Gelch v. State Board of Elections

482 A.2d 1204, 1984 R.I. LEXIS 655
CourtSupreme Court of Rhode Island
DecidedOctober 19, 1984
Docket84-320-M.P., 84-330-M.P.
StatusPublished
Cited by28 cases

This text of 482 A.2d 1204 (Gelch 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
Gelch v. State Board of Elections, 482 A.2d 1204, 1984 R.I. LEXIS 655 (R.I. 1984).

Opinions

OPINION

SHEA, Justice.

This case is before the court following the consolidation of two petitions for writ of certiorari. The petitioner, Melvyn M. Gelch (Gelch), seeks a review of two decisions of the State Board of Elections certifying Vincent A. Cianci, Jr. (Cianci), as a qualified candidate in the special mayoral election. The special election was being held to fill the unexpired term of the office of mayor that was forfeited when Cianci, the incumbent mayor, was convicted of a felony. We hold that according to the Providence Home Rule Charter of 1980 (charter), when the office is vacated because the incumbent is convicted of a felony, the entire four-year term of office must be vacated, thereby prohibiting the incumbent from seeking to fill the unexpired portion of the term.

I

On April 23, 1984, Cianci was convicted of the felony of assault with a dangerous weapon after pleading nolo contendere in the Superior Court. He was sentenced to five years at the Adult Correctional Institutions (ACI). The execution of the sentence was suspended, and Cianci was placed on probation for five years. On April 25, 1984, Cianci resigned the office of mayor of Providence and the city council declared the office vacant pursuant to § 206(a) of the charter.

Cianci filed with the Providence Board of Canvassers a declaration of his candidacy and his nomination papers for the office of mayor of Providence for the special election to fill the unexpired term from which he resigned. Gelch objected to Cianci’s candidacy before the board of canvassers pursuant to G.L. 1956 (1981 Reenactment) § 17-16-16. Gelch’s objection was based on G.L. 1956 (1981 Reenactment) § 13-6-2, a state law that deals with the loss of civil rights by persons sentenced to imprisonment for more than one year. The board of canvassers denied the objection and certified Vincent A. Cianci, Jr., a qualified candidate for the special mayoral election. Gelch appealed this decision to the State Board of Elections.

The board of elections affirmed the decision of the board of canvassers. Gelch filed a petition for writ of certiorari with this court, seeking a review of the state board’s decision. Gelch subsequently amended his earlier objection with the board of canvassers to include an argument based on the charter.

The board of canvassers declined to rule on the applicability of § 206 of the charter, claiming that it lacked jurisdiction. Gelch then took a second appeal to the board of elections.

The board of elections ruled that Cianci was an eligible candidate under the charter. Gelch filed a second petition for writ of certiorari with this court, requesting a review of the second decision of the board of elections. On June 25, 1984, this court entered an order issuing writs of certiorari, consolidating them for hearing, and staying the special election until July 31, 1984.

After hearing arguments, an order of this court was entered declaring Cianci ineligible to be a candidate in that special election. Gelch v. State Board of Elections, Nos. 84-320-M.P. and 84-330-M.P. (R.I., filed July 6, 1984). We now write to detail our reasoning.

Gelch first claimed that the United States Constitution allows the state to [1207]*1207place qualifications on a convicted felon’s right to hold public office. He then asserted that Rhode Island’s Constitution merely sets minimum qualifications on a person’s right to hold public office, thereby allowing the General Assembly to establish further qualifications. Finally, Gelch asserted that the charter requires that the entire four-year term of office be vacated when an incumbent is convicted of a felony, making Cianci an ineligible candidate in the special election being held to fill his unexpired term.

II

A threshold issue is whether Gelch has standing to object to Cianci’s candidacy. He contends that as a qualified elector in the city of Providence he has standing pursuant to § 17-16-16. This statute provides for the filing of “written objections * * * to the eligibility of the candidate * * A reasonable interpretation of this statute is that qualified electors of Providence have standing to object to a candidate’s eligibility. This conclusion is reached in light of this court’s past holdings conferring standing liberally when matters of substantial public interest are involved. Blackstone Valley Chamber of Commerce v. Public Utilities Commission, R.I., 452 A.2d 931, 933 (1982). We conclude that petitioner Gelch has standing to object to Cianci’s eligibility as a candidate.

III

A

FEDERAL CONSTITUTION

States have the discretion to establish certain conditions under which the right of suffrage may be exercised and the right to hold public office determined. Lassiter v. Northampton County Board of Elections, 360 U.S. 45, 50, 79 S.Ct. 985, 989, 3 L.Ed.2d 1072, 1076 (1959). This power of the state, of course, must be exercised within the bounds of the Federal Constitution. It must be free of the discrimination that the United States Constitution condemns.

Limitations on the right of a person who has been convicted of a felony to vote and to hold public office have been explicitly recognized by the United States Supreme Court. Richardson v. Ramirez, 418 U.S. 24, 54, 94 S.Ct. 2655, 2671, 41 L.Ed.2d 551, 571 (1974). The Court in Richardson noted that whereas the equal-protection clause puts many inhibitions on the power of the state to limit the franchise, section 2 of the Fourteenth Amendment to the United States Constitution expressly allows the states the power to disenfranchise convicted felons.1 The Court held that the disenfranchisement of a convicted felon by the state need not undergo the typical equal-protection analysis that other qualifications on the right to vote and to hold public office must undergo under section 1 of the Fourteenth Amendment because of the express exception contained in section 2. A decision by the state therefore to disenfranchise a person or to disqualify a person who has been convicted of a felony from seeking public office does not violate the equal-protection clause of the Federal Constitution.

Cianci claimed that his First Amendment rights would be violated by denying [1208]*1208him access to the ballot, thereby requiring the state to prove a compelling interest to warrant the denial. U.S. Const, amend. I. Although it is clear that the candidacy for public office is one of the rights included within the scope of the First Amendment of the United States Constitution, Cummings v. Godin, 119 R.I. 325, 335, 377 A.2d 1071, 1076 (1977), the disqualification of a convicted felon by a state is specifically allowed under section 2 of the Fourteenth Amendment. The First Amendment, only applicable to the states through the Fourteenth Amendment, Gitlow v. New York, 268 U.S. 652, 666, 45 S.Ct. 625, 630, 69 L.Ed. 1138, 1145 (1925), therefore gives Cianci no further protection than that established by the Fourteenth Amendment.

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Bluebook (online)
482 A.2d 1204, 1984 R.I. LEXIS 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelch-v-state-board-of-elections-ri-1984.