Bill Text: HI HB54 | 2010 | Regular Session | Introduced
Bill Title: Elections; Candidate Filing and Withdrawal
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB54 Detail]
Download: Hawaii-2010-HB54-Introduced.html
Report Title:
Elections; Candidate Filing and Withdrawal
Description:
Clarifies candidate filing and withdrawal requirements in state and county elections. Clarifies that when a political party fills a vacancy, the party shall notify the appropriate election official no later than 3 business days after receiving notice of the vacancy from the election official.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
54 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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. The legislature finds that, in recent state and county elections, whether certain candidates had timely filed nomination papers or properly withdrawn as a candidate presented complex issues that were ultimately resolved by election officials. To avoid any appearance of impropriety by candidates or state or county election officials, this Act clarifies certain candidate filing and withdrawal requirements.
The purpose of this Act is to prevent confusion and uncertainty in the requirements for candidate filing and withdrawal in state and county elections by:
(1) Requiring written notice to the appropriate election official to effectively withdraw as a candidate;
(2) Clarifying the effective date of a candidate's withdrawal;
(3) Clarifying that a political party shall notify the chief election officer or clerk when filling a vacancy no later than the third day after the party has received notice from the chief election officer or clerk that a vacancy has occurred; and
(4) Eliminating last-minute candidate filing by shortening the time that nomination papers are available to candidates.
SECTION 2. Section 11-117, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:
"§11-117 Withdrawal of candidates; effective;
disqualification; death; written notice. (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 candidate shall give notice
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] A
candidate's withdrawal is effective at the time that the written notice is
submitted to the chief election officer or county clerk, as appropriate. An
oral notice of a candidate's intent to withdraw is insufficient to establish
the candidate's withdrawal. Where a candidate's withdrawal is based upon the
candidate's ill health, the notice shall be accompanied by a statement from
a licensed physician indicating that such ill health may endanger the
candidate's life."
SECTION 3. Section 11-118, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) If the party fills the vacancy, and
so notifies the chief election officer or clerk not later than 4:30 p.m. on the
third business day after the party has received notice of the vacancy
[occurs,] from the chief election officer or clerk, but not later
than 4:30 p.m. on the fiftieth day prior to a primary or special primary
election or not later than 4:30 p.m. on the fortieth day prior to a special,
general, or special general election, the name of the replacement shall be
printed in an available and appropriate place on the ballot, not necessarily in
alphabetical order; provided that the replacement candidate fills out an
application for nomination papers and signs the proper certifications on the
nomination paper and takes either an oath or affirmation as provided by law. If
the party fails to fill the vacancy pursuant to this subsection, no candidate's
name shall be printed on the ballot for the party for that race."
SECTION 4. Section 12-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§12-2.5 Nomination papers; when
available. Nomination papers shall be made available from the first
working day of February in every even-numbered year[; provided that in] until
seventy-two hours prior to the filing deadline. If the filing deadline day is
a Saturday, Sunday, or holiday, nomination papers shall be available until 4:30
p.m. on the first working day immediately preceding. In the case of a
special primary or special election, nomination papers shall be made available
at least ten days prior to the close of filing."
SECTION 5. Section 12-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"[[](b)[]] If after the
close of filing there are no candidates who have filed nomination papers for an
elective office for the primary, special primary, or any special election held
in conjunction with the primary election, the chief election officer or clerk,
in the case of a county election, shall make nomination papers available and
shall accept nomination papers for that office not later than 4:30 p.m. on
the [fiftieth day prior to the primary, special primary, or special
election.] third business day following the filing deadline established
in subsection (a)."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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