REPORT TITLE:
Candidates; Residency


DESCRIPTION:
Requires elective candidate for political office to provide proof
of one year residency in the district for which the candidate is
running for office, before being nominated for office, except in
the election immediately following a reapportionment or in an
initial appointment to fill a vacancy.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2207
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CANDIDATES FOR ELECTIVE OFFICE.



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

 1      SECTION 1.  The legislature finds that candidates for
 
 2 elective office often wait until the last possible moment to
 
 3 announce their candidacy for a particular district because this
 
 4 gives the candidate time to assess opponents and the possible
 
 5 slate of candidates from a particular election district.  A
 
 6 specific period of residency in a district has not been a
 
 7 requirement prior to registering to run as a candidate from that
 
 8 district.  This means that a candidate may not be very familiar
 
 9 with the issues of a district and its constituents.  The purpose
 
10 of this Act is to require candidates for political office to
 
11 furnish proof, such as voter registration at an address in the
 
12 district, for the immediate past twelve months prior to
 
13 registering to run from that district.  The only exceptions to
 
14 this rule would be for elections immediately following
 
15 reapportionment, or in the case of an appointment to fill a
 
16 vacancy.
 
17      SECTION 2.  Section 12-3, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  No candidate's name shall be printed upon any official
 

 
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 1 ballot to be used at any primary, special primary, or special
 
 2 election unless a nomination paper was filed in the candidate's
 
 3 behalf and in the name by which the candidate is commonly known.
 
 4 The nomination paper shall be in a form prescribed and provided
 
 5 by the chief election officer containing substantially the
 
 6 following information:
 
 7      (1)  A statement by the registered voters signing the form
 
 8           that they are eligible to vote for the candidate;
 
 9      (2)  A statement by the registered voters signing the form
 
10           that they nominate the candidate for the office
 
11           identified on the nomination paper issued to the
 
12           candidate;
 
13      (3)  The residence address and county in which the candidate
 
14           resides;
 
15      (4)  Proof that the candidate has resided in the district
 
16           during the immediate past twelve months; provided that:
 
17           (A)  Voter registration at an address in the district
 
18                shall constitute conclusive proof that the
 
19                candidate has resided in the district; and
 
20           (B)  The twelve-month residency is not required in an
 
21                election immediately following reapportionment or
 
22                for appointment to fill a vacancy as provided in
 
23                sections 17-3 and 17-4;
 

 
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                                     S.B. NO.           2207
                                                        
                                                        

 
 1     [(4)] (5)  The legal name of the candidate, the name by which
 
 2           the candidate is commonly known, if different, the
 
 3           office for which the candidate is running, and the
 
 4           candidate's party affiliation or nonpartisanship; all
 
 5           of which are to be placed on the nomination paper by
 
 6           the chief election officer or the clerk prior to
 
 7           releasing the form to the candidate;
 
 8     [(5)] (6)  Space for the name, signature, date of birth,
 
 9           Social Security number, and residence address of each
 
10           registered voter signing the form, and other
 
11           information as determined by the chief election
 
12           officer;
 
13     [(6)] (7)  A sworn certification by self-subscribing oath by
 
14           the candidate that the candidate qualifies under the
 
15           law for the office the candidate is seeking and that
 
16           the candidate has determined that, except for the
 
17           information provided by the registered voters signing
 
18           the nomination papers, all of the information on the
 
19           nomination papers is true and correct;
 
20     [(7)] (8)  A sworn certification by self-subscribing oath by
 
21           a party candidate that the candidate is a member of the
 
22           party;
 
23     [(8)] (9)  A sworn certification by self-subscribing oath,
 

 
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 1           where applicable, by the candidate that the candidate
 
 2           has complied with the provisions of article II, section
 
 3           7, of the Constitution of the State of Hawaii;
 
 4     [(9)] (10)  A sworn certification by self-subscribing oath by
 
 5           the candidate that the candidate is in compliance with
 
 6           section 831-2, dealing with felons, and is eligible to
 
 7           run for office; and
 
 8    [(10)] (11)  The name the candidate wishes printed on the
 
 9           ballot and the mailing address of the candidate."
 
10      SECTION 3.  Section 78-1, Hawaii Revised Statutes, is
 
11 amended by amending subsection (a) to read as follows:
 
12      "(a)  All elective officers in the service of the government
 
13 of the State or in the service of any county or municipal
 
14 subdivision of the State shall be citizens of the United States
 
15 and residents of the State for at least three years immediately
 
16 preceding assumption of office[.] and at least twelve months
 
17 immediately preceding nomination in the district for which
 
18 elective office is being sought.  Proof of residence shall be
 
19 made as required in section 12-3."
 
20      SECTION 4.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 5.  This Act shall take effect on November 8, 2000.
 
23 
 
24                              INTRODUCED BY:______________________