2009 -- H 5094

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LC00274

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO ELECTIONS -- FEDERAL ELECTIVE OFFICERS

     Introduced By: Representatives Fierro, Pacheco, Gablinske, Sullivan, and Savage

     Date Introduced: January 14, 2009

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-4-9 of the General Laws in Chapter 17-4 entitled "Federal

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Elective Officers" is hereby amended to read as follows:

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     17-4-9. Special election to fill senatorial vacancy -- Temporary appointment. –

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Special election to fill senatorial vacancy. -- Whenever a person elected a senator in congress,

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at any time between the day of that person's election and the beginning of his or her term of

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office, refuses to serve and so declares to the secretary of state, or dies, becomes insane, removes

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from the state, or is otherwise incapacitated, or whenever a vacancy happens in the representation

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of this state in the United States senate, the governor shall issue his or her writ of election

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directed to the several city and town clerks, or local boards as the case may be, ordering a new

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election of senator to fill the vacancy to be held in the state at the next general election after the

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expiration of seventy (70) days from the date of the occurrence of the vacancy; provided, that

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pending the election, the governor shall appoint some person to fill the vacancy, and the person

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appointed shall serve until the election and qualification of the person elected to fill the vacancy.

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at as early a date, to be stated in the writ, as will be in compliance with the provisions of law in

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relation to these elections, but no election provided for by this section shall be held exclusively on

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Saturday; provided, that whenever a vacancy occurs between the first day of July and the first

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day of October in any even numbered year, the governor shall, unless in his or her opinion the

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public good requires an earlier special election, issue his or her writ for a special election to fill

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the vacancy to be held with the general election on the Tuesday next after the first Monday in

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November of that year.

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     SECTION 2. This act shall take effect upon passage.

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LC00274

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- FEDERAL ELECTIVE OFFICERS

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     This act would require a special election to fill all federal senatorial vacancies and take

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away from the governor the power to make temporary appointments to fill the vacancies.

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     This act would take effect upon passage.

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LC00274

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