HB926

Report Title:

Special Elections; Vacancy in Legislature

Description:

Changes manner of filling vacancy in the state house of representatives. Requires central committee of party of person to be replaced to submit to governor three nominees to fill vacancy and governor appoints replacement from those nominees. Establishes notice requirements; provides that special election to fill house vacancy shall use instant runoff voting system; directs chief election officer to develop an instant runoff voting system.

HOUSE OF REPRESENTATIVES	H.B. NO.	926
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

A BILL FOR AN ACT

relating to special elections.

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

SECTION 1. 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[,] during or before the first regular session of a legislative biennium, the governor shall make an 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. If the person the appointee succeeds was a member of a political party, the central committee of that party shall submit three nominees and the governor shall choose the appointee from among the nominees.

(b) Whenever any vacancy in the membership of the state house of representatives occurs after the adjournment of the first regular session of a legislative biennium, the chief election officer, within ten calendar days after the vacancy occurs, shall issue an election proclamation for a special election to fill the vacancy. The proclamation shall be issued not later than sixty days prior to the special election to fill the vacancy.

The proclamation shall contain the following:

(1) A statement of the date, time, and places where the special election is to be held;

(2) The time within which nomination papers shall be filed;

(3) The time for transmitting to the county clerk the notice designating the office for which a candidate is to be elected;

(4) The time for transmitting to the county clerk a list of candidates to be voted for at the special election; and

(5) Other information, as authorized by section 11-91, that is not inconsistent with this section.

(c) The special election for a member of the state house of representatives shall be conducted using the instant runoff voting system, with each voter casting a ballot to indicate a first, second, and third preference among the candidates.

(d) Within thirty days of the effective date of this section, the chief election officer shall develop an instant runoff voting system that shall be used in special elections to fill a vacancy in the state house of representatives."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval; provided that section 1 shall apply retroactively to any member of the house of representatives appointed by the governor after the general election of 2004.

INTRODUCED BY:	_____________________________