Bill Text: HI HB613 | 2010 | Regular Session | Introduced
Bill Title: Elections; Withdrawal and Declaration of Candidacy
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB613 Detail]
Download: Hawaii-2010-HB613-Introduced.html
Report Title:
Elections; Withdrawal and Declaration of Candidacy
Description:
Requires the office of elections to develop a standard withdrawal and declaration of candidacy form by 01/01/2010. Requires a candidate to file the standard form to withdraw as a candidate prior to the subsequent filing of nomination papers for any other elective office.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
613 |
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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. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§11- Standard withdrawal and declaration of candidacy form. (a) By no later than January 1, 2010, the office of elections shall develop a standard withdrawal and declaration of candidacy form that shall be filed by any individual who has filed nomination papers for a congressional, state, or county office, including the office of Hawaiian affairs, and who wishes to withdraw as a candidate and to file nomination papers for any other elective office.
(b) The standard withdrawal and declaration of candidacy form shall be developed in a manner acceptable for filing with either the chief election officer or the county clerk, regardless of the elective office from which the individual is withdrawing or for which the individual is declaring the individual's candidacy.
(c) The standard withdrawal and declaration of candidacy form may be used to withdraw as a candidate pursuant to section 11-117, regardless of whether the individual subsequently files nomination papers for any other elective office."
SECTION 2. Section 11-117, Hawaii Revised Statutes, is amended by amending the title and subsections (a) and (b) to read as follows:
"§11-117 Withdrawal of candidates;
disqualification; death; written notice[.]; effective.
(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]; provided that the written notice shall be accompanied by a
statement from a licensed physician indicating that [such] the
ill health may endanger the candidate's life. If a candidate who withdraws
intends to file for another office, the candidate shall give written notice
using the standard withdrawal and declaration of candidacy form pursuant to
section 11- . If the candidate does not intend to file nomination papers for
any other elective office after withdrawal as a candidate, the candidate shall
provide written notice to the chief elections officer or clerk; provided that
use of the standard withdrawal and declaration of candidacy form shall be
deemed sufficient written notice. A candidate's withdrawal is effective at the
time that the notice required by this section is submitted to the chief
election officer or county clerk.
(b) On receipt of the written notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is disqualified after the close of filing and the ballots have been printed, the chief election officer or the clerk may order the candidate's name stricken from the ballot or order that a notice of the death, withdrawal, or disqualification be prominently posted at the appropriate polling places on election day."
SECTION 3. Section 12-3, Hawaii Revised Statutes, is amended as follows:
1. By amending the title to read:
"§12-3 Nomination paper; format; withdrawal and declaration of candidacy form; limitations."
2. By amending subsection (c) to read:
"(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. To withdraw as a candidate prior to filing nomination papers for any other office, an individual who has filed nomination papers shall file a standard withdrawal and declaration of candidacy form pursuant to section 11- to designate the office from which the individual is withdrawing as a candidate and to declare the office for which the individual is filing nomination papers."
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.
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INTRODUCED BY: |
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