Re: September 15, 2014 Petition filed by Rhode Island Republican State Central Committee and
Dear Mr. Kando:
I am writing to supplement the September 15, 2014 Verified Petition filed by the Rhode
Island Republican State Central Committee (“Republican Party”) and Mark Smiley, both in his
capacity as Chairman of the Republican Party and in his capacity as a qualified elector (Mr.
Smiley”) (collectively, “Petitioners”). More specifically, I want to direct the Board’s attention to
R.I. G .L. § 1 7-14-1 (9) and R.I. G .L. § 17-14-1.1 which both require a candidate to certify that
he or she “has not been a member of a political party other than the declared party within ninety
(90) days” of either the filing date 1 or the declaration of candidacy2
In its initial filing, the Petitioners challenge the eligibility of Mr. Robert J. Healey (“Mr.
Healey”) as an eligible nominee/candidate of the Moderate Party for the office of governor. S~~
P~JilL<m, Issue 4 at pg. 6. In addition to the arguments raised in the initial filing, Petitioners
submit that Mr. Healey is also ineligible by the less restrictive statutory scheme enunciated in
R.I.G.L. § 17-14-1(9) and R.I.G.L. § 17-14-1.1. Rhode Island law requires Mr. Healey to be
affiliated with the Moderate Party ninety (90) days prior to the June 23 to June 25 declaration
period in order to run under that party label. In the alternative, should this Board determine that
look-back period is ninety (90) days prior to the appointment date (September 11, 2014), Mr.
Healey would still be disqualified as he was not declared as a member of the Moderate Party on
or about June 12, 2014. Upon information and belief, Mr. Healey did not become affiliated with
the Moderate Party until September 11, 2014 and therefore he is ineligible to serve as a
nomine/candidate for governor under the Moderate Party as a matter of law.