REPORT TITLE:
Elections

DESCRIPTION:
Provides for a mandated deadline of the eighth day after return
for the court to issue judgment fully stating all findings of
fact and conclusions of law for a complaint filed with respect to
a general election.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1979
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 conclusions of law. The court's findings of fact and
 
12 conclusions of law shall be rendered in writing no later than the
 
13 eighth day after the return day. The judgment may invalidate the
 
14 general, special general, special, or runoff election on the
 
15 grounds that a correct result cannot be ascertained because of a
 
16 mistake or fraud on the part of the precinct officials; or decide
 
17 that a certain candidate, or certain candidates, received a
 
18 majority or plurality of votes cast and were elected.  If the
 
19 judgment should be that the general, special general, special, or
 

 
Page 2                                                     1979
                                     H.B. NO.           
                                                        
                                                        

 
 1 runoff election was invalid, a certified copy thereof shall be
 
 2 filed with the governor, and the governor shall duly call a new
 
 3 election to be held not later than one hundred twenty days after
 
 4 the judgment is filed.  If the court shall decide which candidate
 
 5 or candidates have been elected, a copy of that judgment shall be
 
 6 served on the chief election officer or county clerk, who shall
 
 7 sign and deliver to the candidate or candidates certificates of
 
 8 election, and the same shall be conclusive of the right of the
 
 9 candidate or candidates to the offices."
 
10      SECTION 2.  This Act does not affect rights and duties that
 
11 matured, penalties that were incurred, and proceedings that were
 
12 begun, before its effective date.
 
13      SECTION 3.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 4.  This Act shall take effect upon its approval.
 
16 
 
17                           INTRODUCED BY:  _______________________