In Rhode Island, legislatively referred amendments are the only form of statewide direct democracy available. Proposed amendments are submitted to voters at the next general election, including the amendment’s full text and a statement of the question prepared by the Secretary of State. The Secretary of State is also charged with preparing a voter information pamphlet that is distributed to each residence. Rhode Island’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Rhode Island
Rhode Island does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Rhode Island voters. R.I. Const. art. XIV, § 1.
Election Timing
Legislatively referred amendments must be submitted to voters at “the next general election as provided in the resolution”, after approval by a majority of members elected to each house of the legislature. R.I. Const. art. XIV, § 1. Rhode Island statutes define a general election as one taking place in even-numbered years for the election of members of the General Assembly or other specified offices. R.I. Gen. Laws § 17-1-2.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment in Rhode Island must display the following.
- Clear and concise statement of the nature of the question, prepared by the Secretary of State.
- Full text of the proposed amendment as adopted by the General Assembly.
See R.I. Gen. Laws § 17-5-5(a).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Rhode Island Constitution provides that a legislatively referred amendment must be published in such a manner as the General Assembly shall direct. R.I. Const. art. XIV, § 1. Statutes provide for “publication” in the form of a distributed voter information pamphlet, discussed below. See R.I. Gen. Laws § 17-5-3.
Voter Information Pamphlet
The Secretary of State must print and send a voter information packet to each residential unit in Rhode Island. R.I. Gen. Laws § 17-5-3. The packet must contain the following information.
- The full text of the legislative resolution, or a description of the text prepared by the Secretary of State.
- A brief caption of the question.
- A brief explanation of the measure that is the subject matter of the question.
- A notice that voter fraud is a felony.
- (If applicable, if the proposal contemplates indebtedness or other financial obligations) The estimated cost of the project (including financing, legal, and other costs) and other related information, as provided by the agency or department impacted by the indebtedness.
See R.I. Gen. Laws § 17-5-3(a).
JUDICIAL REVIEW
When and how can the court step in?
Rhode Island’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.
Sample case: Harrop v. Rhode Island Div. of Lotteries, No. PC-2019-5273, 2020 WL 3033494 (R.I. Super. June 1, 2020) (finding that the voter information pamphlet in question met statutory requirements and provided voters with “fair notice” of what was being approved).