Bill Text: HI SB1214 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 1214 (Prior Session Legislation)

Introduced

Bill Title: Elections; Nomination Papers; Filing; Withdrawal

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1214 Detail]

Download: Hawaii-2010-SB1214-Introduced.html

Report Title:

Elections; Nomination Papers; Filing; Withdrawal

Description:

Specifies that candidates shall give written notice of withdrawal. Clarifies withdrawal is effective upon receipt of written notice. Requires incumbents to file nomination papers 3 days earlier than other candidates. Provides that where a candidate files nomination papers for more than one office, all previously filed papers are automatically withdrawn effective as of the time of filing the subsequent nomination papers.

THE SENATE	S.B. NO.	1214
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

SECTION 1. Section 11-117, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any candidate may withdraw not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the twentieth day prior to an election for reasons of ill health. [~~When a candidate withdraws for ill health, the~~] The candidate shall give the notice of withdrawal in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office. The notice shall be effective upon receipt by the chief election office or the county clerk, as appropriate. When a candidate withdraws for ill health, the notice of withdrawal shall be accompanied by a statement from a licensed physician indicating that such ill health may endanger the candidate's life."

SECTION 2. Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(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[.]; provided that if nomination papers are filed on behalf of a person for more than one office, all previously filed nomination papers shall be deemed automatically withdrawn, and the withdrawal shall be effective at the time the subsequent nomination papers are filed."

SECTION 3. Section 12-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Nomination papers shall be filed as follows:

(1) For members of Congress, state, and county offices, 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 sixtieth calendar day prior to the primary, special primary, or special election provided that if such day is a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first working day immediately preceding[.]; provided that candidates who are incumbents shall file nomination papers on the fifty-seventh calendar day prior to the primary, special primary, or special election provided that if such day is a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first working day immediately preceding. 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. However, if a special primary or special election is to be held by a county and the county charter requires that the council shall issue a proclamation calling for the election to be held within a specified period of time, and if that requirement would not allow the filing of nomination papers with the appropriate office by the sixtieth calendar day prior to the day for holding the special primary or special election, the council shall establish the deadline for the filing of nomination papers in the proclamation calling for the election; and

(2) For the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, not later than 4:30 p.m. on the sixtieth calendar day prior to the primary election referred to in paragraph (1); provided that if that day is a Saturday, Sunday, or holiday, then not later than 4:30 p.m. on the first working day immediately preceding."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.