HOUSE OF REPRESENTATIVES	H.B. NO.	411
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 4, OF THE CONSTITUTION OF THE STATE OF HAWAII TO AMEND PROCEDURES TO ELECT LEGISLATORS.

 

 

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

 

     SECTION 1.  The legislature finds that California and Washington have successfully implemented an "open primary top two" process.  Under this process, any candidate who receives a majority of votes in a primary election is deemed elected to the seat at the primary election.  If no candidate receives a majority in a primary election, this process allows the two candidates who receive the highest number of votes in a primary election to advance to the general election, regardless of the political party affiliations of those candidates.  The legislature notes that this process allows all voters to vote for their preferred candidates, across political party lines.  This gives voters greater freedom in choosing candidates and provides all political candidates with an equal opportunity of advancing to a general election.

     Accordingly, the purpose of this Act is to propose amendments to the Constitution of the State of Hawaii to provide that in an election for a legislative seat, the two candidates who receive the highest number of votes, regardless of political party, shall be the only two candidates to advance to a general election; provided that if any candidate receives a simple majority of votes, the candidate shall be deemed elected to that seat at the primary election.

     SECTION 2.  Article III, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"ELECTION OF MEMBERS; TERM

     Section 4.  Each member of the legislature shall be elected at an election.  If [more than one candidate has been nominated] there are two or more candidates for election to a seat in the legislature, [the member occupying that seat] there shall be [elected at] a [general] primary election[.] for that seat.  If no candidate receives a majority of the votes cast for that seat in a primary election, the two candidates who receive the highest number of votes in the primary election, regardless of political party affiliation, shall be the only candidates for that seat to advance to the general election, in which the candidate receiving the highest number of votes cast for that seat shall be elected to the seat.  If any candidate receives a simple majority of the votes cast for a seat in the primary election, that candidate shall be deemed elected to that seat.  If a candidate [nominated] for a seat [at a primary election] in the legislature is unopposed for that seat [at the general election], the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years and the term of office of a member of the senate shall be four years.  The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the term shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

     "Shall the Hawaii State Constitution be amended to provide that in an election for a legislative seat, the two candidates who receive the highest number of votes in a primary election, regardless of political party, shall be the only two candidates to advance to a general election; provided that if any candidate receives a simple majority of votes, the candidate shall be deemed elected to that seat at the primary election?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

State Constitution; Amendments; Primary Elections; Candidates

 

Description:

Provides that in a primary election for a legislative seat, the 2 candidates who receive the highest number of votes, regardless of political party, shall be the only two candidates to advance to a general election; provided that when a candidate receives a majority of votes in a primary election, the candidate shall be deemed elected to that seat at the primary election.

 

 

 

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