Bill Text: HI SB1204 | 2012 | Regular Session | Introduced
Bill Title: Elections; Nomination Papers; Challenge
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1204 Detail]
Download: Hawaii-2012-SB1204-Introduced.html
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THE SENATE |
S.B. NO. |
1204 |
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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 DISQUALIFICATION OF CANDIDATES FOR ELECTION TO PUBLIC OFFICE PURSUANT TO OBJECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 12-8, Hawaii Revised Statutes, is amended to read as follows:
"§12-8 Nomination papers; challenge;
evidentiary hearings and decisions. (a) All nomination papers filed in
conformity with section 12-3 shall be deemed valid unless objection is made
thereto by a registered voter, [an officer] the chairperson of a
political party whose name is on file with the chief election officer, the
chief election officer, or the county clerk in the case of a county office. Within twenty-four hours after the close of filing
pursuant to section 12-6, the chief election officer, or the county clerk in
the case of a county office, shall publish on their respective websites a list
of all candidates who have filed nomination papers. All objections shall
be filed in writing not later than 4:30 p.m. on the thirtieth day or the next
earliest working day prior to the primary or special election.
(b) If an objection is made by a registered voter, the candidate objected thereto shall be notified of the objection by the chief election officer or the clerk in the case of county offices by registered or certified mail.
(c) If an objection is [filed] made
by [an officer] the chairperson of [a] the
political party [with the circuit court,] under whose governing
documents the candidate claims to be an eligible candidate for public office,
the candidate objected thereto shall be notified of the objection by [an
officer] the chairperson of [the] that political party
by registered or certified mail[.], with a copy to be mailed to the
chief election officer or the clerk in the case of a county office. If the
objection is mailed to the candidate within seven business days after the close
of filing, the candidate shall be deemed ineligible to run as a candidate in the
primary election of that party, unless within fourteen days after the mailing
of the objection the party withdraws the objection. The withdrawal of the
election, if made, shall be by certified or registered mail to the candidate
with a copy mailed to the chief election officer or the clerk in the case of a
county office. An objection shall not be subject to judicial review or review
by an election officer. A candidate may, but need not, run as an independent
candidate if the objection is not withdrawn.
(d) Except for objections by [an officer]
the chairperson of a political party [filed directly with the circuit
court,] pursuant to subsection (c), the chief election officer or
the clerk in the case of county offices shall have the necessary powers and
authority to reach a preliminary decision on the merits of the objection;
provided that nothing in this subsection shall be construed to extend to the
candidate a right to an administrative contested case hearing as defined in
section 91-1(5). The chief election officer or the clerk in the case of county
offices shall render a preliminary decision not later than five working days
after the objection is filed.
(e) If the chief election officer or clerk in the case of county offices determines that the objection may warrant the disqualification of the candidate, the chief election officer or clerk, as appropriate, shall file a complaint in the circuit court for a determination of the objection; provided that such complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the seventh working day after the objection was filed.
[(f) If a political party objects to the
nomination paper filed by a candidate because the candidate is not a member of
the party pursuant to the party's rules filed in conformance with section
11-63, an officer of the party whose name appears on file with the chief
election officer shall file a complaint in the circuit court for a prompt
determination of the objection; provided that the complaint shall be filed with
the clerk of the circuit court not later than 4:30 p.m. on the thirtieth
working day or the next earliest working day prior to that election day.
(g)] (f) If [an officer of a
political party whose name appears on file with the chief election officer,]
the chief election officer[,] or clerk in the case of county offices
files a complaint in the circuit court, the circuit court clerk shall issue to
the defendants named in the complaint a summons to appear before the court not
later than 4:30 p.m. on the fifth day after service thereof.
[(h)] (g) The circuit court
shall hear the complaint in a summary manner and at the hearing the court shall
cause the evidence to be reduced to writing and shall not later than 4:30 p.m.
on the fourth day after the return give judgment fully stating all findings of
fact and of law. The judgment shall decide the objection presented in the
complaint, and a certified copy of the judgment shall forthwith be served on
the chief election officer or the clerk, as the case may be.
[(i)] (h) If the judgment
disqualifies the candidate, the chief election officer or the clerk shall
follow the procedures set forth in sections 11-117 and 11-118 regarding the
disqualifications of candidates."
SECTION 2. The chief election officer shall take all actions necessary and proper to ensure that the provisions of this Act shall be implemented in the 2012 election cycle.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Nomination Papers; Challenge
Description:
Clarifies that the chairperson of a political party, and not an officer of the party, may make an objection to the validity of nomination papers; requires publication on state or county websites of a list of all candidates within twenty-four hours of the close of the filing deadline; establishes requirements for notice to the candidate of objections and any withdrawal of objections; deletes requirement for a political party to file a complaint in circuit court for prompt determination of the objection.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
