Hawaii-2015-HB878-Introduced

SECTION 1. The legislature recognizes that the terrorist attacks of September 11, 2001, continue to have repercussions today. Thousands of military service members are still being deployed to volatile areas of the world, many of whom have already completed one tour of duty. In the ten years since the September 11 terrorist attacks, millions of American troops have been ordered overseas and thousands of soldiers from the Schofield Barracks-based 25^th infantry division have been deployed to Iraq and Afghanistan.

In addition, thousands of Hawaii national guard members and Army reservists based in Hawaii have been activated, the effects of which are substantial. Although national guardsmen and reservists recognize their duty and serve their nation willingly, the disruption to their personal and professional lives cannot be denied. Individuals from all walks of life--from college students and engineers to physicians and public servants--are plucked from their daily routines and sent overseas into hostile conditions.

As a beneficiary of their courageous and dedicated service, the State bears a special responsibility to its citizen-soldiers in the reserves and national guard. In particular, active-duty reservists and national guardsmen who wish to run for elected office should be allowed to file nomination papers and take their oaths by mail.

The purpose of this Act is to alleviate the burden of requiring these citizen-soldiers who choose to be candidates for elected office to file nomination papers and take their oaths in person.

SECTION 2. Section 12-3, Hawaii Revised Statutes, is amended to read as follows:

"§12-3 Nomination paper; format; limitations. (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 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 releasing the form to the candidate;

(5) Space for the name, signature, date of birth, last four digits of the social security number, and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that no more than the last four digits of a voter's social security number shall 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.

(b) Signatures of registered voters shall not be counted, unless they are upon the nomination paper having the format set forth above, written or printed thereon, and if there are separate sheets to be attached to the nomination paper, the sheets shall have the name of the candidate, the candidate's party affiliation or nonpartisanship, and the office and district for which the candidate is running placed thereon by the chief election officer or the clerk. The nomination paper and separate sheets shall be provided by the chief election officer or the clerk.

(c) Nomination papers shall not be filed in behalf of any person for more than one party or for more than one office; nor shall any person file nomination papers both as a party candidate and as a nonpartisan candidate.

(d) The office and district for which the candidate is running, the candidate's name, and the candidate's party affiliation or nonpartisanship may not be changed from that indicated on the nomination paper and separate sheets. If the candidate wishes to run for an office or district different from that for which the nomination paper states or under a different party affiliation or nonpartisanship, the candidate may request the appropriate nomination paper from the chief election officer or clerk and have it signed by the required number of registered voters.

(e) Nomination papers that contain alterations or changes made by anyone other than the chief election officer or the clerk to the candidate's information, the candidate's party affiliation or nonpartisanship, the office to which the candidate seeks nomination, or the oath of loyalty or affirmation, after the nomination paper was issued by the chief election officer or clerk, shall be void and will not be accepted for filing by the chief election officer or clerk.

(f) Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void.

(g) Members of the reserves or national guard called to active service shall be permitted to fulfill the requirements of this section by registered or certified mail, return receipt requested."

SECTION 3. Section 12-6, Hawaii Revised Statutes, is amended to read as follows:

"§12-6 Nomination papers: time for filing; fees. (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, or clerk in case of county offices, not later than 4:30 p.m. on the first Tuesday in June. However, in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that is issued calling for the election as provided for by state law or county charter. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate's declaration of candidacy without delay.

(b) If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall accept nomination papers for that office until 4:30 p.m. on the tenth day after the original close of filing.

[[](c)[]] There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election [~~which~~] that shall be paid into the treasury of the State, or county, as the case may be, as a realization:

(1) For United States senators and United States representatives--$75;

(2) For governor and lieutenant governor--$750;

(3) For mayor--$500; and

(4) For all other offices--$250.

[[](d)[]] Upon the receipt by the chief election officer or the clerk of the nomination paper of a candidate, the day, hour, and minute when it was received shall be endorsed thereon.

(e) Upon the showing of a certified copy of an affidavit [~~which~~] that has been filed with the campaign spending commission pursuant to section 11-423 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts:

(1) For the office of governor and lieutenant governor--$675;

(2) For the office of mayor--$450; and

(3) For all other offices--$225.

[[](f)[]] The chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent and who has filed a petition signed by currently registered voters who constitute at least one-half of one per cent of the total voters registered at the last preceding general election in the respective district or districts [~~which~~] that correspond to the specific office for which the indigent person is a candidate. This petition shall be submitted on the form prescribed and provided by the chief election officer together with the nomination paper required by this chapter.

(g) Members of the reserves or national guard called to active service shall be permitted to fulfill the requirements of this section by registered or certified mail, return receipt requested."

SECTION 4. Section 12-7, Hawaii Revised Statutes, is amended to read as follows:

"§12-7 Filing of oath. (a) The name of no candidate for any office shall be printed upon any official ballot, in any election, unless the candidate shall have taken and subscribed to the following written oath or affirmation, and filed the oath with the candidate's nomination papers.

The written oath or affirmation shall be in the following form:

"I,..............., do solemnly swear and declare, on oath that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will faithfully discharge my duties as.....(name of office)...............to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; So help me God."

Upon being satisfied as to the sincerity of any person claiming that the person is unwilling to take the above prescribed oath only because the person is unwilling to be sworn, the person may be permitted, in lieu of the oath, to make the person's solemn affirmation which shall be in the same form as the oath except that the words "sincerely and truly affirm" shall be substituted for the word "swear" and the phrases "on oath" and "So help me God" shall be omitted. [~~Such~~] The affirmation shall be of the same force and effect as the prescribed oath.

The oath or affirmation shall be subscribed before the officer administering the same, who shall endorse thereon the fact that the oath was subscribed and sworn to or the affirmation was made together with the date thereof and affix the seal of the officer's office or of the court of which the officer is a judge or clerk.

It shall be the duty of every notary public or other public officer by law authorized to administer oaths to administer the oath or affirmation prescribed by this section and to furnish the required endorsement and authentication.

(b) Members of the reserves or national guard called to active service shall be permitted to fulfill the requirements of this section by registered or certified mail, return receipt requested."

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; provided that section 3 shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	878
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII