[Adopted 8-13-1991 by Ch. No. 983 as Subpart B of the 1991
Code]
As used in this article, the following terms
shall have the meanings indicated:
The determination of any fiscal affairs questions by the
vote of the qualified electors voting thereon.
[Amended 8-17-2009 by Ch. No. 1687]
The Town Council shall hold one or more annual
fiscal affairs meetings within 10 days of the receipt of the recommended
annual budget of the Board of Finance. Before the expiration of this
period, the Council shall file the proposed budget with the Town Clerk.
The Council shall hold no less than two public hearings if the Council
shall make any revisions that it deems necessary or desirable to the
recommended budget. Public notice shall be published of such public
hearing in a newspaper having general circulation in the Town, at
least once prior to said hearing, as directed by the Town Council.
[Amended 8-17-2009 by Ch. No. 1687]
Within seven days of the filing of the proposed
budget by the Town Council with the Town Clerk, the Town Clerk shall
publish said proposed budget in a newspaper having general circulation
in the Town and on the Town website, which shall indicate all items
and amounts thereof that the Council has altered, rejected, added
or deleted, in some appropriate manner on the budget as being those
items either not recommended or not having been considered by the
Board of Finance as set forth in § 3-1-5(a) of the Charter.
[Amended 8-17-2009 by Ch. No. 1687]
Within eight days of the publishing of the budget,
any items (the appropriation for any department, office or purpose)
may be contested by means of a petition for change signed by 3% or
more of the qualified electors as determined at the previous general
election. Said petition may be instituted by any qualified elector,
but prior to being circulated for signatures, such petition shall
be filed with the Town Clerk, who shall attest to the filing and affix
the Seal of the Town.
If one or more petitions for change are filed
within the period designated in § 3-1-5(b) of the Charter
and have at least the required number of signatures thereon, the Board
of Canvassers shall, within seven days, check the validity of the
signatures and further determine the overall validity of the petitions.
[Amended 8-17-2009 by Ch. No. 1687]
If one or more petitions for change are validated
by the Board of Canvassers, the Board of Canvassers shall so notify
the Town Clerk forthwith, who shall fix the date for the referendum
meeting, which shall be within 35 days of the validating. The Board
of Canvassers shall designate the polling places for a referendum
meeting.
Upon the certification of the Board of Canvassers
that one or more petitions for change have been validated, the Board
of Canvassers shall meet forthwith to canvass the lists of the electors
qualified to vote at a referendum meeting, and shall strike from said
lists every person not qualified to vote at such referendum meeting.
The list as finally corrected shall constitute the voting list to
be used at the referendum meeting for which it has been canvassed,
and shall be certified for use at the polls.
[1]
Editor's Note: Former § 22-8, Temporary certificates
of qualified voters, was repealed 8-17-2009 by Ch. No. 1687.
[Amended 8-17-2009 by Ch. No. 1687]
The Town Clerk shall cause the qualified electors
to be notified of a referendum meeting to be held by publication in
a newspaper having general circulation in the Town at least once prior
to said referendum meeting, or by electronic means, which notice shall
set forth the time and place and purpose of such referendum meeting.
[Amended 8-17-2009 by Ch. No. 1687]
Referendum meetings shall be opened for the
purpose of voting at 9:00 a.m. and shall be continuously kept open
for voting until 8:00 p.m., provided that any qualified voter who
is within the building in which the referendum meeting is being held
and is waiting in line to vote at 8:00 p.m. shall be entitled to cast
his vote. When all persons so entitled to vote shall have been afforded
a reasonable opportunity to do so, the polls shall be closed. Mail
ballots and emergency ballots will be available by application only
to the Board of Canvassers. Qualified electors have the option of
voting early by casting their ballot at the office of the Board of
Canvassers during the two weeks prior to the referendum meeting.
The Board of Canvassers shall keep open on such
meeting day from the hour fixed for the opening of the polls until
the hour fixed for the closing of the polls and to remain in session
during said hours at a regular place of meeting of said Board.
The Board of Canvassers shall forthwith appoint
moderators, clerks and supervisors necessary for the polling places
from the list of qualified electors qualified to vote at said referendum
meeting.
The compensation of moderators, clerks and supervisors
shall be the same as for other Town meeting elections.
At all such referendum meetings of the qualified
voters, the moderators shall preside. Every moderator shall have power
to manage and regulate the business of such referendum meeting, and
to maintain peace and good order therein.
The ballot labels to be used at such referendum
meeting shall be printed and furnished at the expense of the Town
by the Town Clerk and turned over to the Board of Canvassers.
All ballot labels shall be printed on clear,
white material in plain, clear type. Upon the ballot label for questions,
the statement of the questions shall be printed in type that can be
easily read, with the words "yes" or "no"; "approve" or "reject";
whichever may be required for the voter to indicate his vote for or
against any such questions.
[Amended 8-17-2009 by Ch. No. 1687]
The Secretary of State will prepare a sample
ballot and a reasonable supply of same shall be furnished to the Board
of Canvassers for public distribution, upon request, and no fewer
than three of such sample ballot shall be furnished for each polling
place. Such sample ballot shall clearly and briefly explain and illustrate
the manner of voting upon questions.
All printed matter shall be turned over to the
Board of Canvassers for delivery to the polling places on the day
of the referendum meeting.
The Board of Canvassers shall make all arrangements
to procure and equip voting places, provide necessary police protection
and establish desired voting procedure at any referendum meeting.
Immediately upon the close of the polls, the
moderator shall announce the votes cast, and the Clerk shall record
the same on forms provided for this purpose.
The majority of the qualified electors voting
at such referendum shall determine whether the proposed budget shall
or shall not be amended as proposed by any valid petition for change.
A plurality of the qualified electors voting
at such a referendum shall determine whether the proposed budget shall
or shall not be amended as proposed by valid petitions for change
of the same appropriation.
The failure of the local board to perform any
of its duties required by this article shall not affect the validity
of such referendum meeting or the right of any person to vote, except
as such right to vote may be affected by noncompliance with RIGL 17-9.1-1
et seq.
At the close of the polls, the records, ballots,
used and unused, shall be sealed up by the moderator and clerk and
directed to the Town Clerk. The Town Clerk shall certify and file
in the office of the Town Treasurer a copy of the budget as finally
amended by referendum. The Town Clerk shall make available sufficient
copies of same for the use of all officers, departments and agencies
and for the use of interested persons.
If there is no majority between the proposed budget and the petition for change, or if there is no plurality between the proposed budget and any petitions for change, where the same appropriation is under consideration, a new referendum meeting shall be held which shall be limited to the appropriations so affected. The procedure shall be the same as set forth in § 22-6.
[Amended 8-17-2009 by Ch. No. 1687]
The Town Clerk shall retain all referendum material,
including used ballots, safely sealed, for the periods prescribed
in rules promulgated by the Secretary of State for the retention of
election documents.
