410-RICR-20-00-10
410-RICR-20-00-10. Nomination Papers - Affidavit of Person Obtaining Signatures (version Technical Revision, 04/27/2010 to 01/04/2022)
10.1
A. The
Rhode Island Board of Elections hereby adopts rules and regulations
relating to nomination papers, and persons obtaining signatures
pursuant to and in accordance with R.I. Gen. Laws § 17-14-10
et seq ., as amended.
B. Said
rules and regulations are proposed pursuant to the Administrative
Procedures Act (R.I. Gen. Laws Chapter 42-35
et seq .) and are available for public inspection at the
offices of the Rhode Island Board of Elections, 50 Branch Avenue,
Providence, Rhode Island.
10.2 Purpose
The
within rules and regulations are proposed by the Board of Elections
to ensure the orderly conduct of elections and enforce the provisions
of R.I. Gen. Laws § 17-14-10 .
10.3 Definitions
"Person"
means any individual who obtains signatures of voters upon nomination
papers.
"Presence"
means close physical proximity coupled with awareness sufficient to
allow the affiant to witness each voter's signature.
10.4 Nomination Papers - Affidavit
of Person Obtaining Signatures Rules
A. The
person obtaining signatures of voters in support of nomination papers
must personally witness the signature of each person and shall attest
before a notary public that each person who signed the nomination
papers appeared personally before him or her and signed the
nomination papers in the actual presence of the affiant. Said affiant
must have personal knowledge that each person actually signed the
document.
B. If
it is discovered that any signature(s) are not obtained in the
"presence" of the person obtaining signatures, then the
Board of Elections may strike each invalidly obtained signature from
the nomination papers.
10.5 Implementation
A. The
Board of Elections may promulgate procedures and forms necessary to
implement the within rules and regulations required under the Rhode
Island General Laws.
B. These
rules and regulations were adopted at a meeting of the State Board of
Elections held on the 24th day of March 2010 pursuant to the
Administrative Procedures Act (R.I. Gen. Laws § 42-35-1 ,
et seq .). By Order of the Rhode Island Board of Elections.