Clarifies the procedure for filling vacancy in the office of U.S. Senate; state senate; and state house of representatives. Requires chair of appropriate political party to convene meeting of the central committee to select nominees and submit list to governor; requires governor to fill vacancy from list 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. Upon a vacancy occurring, the governor shall immediately notify in writing the chair of the political party that the last incumbent represented at the time of election or appointment, if not elected to office. Pending the election [the governor], the chair of the political party that the incumbent represented shall call a meeting of the state central committee of the party, which shall be held not later than twenty days after the vacancy occurs. At the meeting, the state central committee shall select and the chair shall submit to the governor the names of not less than three persons qualified to fill the vacancy. Within five days after receiving the list of names of the nominees from the chair of the appropriate political party, the governor shall make a temporary appointment of one of the nominees to fill the vacancy [and the]. 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]. All candidates for the unexpired term shall be nominated and elected in accordance with this title."

SECTION 2. 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 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. Upon a vacancy occurring, the governor shall immediately notify in writing the chair of the political party that the last incumbent represented at the time of election or appointment, if not elected to office.

Pending an election, the chair of the party that the incumbent represented shall call a meeting of the state central committee of the party, to be held not later than twenty days after the vacancy. At the meeting, the state central committee shall select and the chair shall submit to the governor the names of not less than three persons qualified to fill the vacancy. Within five days after receiving the list of names of the nominees from the chair of the appropriate party, the governor shall make a temporary appointee from among the nominees to fill the vacancy.

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

SECTION 3. 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 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. Upon a vacancy occurring, the governor shall immediately notify in writing the chair of the political party that the last incumbent represented at the time of election or appointment, if not elected to office.

(b) If the person the appointee succeeds was a member of a political party, the chair of the party that the incumbent represented shall call a meeting of the state central committee of the party, to be held not later than twenty days after the vacancy. At the meeting, the state central committee shall select and the chair shall submit to the governor the names of not less than three persons qualified to fill the vacancy. Within five days after receiving the list of names of the nominees from the chair of the appropriate party, the governor shall make a temporary appointment from among the nominees to fill the vacancy."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.