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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1572 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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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:
SECTION 1. The legislature finds that candidates for elective office often wait until the last possible moment to announce their candidacy for a particular district because this gives the candidate time to assess opponents and the possible slate of candidates from a particular election district. A specific period of residency in a district has not been a requirement prior to registering to run as a candidate from that district. This means that a candidate may not be very familiar with the issues of a district and its constituents. The purpose of this Act is to require candidates for political office to furnish proof, such as voter registration at an address in the district, for the immediate past twelve months prior to registering to run from that district. The only exceptions to this rule would be for elections immediately following reapportionment, or in the case of an appointment to fill a vacancy.
SECTION 2. Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed in the candidate's behalf and in the name by which the candidate is commonly known. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:
(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;
(2) A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;
(3) The residence address and county in which the candidate resides;
(4) Proof that the candidate has resided in the district during the immediate past twelve months; provided that:
(A) Voter registration at an address in the district shall constitute conclusive proof that the candidate has resided in the district; and
(B) The twelve-month residency is not required in an election immediately following reapportionment or for appointment to fill a vacancy as provided in sections 17-3 and 17-4;
[(4)] (5) The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk prior to releasing the form to the candidate;
[(5)] (6) Space for the name, signature, date of birth, Social Security number, and residence address of each registered voter signing the form, and other information as determined by the chief election officer;
[(6)] (7) A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;
[(7)] (8) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;
[(8)] (9) A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Constitution of the State of Hawaii;
[(9)] (10) A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and
[(10)] (11) The name the candidate wishes printed on the ballot and the mailing address of the candidate."
SECTION 3. Section 78-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All elective officers in the service of the government of the State or in the service of any county or municipal subdivision of the State shall be citizens of the United States and residents of the State for at least three years immediately preceding assumption of office[.] and at least twelve months immediately preceding nomination in the district for which elective office is being sought, as required by section 12-3. Proof of residence shall be made as required in section 12-3."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on November 8, 2001.
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INTRODUCED BY: |
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