Bill Text: HI HB1294 | 2023 | Regular Session | Amended

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Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2023-06-23 - Act 117, 06/23/2023 (Gov. Msg. No. 1218). [HB1294 Detail]

Download: Hawaii-2023-HB1294-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1294
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§11-    Legal name of candidates.  Notwithstanding any other law to the contrary, every candidate for public office in the State shall use their legal name for all election purposes."

     SECTION 2.  Section 11-112, Hawaii Revised Statutes, is amended to read as follows:

     "§11-112  Contents of ballot.  (a)  The ballot shall contain the legal names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they are running, and the district in which the election is being held.  In multimember races, the ballot shall state that the voter shall not vote for more than the number of seats available or the number of candidates listed where the number of candidates is fewer than the number of seats available.

     (b)  The ballot may include questions concerning proposed state constitutional amendments, proposed county charter amendments, or proposed initiative or referendum issues.

     (c)  At the chief election officer's discretion, the ballot may have a background design imprinted onto it.

     (d)  When the electronic voting system is used, the ballot may have pre-punched codes and printed information that identify the voting districts, precincts, and ballot sets to facilitate the electronic data processing of these ballots.

     [(e)  The name of the candidate may be printed with the Hawaiian or English equivalent or nickname, if the candidate so requests in writing at the time the candidate's nomination papers are filed.  Candidates' names, including the Hawaiian or English equivalent or nickname, shall be set on one line.

     (f)] (e)  The ballot shall bear no word, motto, device, sign, or symbol other than as allowed in this title.

     [(g)] (f)  The ballot may include information necessary to use ranked-choice voting as described in section 11-100."

     SECTION 3.  Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed on the candidate's behalf and in the candidate's legal name [by which the candidate is commonly known].  The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:

     (1)  A statement by the registered voters signing the form that they are eligible to vote for the candidate;

     (2)  A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;

     (3)  The residence address and county in which the candidate resides;

     (4)  The legal name of the candidate, [the name by which the candidate is commonly known, if different,] the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk [prior to] before releasing the form to the candidate;

     (5)  Space for the name, signature, month and date portions of the date of birth, and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that a voter's social security number or any portion thereof and the year portion of the voter's date of birth shall not be required;

     (6)  A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;

     (7)  A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;

     (8)  For candidates seeking elective county office, a sworn certification by self-subscribing oath by the candidate that the candidate has complied with the relevant provisions of the applicable county charter and county ordinances pertaining to elected officials;

     (9)  A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Hawaii State Constitution;

    (10)  A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and

    (11)  The [name the candidate wishes to be printed on the ballot and the] mailing address of the candidate."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on March 22, 2075.

 

 

Report Title:

Elections; Candidates; Legal Name

 

Description:

Requires every candidate for public office in Hawaii to use their legal name for election purposes.  Takes effect 3/22/2075. (SD1)

 

 

 

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