Bill Text: HI HB936 | 2012 | Regular Session | Introduced
Bill Title: County Elected Office; Residency Requirement
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB936 Detail]
Download: Hawaii-2012-HB936-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
936 |
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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. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§11- Elected county officials; residency requirement. (a) Notwithstanding any other law to the contrary, any person who is a candidate for an elected county office that represents a specific county council district shall have been a resident of the county council district from which the person is to be elected or appointed for at least one year immediately preceding the general or special election or appointment.
(b) Upon filing nomination papers, the candidate shall furnish three forms of proof of district residency. Acceptable forms of proof of district residency include electric bills and proof of mail delivery to the candidate's home address.
(c) Any official who receives a candidate's nomination papers shall make an initial determination as to whether the candidate has met the requirements of this section. A person aggrieved by the official's determination and who is and continues to be in compliance with the requirements of this section 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.
(d) For purposes of this section, residency shall be determined pursuant to section 11-13."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
County Elected Office; Residency Requirement
Description:
Requires any candidate for an elected county office which represents a specific county council district to be a resident of that county council district for one year prior to the general or special election or appointment. Authorizes the official who receives the nomination papers to determine whether the requirements of this section are met. Provides for 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.
