Report Title:
Primary Election Date
Description:
Moves the date of the primary election from the second to the last Saturday in September to the second Saturday in August in every even numbered year. Revises the campaign spending law regarding the filing of preliminary reports between primary and general election. (HB1131 HD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1131 |
TWENTY-FOURTH LEGISLATURE, 2007 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE PRIMARY ELECTION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii has the last primary election in the nation. Presently, the primary election is held on the second to last Saturday in September, provided there are at least forty-five days between the primary and general election. The legislature also finds that over the years increased federal obligations, mounting legal challenges, and a substantial increase in the utilization of absentee voting have made it especially critical to have more time between the primary and general election.
The purpose of this Act is to increase the amount of time between the primary and general election to allow for the increasing federal obligations, mounting legal challenges, and increasing utilization of absentee voting.
SECTION 2. Section 11-212, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a)(1) The candidate committee of each candidate whose name will appear on the ballot in the immediately succeeding election shall file a preliminary report with the commission or appropriate county clerk's office. Preliminary reports shall be filed on forms provided by the commission no later than 4:30 p.m. on the following dates:
(A) July [thirtieth] fifth of
the year of the primary election;
(B) Ten calendar days prior to each primary
and initial special election; [and]
(C) September thirtieth of the year of the primary election; and
[(C)](D) Ten calendar days prior to
a special or general election.
(2) Each report shall be certified pursuant to
section 11‑195 and shall contain the following information which shall be
current through the thirtieth calendar day prior to the filing of the report
filed on the [thirtieth] fifth of July and fifth calendar day
prior to the filing of other preliminary reports:
(A) The aggregate sum of all contributions and other campaign receipts received;
(B) The amount and date of deposit of the contribution and the name and address of each donor who contributes an aggregate of more than $100 during an election period, which has not previously been reported; provided that if all the information is not on file, the contribution shall be returned to the donor within thirty days of deposit;
(C) The amount and date of deposit of each contribution and the name, address, employer, and occupation of each donor who contributes an aggregate of $1,000 or more during an election period, which has not previously been reported; provided that if all the information is not on file, the contribution shall be returned to the donor within thirty days of deposit;
(D) All expenditures made, incurred, or authorized by or for a candidate, including the name and address of each payee and the amount, date, and purpose of each expenditure; and
(E) A current statement of the balance on hand or deficit.
(b) Each noncandidate committee shall file a preliminary report with the commission, on forms provided by the commission, no later than 4:30 p.m. on the tenth calendar day prior to each primary election, on September thirtieth of the year of the primary election, and on the tenth calendar day prior to a special or general election. Each report shall be certified pursuant to section 11-195 and shall contain the following information, which shall be current through the fifth calendar day prior to the filing of a preliminary report:
(1) The aggregate sum of all contributions and other campaign receipts received;
(2) The amount and date of deposit of the contribution and the name, address, employer, and occupation of each donor who contributes an aggregate of $100 or more during an election period, which has not previously been reported; provided that if all the information is not on file, the contribution shall be returned to the donor within thirty days of deposit;
(3) The amount and date of each disbursement or contribution made to a candidate, party, organization, or committee, including the name and address of each payee, which has not previously been reported;
(4) The amount and date of each expenditure made or incurred by the committee for or against any candidate, ballot issue, or on behalf of another committee, which has not previously been reported; and
(5) A current statement of the balance on hand."
SECTION 3. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:
"§12-2 Primary held when; candidates
only those nominated. The primary shall be held at the polling place for
each precinct on the second [to the last Saturday of September] Saturday
in August in every even numbered year[; provided that in no case shall
any primary election precede a general election by less than forty-five days].
No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect January 1, 2050.