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 the primary election.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           907
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 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, and is
 
 9 not required to become a qualified voter in that district until
 
10 after the results of the primary election are known.  The
 
11 proposed amendment requires a candidate to be a qualified voter
 
12 in the district the person aspires to represent as a condition of
 
13 filing nomination papers and of having the person's name placed
 
14 on the ballot at the primary election.
 
15      The amendment would improve public confidence in the
 
16 election process by reducing the potential for candidates to seek
 
17 office in particular districts based on their chances of success,
 
18 and eliminating the ability of candidates to move to the
 

 
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                                     S.B. NO.           907
                                                        
                                                        

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

 
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                                     S.B. NO.           907
                                                        
                                                        

 
 1 election, except that an incumbent representative shall not be
 
 2 disqualified for the remainder of the term when reapportionment
 
 3 displaces the representative from the district from which the
 
 4 representative was elected." 
 
 5      SECTION 3.  The question to be printed on the ballot shall
 
 6 be as follows:
 
 7      "Shall a candidate seeking office in a state senatorial or
 
 8      state representative district be required to become a
 
 9      qualified voter in that district prior to filing nomination
 
10      papers for the primary election?"
 
11      SECTION 4.  Constitutional material to be repealed is
 
12 bracketed.  New constitutional material is underscored.
 
13      SECTION 5.  This amendment shall take effect upon compliance
 
14 with article XVII, section 3, of the Constitution of the State of
 
15 Hawaii.
 
16 
 
17                           INTRODUCED BY:  _______________________