commission or who has committed a willful violation of any provision of the Charter as determined by a preponderance of the evidence by the ethics commission or a state court of competent jurisdiction. Recall shall not, however be instituted at any time during the last nine (9) months of an individual's term of office. Such a recall may be instituted by filing with the canvassing authority an application for issuance of a recall petition against said Mayor, Council member, or School Committee member which is signed by duly qualified electors equal to three percent (3%) of the total number of votes cast at the last preceding general election for that office.

The canvassing authority shall within seven (7) days from the date of the filing of such application examine it and shall from the voters registered determine the sufficiency thereof. If, upon verification by the canvassing authority the application is determined to contain signatures of the required number of electors, the canvassing authority shall, forthwith, issue a recall petition.

Within ninety (90) days of said issuance, a written petition demanding the removal of the Mayor, or a member of the City Council or a member of the School Committee shall be filed with the canvassing authority. When removal of the Mayor, or a member of the City Council at large or a member of the School Committee at large is sought said petition shall contain the signatures of duly qualified electors constituting twenty percent (20%) of the total number of votes cast in the last preceding general election for said office provided, however, when recall of the Mayor, a Council member at large or a School Committee member at large is sought no less than twenty percent (20%) of the total signatures required may be from any one ward. When removal of any other member of the City Council or School Committee member is sought, said petition shall contain the signatures of duly qualified electors constituting twenty percent (20%) of the total number of votes cast in the last preceding general election for said office of the ward from which such member was elected.

The signatures to the application and to the recall petition need not all be on one (1) sheet of paper, but each such application and petition must contain an identical statement naming the person to be recalled, the office held by said person, and the grounds for such recall set forth in a statement of one hundred (100) words or less approved by the canvassing authority. Each signatory must set forth his or her signature and printed name as it appears on the voting list, and his or her place of residence. The person witnessing the signatures of each elector on said petition must sign a statement under oath on said sheet attesting that the signatures thereon are genuine and were signed in his or her presence. If the requisite number of signatures are not obtained within said ninety (90) day period, the recall effort shall terminate.

The canvassing authority shall within ten (10) days from the date of the filing of such petition examine it and shall from the voters registered determine the sufficiency thereof and certify the results to the City Council forthwith.

If the examination shows that the petition contains the requisite number of signatures, the City Council shall order and fix, forthwith, a date for holding an election, which date shall not be less than sixty (60) nor more than ninety (90) days from the date that the canvassing authority certified the petition as sufficient.

Each ballot at such election shall have printed thereon the grounds for removing said office holder and the following question: "Shall (name of person) be removed from the office of (name of office)?" Immediately following such question, there shall be printed on the ballot the following two (2) propositions in this order: • "Yes"

• "No"

In any such election, if a majority of the votes cast on the question of removal is affirmative, the person whose removal is sought shall thereupon be deemed removed from office as of certification of the results by the canvassing authority.

At such time the office shall be immediately declared vacant and shall be filled in accordance with the Charter of the City. The person so removed shall not be eligible to fill the unexpired portion of the term of office.

The City Council may, through ordinance, make other and further regulations for carrying out the provisions of this section not inconsistent herewith.