Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1012 entitled:

begs leave to report as follows:

The purpose of this measure is to require senatorial or representative candidates to be qualified voters in the district prior to filing primary election nomination papers except in the case of an incumbent senator or representative when displaced by reapportionment.

Your Committee received testimony in favor of this measure from the Office of Elections, League of Women Voters of Hawaii, and Common Cause Hawaii. The Libertarian Party of Hawaii submitted testimony in opposition.

Your Committee finds that a person can run for office in any district and only has to move into the district on the day of the general election. A district would be better served by a legislator who has lived in the area for an extended period of time.

Your Committee believes that requiring a person to live in the district from the day the person files for candidacy would enhance the potential candidate's understanding of the community the potential candidate hopes to serve.

Your Committee has amended this bill to make it clear that an elected Senator or Representative is required to be a qualified voter of the district for the entire term of their respective offices and prior to filing their nomination papers.

Your Committee also amended the exception for incumbent legislators that may be adversely affected by reapportionment. The amendment allows incumbent legislators to move into a new district after the adverse reapportionment, and to continue to serve the remainder of the terms of their respective offices, even though by moving into a new district, they would no longer be qualified voters of their old districts.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1012, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1012, S.D. 1, and be placed on the calendar for Third Reading.