REPORT TITLE:
Legislature, Eligibility


DESCRIPTION:
Proposes a constitutional amendment to require a candidate for
the legislature to be a qualified voter prior to filing
nomination papers for candidacy.  (HB131 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        131
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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 in the district in which
 
 5 the candidate seeks to represent prior to filing nomination
 
 6 papers for candidacy.
 
 7      At present, a candidate has until the day of the general
 
 8 election to qualify for office from a particular district.  The
 
 9 proposed amendment requires a candidate to be a qualified voter
 
10 and resident in the district the person aspires to represent as a
 
11 condition of filing nomination papers and of having the person's
 
12 name placed on the ballot at the appropriate election.
 
13      The amendment would improve public confidence in the
 
14 election process by reducing the potential for candidates to seek
 
15 office in particular districts based on their chances of success,
 
16 and eliminating the ability of candidates to move to the
 
17 appropriate district only upon a favorable result in the primary
 
18 election.  The amendment also increases the likelihood that
 
19 candidates will be more knowledgeable and interested in the
 

 
Page 2                                                     131
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 district they seek to represent by virtue of having lived in the
 
 2 community.
 
 3      SECTION 2.  Article III, section 6, of the Constitution of
 
 4 the State of Hawaii is amended to read as follows:
 
 5                    "QUALIFICATIONS OF MEMBERS
 
 6      Section 6.  No person shall be eligible to serve as a member
 
 7 of the senate unless the person [shall have] has been a resident
 
 8 of the State for not less than three years, [have] has attained
 
 9 the age of majority and [be] is a qualified voter of the
 
10 senatorial district from which the person seeks to be elected[.]
 
11 prior to filing nomination papers for candidacy, except that an
 
12 incumbent senator shall not be disqualified for the remainder of
 
13 the term when reapportionment displaces the senator from the
 
14 district from which the senator was elected.  No person shall be
 
15 eligible to serve as a member of the house of representatives
 
16 unless the person [shall have] has been a resident of the State
 
17 for not less than three years, [have] has attained the age of
 
18 majority and [be] is a qualified voter of the representative
 
19 district from which the person seeks to be elected[.] prior to
 
20 filing nomination papers for candidacy, except that an incumbent
 
21 representative shall not be disqualified for the remainder of the
 
22 term when reapportionment displaces the representative from the
 
23 district from which the representative was elected." 
 

 
Page 3                                                     131
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  The question to be printed on the ballot shall
 
 2 be as follows:
 
 3      "Shall a candidate seeking office in a state senatorial or
 
 4      state representative district be required to become a
 
 5      qualified voter in that district prior to filing nomination
 
 6      papers for candidacy?"
 
 7      SECTION 4.  Constitutional material to be repealed is
 
 8 bracketed.  New constitutional material is underscored.
 
 9      SECTION 5.  This amendment shall take effect upon compliance
 
10 with Article XVII, section 3, of the Constitution of the State of
 
11 Hawaii.