Rhode Island constitutional conventions past have taken on many shapes and sizes, from the 1973 convening that lasted a month to the 1964 affair that lasted four years.
If voters in November say yes to holding another convention to recommend changes to the state's founding document, it will be up to state lawmakers to decide key questions about how a convention would be put together, how long it would last and who could serve.
All those variables will play a big role in determining how much it will cost, a question discussed Wednesday by members of a Question 1 preparatory commission, the secretary of state's office, Board of Elections and General Assembly staff.
If voters in November vote "no" on Question 1, all the questions will be moot, and the debate about a constitutional convention will go away until 2034.
If they vote "yes," constitutional convention organizing and campaigning will begin immediately.
How much would a constitutional convention cost?
At minimum, a convention is estimated to cost $1.3 million, the cost of holding a special election for 75 delegate seats (one for every state House district), according to Deputy Secretary of State Rob Rock. The estimate, based on extrapolated costs of elections in Cranston, assumes a turnout of 15% to 20%.
Of that total special election cost, $430,000 would be spent by the secretary of state's office, $90,000 by the Board of Elections and the rest by local cities and towns.
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But that sticker price assumes a single general election vote, probably sometime next year, to elect all the delegates. If the General Assembly opts to make the delegate elections partisan and hold primaries first, the cost would likely double.
And that's just for the election of delegates. The cost of running the convention itself would probably be more than that, but it varies widely, depending on a number of things, including how long it lasts.
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Among the challenges of predicting what a new Rhode Island constitutional convention would look like: The 1986 convention was not only the last one held in the state, but the last of its kind held in the nation, according to commission testimony.
Bottom line: The all-in cost of a convention would likely range from $2.6 million to $4.7 million, according to Joseph Rodgers III, a lawyer working for the General Assembly's Joint Committee on Legislative Services.
Would the delegates be paid?
Potentially. The General Assembly would decide.
Where would the convention happen?
The General Assembly could name a location or leave it for convention delegates to decide. In 1986 they met at the State House and the Garrahy Judicial Complex in Providence, but the latter building is an unlikely option in the 2020s.
In 1964 legislation required the convention to meet at the Veterans Memorial Auditorium in Providence, the same place the House of Representatives met in 2021 to permit social distancing during the COVID pandemic.
The location would play into the cost, especially if the convention decided it needed to lease some office space. (Unlike this week's Democratic National Convention, the constitutional convention estimates do not assume the need for a DJ.)
Could General Assembly members run to be convention delegates?
In 1964 and 1973, lawmakers were delegates in the conventions, but not in 1986.
In 1964 and 1973, delegates also were elected in partisan elections with primaries, but not in 1986.
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The "separation of powers" amendment to the state constitution in 2004 prevented lawmakers from sitting on executive branch boards, and it may prevent them from being convention delegates, but there is no Supreme Court precedent.
The prohibition on holding two elected offices in the state at once may also prevent it, Preparatory Commission chairman Robert Craven said.
"If you are going to have lawmakers as delegates, why even have a convention?" Commissioner Joe Larissa Jr. asked Wednesday.
When would the election happen?
The cost estimate assumes − pending approval of Question 1 in November − that delegates would be elected next year. But that is not set in stone, and the General Assembly would set the calendar, including what time next year.
After a convention is held, voters would have to approve any constitutional amendment it proposes. Presumably, that would happen in 2026, but, again, the Assembly decides.
Outside of a prohibition on sitting elected officials running, the same rules governing who could run for Assembly would apply to delegate elections.
Once the convention convenes, the delegates would choose a chairman and presiding officers in the same manner that the House chooses a speaker.
How long would a convention last?
That depends on what the delegates decide to work on and what limits the Assembly places on them.
After the four-year convention in the 1960s, the 1973 convention was given a strict one-month limit, according to Rodgers' memo to the commission.
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The 1986 convention was expected to last the first half of the year. It had 18 full-time employees, and "by mid-April the convention was already running low on funds and was forced to lay off staff, some of whom filed complaints with the state Department of Labor and Training alleging that they were not paid for the hours that they had worked," Rodgers' report said.
Will campaign finance laws apply?
Yes.
There would be no limit on campaign spending for or against Question 1 or any constitutional questions it spawns. And organizations spending to influence the vote would not have to pre-register as if they were a candidate.
However, all spending on the referendum of $1,000 or more would need to be reported to the Board of Elections and the source of donors disclosed.
Candidates for delegate would be subject to campaign finance provisions, just like Assembly candidates.
This article originally appeared on The Providence Journal: Many variables at play in cost of a RI constitutional convention. How it might work.
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