REPORT TITLE: 
Constitutional amendment
DESCRIPTION:
Clarifies district residency requirements for state senators and
representatives.

 
HB HMIA 99-170-2
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.131        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6, OF THE HAWAII
   CONSTITUTION, TO CHANGE THE ELIGIBILITY TO SERVE AS A MEMBER
   OF THE SENATE OR HOUSE OF REPRESENTATIVES. 



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


 1      SECTION 1.  The purpose of this Act is to propose an
 
 2 amendment to article III, section 6, of the Constitution of the
 
 3 State of Hawaii to require that a candidate for a state
 
 4 legislative office be a qualified voter and resident in the
 
 5 district in which the candidate seeks to represent prior to
 
 6 filing nomination papers for the primary election.
 
 7      At present, a candidate has until the day of the general
 
 8 election to qualify for office from a particular district.
 
 9      The proposed amendment requires a candidate to be a
 
10 qualified voter and resident in the district the person aspires
 
11 to represent as a condition of filing nomination papers and of
 
12 having the person's name placed on the ballot at the appropriate
 
13 election.
 
14      The amendment would improve public confidence in the
 
15 election process by eliminating the ability of candidates to move
 
16 to the appropriate district only upon a favorable result in the
 
17 primary election.  The amendment also increases the likelihood
 

 
HB HMIA 99-170-2
Page 2                                                     
                                     H.B. NO.131        
                                                        
                                                        

 
 1 that candidates will be more knowledgeable and interested in the
 
 2 district they seek to represent by virtue of having lived in the
 
 3 community.  
 
 4      SECTION 2.  Article III, section 6, of the Constitution of
 
 5 the State of Hawaii is amended to read as follows:
 
 6                    "QUALIFICATIONS OF MEMBERS
 
 7      Section 6.  No person shall be eligible to serve as a member
 
 8 of the senate unless the person [shall have] has been a resident
 
 9 of the State for not less than three years, has been a resident
 
10 of the senatorial district, [have] has attained the age of
 
11 majority and [be] is a qualified voter of the senatorial district
 
12 from which the person seeks to be elected[.] prior to filing
 
13 nomination papers for candidacy.  No person shall be eligible to
 
14 serve as a member of the house of representatives unless the
 
15 person [shall have] has been a resident of the State for not less
 
16 than three years, has been a resident of the representative
 
17 district, [have] has attained the age of majority and [be] is a
 
18 qualified voter of the representative district from which the
 
19 person seeks to be elected[.] prior to filing nomination papers
 
20 for candidacy."
 
21      SECTION 3.  The question to be printed on the ballot shall
 
22 be as follows:
 
23      "Shall a candidate seeking office in a state senatorial or
 

 
HB HMIA 99-170-2
Page 3                                                     
                                     H.B. NO.131        
                                                        
                                                        

 
 1 state representative district be required to become a resident
 
 2 and a qualified voter in that district prior to filing nomination
 
 3 papers for candidacy?"
 
 4      SECTION 4.  Constitutional material to be repealed is
 
 5 bracketed.  New constitutional material is underscored.
 
 6      SECTION 5.  This amendment shall take effect upon compliance
 
 7 with article XVII, section 3, of the Constitution of the State of
 
 8 Hawaii.
 
 9 
 
10 
 
11                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-170-2