Clarifies the process of filling legislative vacancies for the state senate, state house, and U.S. Senate to require the governor to select an interim appointment from a list of three candidates nominated by the same political party as the person the appointee succeeds; reduces from 60 to 40 days following the date of the vacancy the time in which the governor may make the temporary appointment for state senate or state house; provides procedures for nonpartisan vacancies.

A BILL FOR AN ACT

SECTION 1. Article III, section 5 of the Constitution of the State of Hawaii provides that any vacancy in the legislature must be filled for the unexpired term in a manner as provided by law, or if no provision is made in law, by the appointment by the governor for the unexpired term. To effectuate the constitutional mandate, section 17-3, Hawaii Revised Statutes, provides for the filling of a vacancy for state senator, and section 17-4, Hawaii Revised Statutes, provides for the filling of a vacancy for state representative. In the case the governor is required to make a temporary appointment, both sections require the governor to make the appointment from the same political party as the person the appointee succeeds.

The legislature finds that current law on filling a state legislative vacancy is silent on the procedural process of making an appointment by the governor to the senate or house. The legislature further finds that the political parties should be involved in the procedures for making such an appointment. Article XVII of the United States Constitution provides for vacancies in the U.S. Senate to be filled by temporary appointment by the governor until an election is held. Section 17-1, Hawaii Revised Statutes, empowers the governor to make such temporary appointment until the next election. The legislature further finds that the political parties should be involved in the procedures for selecting an interim appointment to fill a vacant U.S. Senate position.

The purpose of this Act is to clarify the procedural process of making an interim appointment to fill a legislative vacancy in the state senate, state house of representatives, and United States Senate.

SECTION 2. Section 17-1, Hawaii Revised Statutes, is amended to read as follows:

"§17-1 United States senator. (a) 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 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 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 not less than thirty but no more than forty calendar days following the first day of vacancy to fill the vacancy and the person so appointed 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[.]; provided that:

All candidates for the unexpired term shall be nominated and elected in accordance with this title.

(b) As used in this section, "nonpartisan" means a person who on the date the vacancy occurred is, and through the date of appointment remains, not a member of any political party."

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] not less than thirty but no more than forty 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.]; provided that:

If the governor for any reason does not make a temporary appointment by noon on the fortieth day, the president of the senate shall make the temporary appointment on the forty-first calendar day following the first date of vacancy, and shall make it from the same list of three nominees submitted to the governor if the representative causing the vacancy is a member of a 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. [Whenever] In the case any vacancy in the membership of the state house of representatives occurs[,] of a member belonging to a political party, the governor shall make [an] a temporary appointment within [sixty] thirty 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.]; provided that:

If the governor for any reason does not make a temporary appointment by noon on the thirtieth day, the speaker of the house of representatives shall make the temporary appointment on the thirty-first calendar day following the first date of vacancy, and shall make it from the same list of three nominees submitted to the governor if the representative causing the vacancy is a member of a 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.