Report Title:
Legislative Vacancies
Description:
Requires the governor, in filling vacancies in the senate, house of representatives, and U.S. Senate, to select from a list of three prospective appointees nominated by the political party of the prior incumbent. Requires prospective appointees to be registered members of nominating political parties for at least six months prior to the appointment. Effective on approval.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
381 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to legislative vacancies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 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 to fill the vacancy [and the] by selecting a person from
a list of three prospective appointees submitted by the same political party as
the prior incumbent. The person [so] appointed shall serve until
the election and qualification of the person duly elected to fill the vacancy
and shall be, at the time of appointment, and shall have been, for at least
six months immediately prior to the appointment, a registered member of the
same political party as the [senator causing the vacancy.] prior
incumbent. If the prior incumbent was not a member of any political party, the
governor shall appoint a person who is not and has not been, for at least six
months immediately prior to the appointment, a registered member of any
political party. 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]:
(1) 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] by
selecting a person from a list of three prospective appointees submitted by
the same political party [or nonpartisanship] as the [person the
appointee succeeds.] prior incumbent. The prospective appointees shall
be, at the time of appointment, and shall have been, for at least six months
immediately prior to the appointment, registered members of the political
party. The political party shall submit the list of prospective appointees to
the governor within thirty calendar days following the first day of vacancy;
and
(2) If the prior incumbent was not a member of any political party, the governor, within sixty calendar days following the first day of vacancy, shall appoint a person who is not and has not been, for a least six months immediately prior to the appointment, a registered member of any political party.
(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:
(1) If it occurs not later than on the tenth day
prior to the close of filing for the next succeeding primary election, the
vacancy shall be filled for the unexpired term at the next succeeding general
election. The chief election officer shall issue a proclamation designating
the election for filling the vacancy. All candidates for the unexpired term
shall be nominated and elected in accordance with this title. Pending the
election the governor shall make a temporary appointment to fill the vacancy
and the person [so] appointed shall serve until the election of the
person duly elected to fill the vacancy. The [appointee shall be of] governor
shall make the appointment from a list of three prospective appointees
submitted by the same political party [or nonpartisanship] as the [person
the appointee succeeds.] prior incumbent. The prospective appointees
shall be, at the time of appointment, and shall have been, for at least six
months immediately prior to the appointment, registered members of the
political party. If the prior incumbent was not a member of any political
party, the governor shall appoint a person who is not and has not been, for at
least six months immediately prior to the appointment, a registered member of
any political party;
(2) If it occurs later than on the tenth day prior to
the close of filing for the next succeeding primary election but not later than
on the sixtieth day prior to the next succeeding primary election, or if there
are no qualified candidates for any party or nonpartisan candidates qualified
for the primary election ballot, nominations for the unexpired term may be
filed not later than 4:30 p.m. on the fiftieth day prior to the next succeeding
primary election. 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 serve until the election of the person duly elected to fill
the vacancy. The [appointee shall be of] governor shall make the
appointment from a list of three prospective appointees submitted by the
same political party or nonpartisanship as the [person the appointee
succeeds.] prior incumbent. The prospective appointees shall be, at the
time of appointment, and shall have been, for at least six months immediately
prior to the appointment, registered members of the political party. If the prior
incumbent was not a member of any political party, the governor shall appoint a
person who is not and has not been, for at least six months immediately prior
to the appointment, a registered member of any political party;
(3) If it occurs after the sixtieth day prior to the
next succeeding primary but not later than on the fiftieth day prior to the
next succeeding general election, or if there are no qualified candidates for
any party or nonpartisan candidates in the primary, the vacancy shall be filled
for the unexpired term at the next succeeding general election. The chief
election officer shall issue a proclamation designating the election for
filling the vacancy. Party candidates for the unexpired senate term shall be
nominated by the county committees of the parties not later than 4:30 p.m. on
the fortieth day prior to the general election; nonpartisan candidates may file
nomination papers for the unexpired term not later than 4:30 p.m. on the
fortieth day prior to the general election with the nonpartisan candidate who
is to be nominated to be decided by lot, under the supervision of the chief
election officer. The candidates for the unexpired term shall be elected in
accordance with this title. Pending the election, the governor shall
make a temporary appointment to fill the vacancy, and the person so
appointed shall serve until the election of the person duly elected to fill [such]
the vacancy. The [appointee shall be of] governor shall make
the appointment from a list of three prospective appointees submitted by
the same political party [or nonpartisanship] as the [person the
appointee succeeds.] prior incumbent. The prospective appointees shall
be, at the time of appointment, and shall have been, for at least six months
immediately prior to the appointment, registered members of the political party.
If the prior incumbent was not a member of any political party, the governor
shall appoint a person who is not and has not been, for at least six months
immediately prior to the appointment, a registered member of any political
party; and
(4) If it occurs after the fiftieth day prior to the
next succeeding general election or if no candidates are nominated, the
governor shall make an appointment to fill the vacancy for the unexpired term [and
the appointee shall be of] by selecting a person from a list of three
prospective appointees submitted by the same political party [or
nonpartisanship] as the [person the appointee succeeds.] prior
incumbent. The prospective appointees shall be, at the time of appointment,
and shall have been, for at least six months immediately prior to the
appointment, registered members of the political party. If the prior incumbent
was not a member of any political party, the governor shall appoint a person
who is not and has not been, for at least six months immediately prior to the
appointment, a registered member of any political party."
SECTION 3. Section 17-4, Hawaii Revised Statutes, is amended to read as follows:
"§17-4 State representatives.
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] by selecting a person from a list of three
prospective appointees submitted by the same political party or
nonpartisanship as the [person the appointee succeeds.] prior incumbent.
The prospective appointees shall be at the time of appointment, and shall have
been, for at least six months immediately prior to the appointment, registered
members of the political party. The political party shall submit the list of
prospective appointees to the governor within thirty calendar days following
the first day of vacancy.
(b) If the prior incumbent was not a member of any political party, the governor, within sixty calendar days following the first day of vacancy, shall appoint a person who is not and has not been, for at least six months immediately prior to the appointment, a registered member of any political party."
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.
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INTRODUCED BY: |
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