A short history of Rhode Island

by George Washington Greene

4. The boxes containing the votes for representatives to the General Assembly in the several towns shall not be opened till the polls for representatives are declared to be closed. The votes shall then be counted by the moderator and clerk, who shall announce the result and give certificates to the persons elected. If there be no election, or not an election of the whole number of representatives to which the town is entitled, the polls for representatives may be reopened, and the like proceedings shall be had until an election shall take place; provided, however, that an adjournment of the election may be made to a time not exceeding seven days from the first meeting.

5. In the city of Providence and other cities, the polls for representatives shall be kept open during the whole time of voting for the day; and the votes in the several wards shall be sealed up at the close of the meeting by the wardens and ward clerks, in the presence of at least ten qualified electors, and delivered to the city clerks. The mayor and aldermen of said city or cities shall proceed to count said votes within two days from the day of election; and if no election, or an election of only a portion of the representatives whom the representative districts are entitled to elect shall have taken place, the mayor and aldermen shall order a new election, to be held not more than ten days from the day of the first election; and so on till the election of representatives shall be completed. Certificates of election shall be furnished to the persons chosen by the city clerks.

6. If there be no choice of a senator or senators at the annual election, the governor shall issue his warrant to the town and ward clerks of the several towns and cities in the senatorial district or districts that may have failed to elect, requiring them to open town or ward meetings for another election, on a day not more than fifteen days beyond the time of counting the votes for senators. If, on the second trial there shall be no choice of a senator or senators the governor shall certify the result to the speaker of the house of representatives; and] the house of representatives, and as many senators as shall have been chosen, shall forthwith elect, in joint committee, a senator or senators from the two candidates who may receive the highest number of votes in each district.

7. If there be no choice of governor at the annual election, the speaker of the house of representatives shall issue his warrant to the clerks of the several towns and cities requiring them to notify town and ward meetings for another election, on a day to be named by him, not more than thirty nor less than twenty days beyond the time of receiving the report of the committee of the house of representatives, who shall count the votes for governor. If, on this second trial there shall be no choice of a governor, the two houses of the General Assembly, shall, at their next session, in joint committee elect a governor from the two candidates having the highest number of votes, to hold his office for the remainder of the political year, and until his successor be duly qualified.

8. If there be no choice of governor and lieutenant-governor at the annual election, the same proceedings for the choice of a lieutenant-governor shall be had as are directed in the preceding section; provided that the second trial for the election of governor and lieutenant-governor shall be on the same day; and also provided, that if the governor shall be chosen at the annual election and the lieutenant-governor shall not be chosen, then the last named officer shall be elected in joint committee of the two houses from the two candidates having the highest number of votes, without a further appeal to the electors. The lieutenant-governor, elected as is provided in this section, shall hold his office as is provided in the preceding section respecting the governor.

9. All town, city and ward meetings for the choice of representatives, justices of the peace, sheriffs, senators, state officers, representatives to Congress and electors of president and vice-president, shall be notified by the town, city and ward clerks at least seven days before the same are held.

10. In all elections held by the people under this constitution, a majority of all the electors voting shall be necessary to the choice of the person or persons voted for.

11. The oath or affirmation to be taken by all the officers named in this article shall be the following: You, being elected to the place of governor, lieutenant-governor, secretary of state, general treasurer, attorney-general, or to the places of senators or representatives, or to the office of sheriff or justice of the peace, do solemnly swear, or severally solemnly swear, or affirm, that you will be true and faithful to the State of Rhode Island and Providence Plantations, and that you will support the constitution thereof; that you will support the constitution of the United States, and that you will faithfully and impartially discharge the duties of your aforesaid office to the best of your abilities and understanding—So help you God! or, this affirmation you make and give upon the peril of the penalty of perjury.

ARTICLE XI.
OF THE JUDICIARY.

1. The judicial power of this state shall be vested in one supreme court, and in such other courts inferior to the supreme court as the legislature may, from time to time, ordain and establish; and the jurisdiction of the supreme and of all other courts, may, from time to time be regulated by the General Assembly.