Clarifies the procedure for filling vacancy in the office of U.S. Senate; U.S. House of Representatives; state senate; and state house of representatives by requiring governor to fill vacancy from list of names submitted by chair of the appropriate political party.

A BILL FOR AN ACT

SECTION 1. Section 17-1, Hawaii Revised Statutes, is amended to read as follows:

"§17-1 United States senator. When a vacancy occurs in the office of United States senator the vacancy shall be filled for the unexpired term at the following state general election[, provided that] if the vacancy occurs not later than 4:30 p.m. on the sixtieth day prior to the primary for nominating candidates to be voted for at the election[; otherwise]. Otherwise the vacancy shall be filled at the state general election next following. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Pending the election, the governor shall make a temporary appointment to fill the vacancy, and the person so appointed shall be a registered member of the same political party as the senator causing the vacancy and shall serve until the election and qualification of the person duly elected to fill the vacancy [and shall be a registered member of the same political party as the senator causing the vacancy]. The governor shall select the person to fill the temporary appointment from a list of names of nominees submitted to the governor by the chair of the appropriate political party. All candidates for the unexpired term shall be nominated and elected in accordance with this title."

SECTION 2. Section 17-2, Hawaii Revised Statutes, is amended to read as follows:

"§17-2 United States representative. (a) When a vacancy occurs in the representation of this State in the United States House of Representatives, the chief election officer shall issue a proclamation for an election to fill the vacancy. The proclamation shall be issued not later than on the sixtieth day prior to the election to fill the vacancy and shall contain the date, time, and places where the special election is to be held, the time within which nomination papers shall be filed, the time for transmitting to county clerks the notice designating the offices for which candidates are to be elected, the time for transmitting to county clerks lists of candidates to be voted for at the special election and such other matter as provided for in section 11-91 and [which] that are not inconsistent with this section. The special election shall be conducted and the results ascertained so far as practicable, in accordance with this title.

(b) Pending the election, the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall be a registered member of the same political party as the senator causing the vacancy and shall serve until the election and qualification of the person duly elected to fill the vacancy. The governor shall select the person to fill the temporary appointment from a list of names of nominees submitted to the governor by the chair of the appropriate political party. All candidates for the unexpired term shall be nominated and elected in accordance with this title."

SECTION 3. Section 17-3, Hawaii Revised Statutes, is amended to read as follows:

"§17-3 State senator. (a) Whenever any vacancy in the membership of the state senate occurs, the term of which ends at the next succeeding general election, the governor shall make [an] a temporary appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term and the appointee shall be of the same political party or nonpartisanship as the person the appointee succeeds. The governor shall select the person to fill the temporary appointment from a list of names of nominees submitted to the governor by the chair of the appropriate political party.

(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:

SECTION 4. Section 17-4, Hawaii Revised Statutes, is amended to read as follows:

"§17-4 State representatives. (a) Whenever any vacancy in the membership of the state house of representatives occurs, the governor shall make [an] a temporary appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term and the appointee shall be of the same political party or nonpartisanship as the person the appointee succeeds.

(b) If the person the appointee succeeds was a member of a political party, the governor shall select the person to fill the temporary appointment from a list of names of nominees submitted to the governor by the chair of the appropriate political party."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.