REPORT TITLE:
Election time limits


DESCRIPTION:
Extends from 120 days to 150 days the time within which a new
election called by the governor shall be held when the court
invalidates an election.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1925
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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:

 1      SECTION 1.  Section 11-174.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  In cases involving general, special general, special,
 
 4 or runoff elections the complaint shall be heard by the supreme
 
 5 court in which the complaint was filed as soon as it reasonably
 
 6 may be heard.  On the return day, the court, upon its motion or
 
 7 otherwise, may direct summons to be issued to any person who may
 
 8 be interested in the result of the proceedings.
 
 9      At the hearing, the court shall cause the evidence to be
 
10 reduced to writing and shall give judgment, stating all findings
 
11 of fact and of law.  The judgment may invalidate the general,
 
12 special general, special, or runoff election on the grounds that
 
13 a correct result cannot be ascertained because of a mistake or
 
14 fraud on the part of the precinct officials; or decide that a
 
15 certain candidate, or certain candidates, received a majority or
 
16 plurality of votes cast and were elected.  If the judgment should
 
17 be that the general, special general, special, or runoff election
 
18 was invalid, a certified copy thereof shall be filed with the
 
19 governor, and the governor shall duly call a new election to be
 
20 held not later than one hundred [twenty] fifty days after the
 

 
Page 2                                                     1925
                                     H.B. NO.           
                                                        
                                                        

 
 1 judgment is filed.  If the court shall decide which candidate or
 
 2 candidates have been elected, a copy of that judgment shall be
 
 3 served on the chief election officer or county clerk, who shall
 
 4 sign and deliver to the candidate or candidates certificates of
 
 5 election, and the same shall be conclusive of the right of the
 
 6 candidate or candidates to the offices."
 
 7      SECTION 2.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect upon its approval.
 
10 
 
11                       INTRODUCED BY:  ___________________________