Bill Text: HI HB1686 | 2018 | Regular Session | Introduced
Bill Title: Relating To Vacancies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-17 - Referred to JUD, referral sheet 3 [HB1686 Detail]
Download: Hawaii-2018-HB1686-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1686 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to vacancies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 17-3, Hawaii Revised Statutes, is amended to read as follows:
"§17-3 State senator. (a) Whenever any vacancy in the membership of the state senate occurs, the term of which ends at the next succeeding general election:
(1) The governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be at the time of appointment, and for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy; and
(2) If the prior incumbent was not a member of any political party, the governor shall, within sixty calendar days following the first day of vacancy, appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and who is not, and has not been for at least six months prior to the appointment, a member of any political party.
(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:
(1) If it occurs not later than on the tenth day prior to the close of filing for the next succeeding primary election, as specified in section 12-6, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Notwithstanding any law to the contrary, all candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12-6 for the next succeeding primary election. All candidates for the unexpired term shall be nominated and elected in accordance with this title. Pending the election, the governor shall make a temporary appointment to fill the vacancy, and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;
(2) If it occurs later than on the tenth day prior to
the close of filing for the next succeeding primary election but not later than
[on the sixtieth day prior to] the close of filing for the next
succeeding primary election, or if there are no qualified candidates for any
party or nonpartisan candidates qualified for the primary election ballot, notwithstanding
any law to the contrary, nominations for the unexpired term may be filed
not later than 4:30 p.m. on the [fiftieth day prior to the next succeeding
primary election.] tenth day after the vacancy occurred, but if the day
is a Saturday, Sunday, or holiday, then at 4:30 p.m. on the first working day
immediately thereafter. The chief election officer shall issue a
proclamation designating the election for filling the vacancy. Pending the
election the governor shall make a temporary appointment to fill the vacancy
and the person appointed shall serve until the election of the person duly
elected to fill the vacancy. The governor shall make the appointment from a
list of three prospective appointees submitted by the same political party as
the prior incumbent. The appointee shall be, at the time of the appointment,
and shall have been, for at least six months immediately prior to the
appointment, a member of the political party. The appointee shall, at the time
of appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was not a member of any political party, the
governor shall appoint a person who is at the time of appointment a resident of
the same senate district as the prior incumbent and is not and has not been,
for at least six months immediately prior to the appointment, a member of any
political party;
(3) If it occurs after the [sixtieth day prior to]
date specified in section 12-6 for the close of filing nomination papers for
the next succeeding primary but not later than on the [fiftieth] ninety-fifth
day prior to the next succeeding general election, or if there are no qualified
candidates for any party or nonpartisan candidates in the primary, the vacancy
shall be filled for the unexpired term at the next succeeding general
election. The chief election officer shall issue a proclamation designating
the election for filling the vacancy. Party candidates for the unexpired
senate term shall be nominated by the county committees of the parties and
the county committees of the parties shall notify the chief election officer
not later than 4:30 p.m. on the [fortieth] seventy-fifth day
prior to the general election; provided that each nominated candidate fills
out an application for nomination papers and signs the proper certification on
the nomination paper and takes either an oath or affirmation as provided by
law; nonpartisan candidates may file nomination papers for the unexpired
term not later than 4:30 p.m. on the [fortieth] seventy-fifth day
prior to the general election with the nonpartisan candidate who is to be
nominated to be decided by lot, under the supervision of the chief election
officer. The candidates for the unexpired term shall be elected in accordance
with this title. Pending the election, the governor shall make a temporary
appointment to fill the vacancy, and the person appointed shall serve until the
election of the person duly elected to fill the vacancy. The governor shall
make the appointment from a list of three prospective appointees submitted by
the same political party as the prior incumbent. The appointee shall be, at
the time of the appointment, and shall have been, for at least six months
immediately prior to the appointment, a member of the political party. The
appointee shall, at the time of appointment, be a resident of the same senate
district as the prior incumbent. If the prior incumbent was not a member of
any political party, the governor shall appoint a person who is at the time of
appointment a resident of the same senate district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party;
(4) If it occurs after the [fiftieth] ninety-fifth
day prior to the next succeeding general election or if no candidates are
nominated, the governor shall make an appointment to fill the vacancy for the
unexpired term by selecting a person from a list of three prospective
appointees submitted by the same political party as the prior incumbent. The
appointee shall be, at the time of the appointment, and shall have been, for at
least six months immediately prior to the appointment, a member of the
political party. The appointee shall, at the time of appointment, be a resident
of the same senate district as the prior incumbent. If the prior incumbent was
not a member of any political party, the governor shall appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Office of Elections Package; State Senate; Vacancy
Description:
Amends the deadlines for filing nomination papers, nominations, and notification to the chief election officer with respect to a vacancy in the state senate.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
