Bill Text: HI HB935 | 2011 | Regular Session | Introduced
Bill Title: Elected Office; Proof of Residency
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-26 - (H) Referred to JUD, FIN, referral sheet 2 [HB935 Detail]
Download: Hawaii-2011-HB935-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
935 |
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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 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 in 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;],
including that the candidate meets the residency requirements of article III,
section 6, of the Constitution of the State of Hawaii, together with three
forms of proof of residency, such as utility bills and proof of mail delivery
to the address identified in paragraph (3), deemed sufficient by the chief
election officer pursuant to rules adopted pursuant to chapter 91 to establish
compliance with the residency requirements;
(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;
(8) 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 Constitution of the State of Hawaii;
(9) 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]
(10) The name the candidate wishes printed on the
ballot and the mailing address of the candidate[.]; and
(11) A sworn certification by self-subscribing oath by the candidate 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.
(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 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.
(g) Upon receipt of the nomination papers, the chief election officer shall make an initial determination as to whether the candidate has met any durational residency requirements. A person aggrieved by the determination and who is and continues to be in compliance with any applicable durational residency requirements may petition the circuit court for an expedited review of the determination after service of a certified copy of the determination. The review by the court shall be confined to the administrative record. The court shall, upon request by any party, hear oral arguments and receive written briefs. Discovery shall not be permitted. The court shall affirm the determination or, if it finds that the determination is arbitrary and capricious, it shall reverse or modify the determination."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval; provided that section 1 shall take effect upon the enactment of House Bill No. which authorizes the legislature to require a candidate to state elected office to prove compliance with durational residency requirements.
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INTRODUCED BY: |
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Report Title:
Elected Office; Proof of Residency
Description:
Requires any candidate for an elected state office to provide proof of residency. Requires the chief election officer to make an initial determination as to whether applicable durational residency requirements have been met, subject to expedited court review.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
