Bill Text: HI HB1368 | 2011 | Regular Session | Introduced
Bill Title: Election; Candidate; Party Candidate
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-06-23 - (S) Act 159, 6/23/2011 (Gov. Msg. No. 1262). [HB1368 Detail]
Download: Hawaii-2011-HB1368-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1368 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-117, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any candidate may withdraw not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the twentieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office. The notice shall be accompanied by a statement from a licensed physician or physician assistant indicating that such ill health may endanger the candidate's life.
Any person who withdraws their nomination papers prior to the close of filing shall not be considered to have caused a vacancy that may be filled by a party under section 11-118."
SECTION 2. Section 11-118, Hawaii Revised Statutes, is amended to read as follows:
"§11-118 Vacancies; new candidates;
insertion of names on ballots. (a) In case of death, withdrawal, or
disqualification of any party candidate [after filing], the vacancy so
caused may be filled by the party. The party shall be notified by the chief
election officer or the clerk in the case of a county office immediately after
the death, withdrawal, or disqualification.
(b) If the party fills the vacancy, and so notifies the chief election officer or clerk not later than 4:30 p.m. on the third day after the vacancy occurs, but not later than 4:30 p.m. on the fiftieth day prior to a primary or special primary election or not later than 4:30 p.m. on the fortieth day prior to a special, general, or special general election, the name of the replacement shall be printed in an available and appropriate place on the ballot, not necessarily in alphabetical order; provided that the replacement candidate fills out an application for nomination papers and signs the proper certifications on the nomination paper and takes either an oath or affirmation as provided by law. If the party fails to fill the vacancy pursuant to this subsection, no candidate's name shall be printed on the ballot for the party for that race.
(c) If the ballots have been printed and it is not reasonably possible to insert an alternate's name, the chief election officer shall issue a proclamation informing the public that the votes cast for the vacating candidate shall be counted and the results interpreted as follows:
(1) In a primary or special primary election:
(A) In partisan races, if, but for candidate's
vacancy, the vacating candidate would have been nominated pursuant to section
12-41(a), a vacancy shall exist in the party's nomination, to be filled in
accordance with subsection (b)[.]; and
(B) In nonpartisan races, if, but for the
candidate's vacancy, the vacating candidate would have qualified as a candidate
for the general or special general election ballot pursuant to section
12-41(b), the nonpartisan candidate who received the next highest number of
votes shall be placed on the ballot provided that the candidate also meets the
requirements of section 12-41(b)[.];
(2) In a special, general, or special general
election, if, but for the candidate's vacancy, the vacating candidate would
have been elected, a vacancy shall exist in the office for which the race in
question was being held, to be filled in the manner provided by law for
vacancies in office arising from the failure of an elected official to serve
the official's full term because of death, withdrawal, or removal[.];
and
(3) In any other case where, but for the candidate's vacancy, the vacating candidate would have been deemed elected, a vacancy shall exist in the office for which the candidate has filed, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official's full term in office because of death, withdrawal, or removal.
(d) The parties shall adopt rules to comply with this provision, and those rules shall be submitted to the chief election officer.
(e) The chief election officer or county clerk in county elections may waive any or all of the foregoing requirements in special circumstances as provided in the rules adopted by the chief election officer.
(f) For the purposes of this section, "party candidate" means the person or persons who would be the candidate of the party under section 12-41(a)."
SECTION 3. Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Nomination papers which are
incomplete and do not contain all of the certifications, signatures, and
requirements of this section shall be void [and will not be accepted for
filing by the chief election officer or clerk]."
SECTION 4. Section 12-8, Hawaii Revised Statutes, is amended by amending subsections (c), (d), (e), (f), (g), and (h) to read as follows:
"(c) If an objection is filed by an
officer of a political party with the [circuit] supreme court,
the candidate objected thereto shall be notified of the objection by an officer
of the political party by registered or certified mail.
(d) Except for objections by an officer of a
political party filed directly with the [circuit] supreme court,
the chief election officer or the clerk in the case of county offices shall
have the necessary powers and authority to reach a preliminary decision on the
merits of the objection; provided that nothing in this subsection shall be
construed to extend to the candidate a right to an administrative contested
case hearing as defined in section 91-1(5). The chief election officer or the
clerk in the case of county offices shall render a preliminary decision not
later than five working days after the objection is filed.
(e) If the chief election officer or clerk in
the case of county offices determines that the objection may warrant the
disqualification of the candidate, the chief election officer or clerk shall
file a complaint in the [circuit] supreme court for a final
determination of the objection; provided that such complaint shall be filed
with the clerk of the [circuit] supreme court not later than 4:30
p.m. on the seventh working day after the objection was filed.
(f) If a political party objects to the
nomination paper filed by a candidate because the candidate is not a member of
the party pursuant to the party's rules filed in conformance with section
11-63, an officer of the party whose name appears on file with the chief
election officer shall file a complaint in the [circuit] supreme
court for a prompt determination of the objection; provided that the complaint
shall be filed with the clerk of the [circuit] supreme court not
later than 4:30 p.m. on the thirtieth working day or the next earliest working
day prior to that election day.
(g) If an officer of a political party whose
name appears on file with the chief election officer, the chief election
officer, or clerk in the case of county offices files a complaint in the [circuit]
supreme court, the [circuit] supreme court clerk shall
issue to the defendants named in the complaint a summons to appear before the
court not later than 4:30 p.m. on the fifth day after service thereof.
(h) The [circuit] supreme court
shall hear the complaint in a summary manner and at the hearing the court shall
cause the evidence to be reduced to writing and shall not later than 4:30 p.m.
on the fourth day after the return give judgment fully stating all findings of
fact and conclusions of law. The judgment shall decide the objection presented
in the complaint, and a certified copy of the judgment shall forthwith be
served on the chief election officer or the clerk, as the case may be."
SECTION 5. Statutory material to be repealed
is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Election; Candidate; Party Candidate; Supreme Court
Description:
Defines a party candidate and modifies the withdrawal process for a party candidate. Clarifies the filing process of nomination papers, and grants the Supreme Court original jurisdiction to resolve challenges to an individual's candidacy.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
