Bill Text: HI SB421 | 2021 | Regular Session | Amended
Bill Title: Relating To Vacancies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-04-21 - Conference committee meeting to reconvene on 04-22-21 3:00PM; CR 325. [SB421 Detail]
Download: Hawaii-2021-SB421-Amended.html
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THE SENATE |
S.B. NO. |
421 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VACANCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 17-3, Hawaii Revised Statutes, is amended to read as follows:
"§
(1) The governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be at the time of appointment, and for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy; and
(2) If the prior incumbent was not a member of any political party, the governor shall, within sixty calendar days following the first day of vacancy, appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and who is not, and has not been for at least six months prior to the appointment, a member of any political party.
(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:
(1) If it occurs [not]
no later than on the tenth day prior to the close of filing for the next
succeeding primary election, as specified in section 12-6, the vacancy shall be
filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a
proclamation designating the election for filling the vacancy. Notwithstanding any law to the contrary, all candidates for the
unexpired term shall file nomination papers no later than the date and time
specified in section 12-6 for the next succeeding primary election. All candidates for the unexpired term
shall be nominated and elected in accordance with this title. Pending the election, the governor shall make
a temporary appointment to fill the vacancy, and the person so appointed shall
serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from
a list of three prospective appointees submitted by the same political party as
the prior incumbent. The appointee shall
be, at the time of the appointment, and shall have been, for at least six months
immediately prior to the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was
not a member of any political party, the governor shall appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party;
[(2) If it occurs
later than on the tenth day prior to the close of filing for the next succeeding
primary election but not later than on the sixtieth day prior to the next
succeeding primary election, or if there are no qualified candidates for any
party or nonpartisan candidates qualified for the primary election ballot,
nominations for the unexpired term may be filed not later than 4:30 p.m. on the
fiftieth day prior to the next succeeding primary election. The chief election officer shall issue a
proclamation designating the election for filling the vacancy. Pending the election the governor shall make
a temporary appointment to fill the vacancy and the person appointed shall
serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from
a list of three prospective appointees submitted by the same political party as
the prior incumbent. The appointee shall
be, at the time of the appointment, and shall have been, for at least six
months immediately prior to the appointment, a member of the political
party. The appointee shall, at the time
of appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was
not a member of any political party, the governor shall appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party;
(3)] (2) If it occurs [after the sixtieth day prior
to the next succeeding primary] later than on the tenth day prior to the close of filing for the
next succeeding primary election, as specified in section 12-6, but [not]
no later than on the [fiftieth] ninety-fifth day prior to
the next succeeding general election, or if there are no qualified candidates
for any party or nonpartisan candidates in the primary, the vacancy shall be
filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a
proclamation designating the election for filling the vacancy. Party candidates for the unexpired senate
term shall be nominated by the county committees of the parties [not].
Each candidate shall fill out an
application for nomination papers, sign the proper certification on the
nomination papers, and take either an oath or affirmation as provided by law. The chief election officer shall be notified
of the nominations, and the nomination papers of the candidates shall be filed
no later
than 4:30 p.m. on the [fortieth] seventy-fifth day prior to the
general election[; nonpartisan]. Nonpartisan candidates may file
nomination papers for the unexpired term [not] no later than 4:30
p.m. on the [fortieth] seventy-fifth day prior to the general
election with the nonpartisan candidate who is to be nominated to be decided by
lot, under the supervision of the chief election officer. The candidates for the unexpired term shall
be elected in accordance with this title.
Any
objection to the nomination paper of the candidate nominated by a political
party or the nonpartisan candidate decided by lot shall be filed in writing no
later than 4:30 p.m. on the sixtieth day or the next earliest working day prior
to the general election and decided in conformance with section 12-8. Pending the election, the governor shall
make a temporary appointment to fill the vacancy, and the person appointed
shall serve until the election of the person duly elected to fill the
vacancy. The governor shall make the
appointment from a list of three prospective appointees submitted by the same
political party as the prior incumbent.
The appointee shall be, at the time of the appointment, and shall have
been, for at least six months immediately prior to the appointment, a member of
the political party. The appointee
shall, at the time of appointment, be a resident of the same senate district as
the prior incumbent. If the prior
incumbent was not a member of any political party, the governor shall appoint a
person who is at the time of appointment a resident of the same senate district
as the prior incumbent and is not and has not been, for at least six months
immediately prior to the appointment, a member of any political party;
[(4)] (3) If it occurs after the [fiftieth] ninety-fifth
day prior to the next succeeding general election or if no candidates are nominated,
the governor shall make an appointment to fill the vacancy for the unexpired
term by selecting a person from a list of three prospective appointees
submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the
appointment, and shall have been, for at least six months immediately prior to
the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of
any political party, the governor shall appoint a person who is at the time of
appointment a resident of the same senate district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the appointment,
a member of any political party."
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.
Report Title:
Office of Elections Package; Vacancies; State Senator
Description:
Amends the manner in which a vacancy in the membership of the State Senate is filled and certain time frames relevant thereto. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
