Collins v. State Board of Elections

480 A.2d 408, 1984 R.I. LEXIS 594
CourtSupreme Court of Rhode Island
DecidedAugust 16, 1984
DocketNos. 84-259-M.P., 84-261-M.P.
StatusPublished
Cited by1 cases

This text of 480 A.2d 408 (Collins v. State Board of Elections) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. State Board of Elections, 480 A.2d 408, 1984 R.I. LEXIS 594 (R.I. 1984).

Opinion

OPINION

KELLEHER, Justice.

On May 22, 1984, we entered an order in each of the above-entitled certiorari proceedings quashing a decision of the State Board of Elections (board of elections) that in turn sustained the rejection by the Providence Board of Canvassers (canvassers) of declarations of candidacy filed with the canvassers by Edward J. Collins (Collins) and Joseph A. Doorley, Jr. (Doorley). Both Collins and Doorley were seeking to be candidates in a June 12, 1984 primary election that would designate the Democratic Party’s nominee for the office of Mayor of the City of Providence at a special election that was then scheduled to be held on July 17, 1984. The special election was for the purpose of filling the unexpired term of Vincent A. Cianci, Jr., who, after pleading nolo contendere to charges of having committed an assault with a dangerous weapon, received a five-year suspended sentence. After the sentencing, he resigned from office.

The facts are undisputed. On May 1, 1984, the canvassers’ records indicated that Collins and Doorley were both registered voters in Providence, the former residing at 43 College Road, and the latter residing at 20 Radcliffe Avenue. The canvassers had established the period during which declarations of candidacy for the office of mayor would be accepted for filing as beginning on May 17, 1984, and expiring at 5 p.m. on May 22, 1984.

On May 1, 1984, Collins notified the canvassers of a change in residence; he had moved from 43 College Road to 754 Valley Street. Doorley on May 11, 1984, notified the canvassers of a change of residence; he had sold the Radcliffe Avenue property and had moved to 230 South Main Street. In making these changes, Collins and Door-ley, although they both remained in the city of Providence, moved into new voting districts. Both Collins and Doorley filed their declarations of candidacy on May 17, and on the same day the canvassers met and rejected their respective declarations.

The canvassers as well as the board of elections, in rejecting the declarations of Collins and Doorley, placed great emphasis on two provisions of the state’s election laws. One is G.L. 1956 (1981 Reenactment) § 17-14-2, which in its pertinent portions stipulates that no person shall be eligible to be a candidate or to be voted for in a primary unless at the time of filing the declaration the candidate is “qualified to vote in a primary within the district for the [410]*410office which he seeks.” The other statute is G.L. 1956 (1982 Reenactment) § 17-9-16(a)(2), as amended by P.L. 1983, ch. 172, § 4, which states that a voter who has moved within the same municipality from one voting district to another can vote in the new voting district if the voter, at least thirty days prior to the election or primary, notifies the canvassers of the transfer of his or her voting registration to the new district.

The board of elections in its decision also referred to Conrad v. Town of Narragansett Board of Canvassers, R.I., 420 A.2d 50, 51-52 (1980), in which this court, in construing § 17-14-2, described as “clear and sensible” the statute’s mandate that a candidate’s eligibility to seek public office was to be determined as of the date of the filing of the declaration of candidacy. The term “district” was also construed to mean a municipality. Conrad was one of five Narragansett residents who, at the time of their filing as candidates for election as the Democratic Party’s representatives on the town committee, had been registered to vote in the town less than ten days prior to the filing of their declarations. In 1980 § 17-1-3 listed the conditions that had to be satisfied before an individual could be eligible to vote in an election: He or she must be at least eighteen years old, have United States citizenship, and be registered for at least thirty days prior to the election in the municipality in which the ballot will be cast. Since Conrad and his associates at the time of filing could not satisfy the thirty-day registration requirement found in § 17-1-3, the canvassers rejected their declarations; this action was affirmed by the board of elections, and this court sustained the rejection.

Time has marched on, and the General Assembly at its January 1983 session enacted P.L. 1983, ch. 172, which was entitled the “The Voting Reform Act of 1983” and amended several of the provisions of the state’s election laws. The act, which became effective July 1, 1983, was designed to limit the number of voters who could qualify for mail ballots and to provide a system whereby the authenticity of a voter’s claim of residency could be challenged. Before considering the changes made to §§ 17-1-3 and 17-9-16(a)(2), we would add that at no time have the canvassers or the board of elections ever challenged the good faith of either Collins or Doorley when in May of 1984 they notified the canvassers of their respective changes of residence. In May of 1984 Collins had been a registered voter in the city of Providence for close to thirty years, and Doorley had been a registered voter in the capital city for over three years.

The 1983 version of § 17-1-3 affords the right of voting to “[ejvery citizen of the United States who is at least eighteen (18) years of age” who has resided in this state for at least thirty days and in the municipality and voting district in which he desires to cast his vote for at least thirty days directly preceding the election and who shall be registered in that municipality and voting district at least thirty days directly preceding the election.

Section 17-9-16 in its pertinent parts was unchanged by the 1983 revision of the election laws. It deals with the registered voter who moves. Sections 17-9-16(a)(l) and (2) concern the voter who moves and takes up residence within the same municipality. Section 17-9-16(a)(l) provides that the registered voter who moves to a new residence within the same voting district may vote at a forthcoming election or primary from a new district provided that the voter, at least thirty days prior to the election, has submitted to the canvassers a written request for a change of address. A voter who has moved within the municipality in which the voter is registered but into a different voting district may vote in a forthcoming election or primary if, thirty days prior to the election or primary, the voter has requested from the canvassers a “transfer of registration” to the new voting district. Section 17-9-16(a)(2). Section 17-9-16(b) deals with the voter who has changed his voting residence by moving [411]*411into a different municipality. Such an individual is required to register in the city or town into which he has moved; if such a move has taken place less than thirty days prior to a forthcoming election, the voter may vote by a special paper ballot for federal and statewide elected officials.

In sustaining the canvassers’ rejection of the declarations of candidacy, the board of elections found that neither Collins nor Doorley, at the time they filed their declarations, had resided within their new voting districts for at least thirty days, a requirement which the board thought was mandated by the provisions of §§ 17-1-3, 17-9-16(b) and 17-14-2. The canvassers’ rationale for their action was essentially the same. In our opinion, the board of elections and the canvassers were in error.

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Bluebook (online)
480 A.2d 408, 1984 R.I. LEXIS 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-state-board-of-elections-ri-1984.