HB128 HD1.DOC

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§11- Standard withdrawal and declaration of candidacy form. (a) By no later than January 1, 2010, the office of elections shall develop a standard withdrawal and declaration of candidacy form to be used by any individual:

(1) Who has filed nomination papers for a congressional, state, or county office, including the office of Hawaiian affairs, to withdraw as a candidate for that office and declare candidacy for another elective office; or

(2) To withdraw as a candidate pursuant to section 11-117, regardless of whether the individual subsequently files nomination papers for any other elective office.

(b) The standard withdrawal and declaration of candidacy form shall be prescribed in a form acceptable for filing with either the chief election officer or the county clerk, regardless of the elective office from which the individual is withdrawing or for which the individual is declaring the individual's candidacy."

SECTION 2. Section 11-117, Hawaii Revised Statutes, is amended by amending the title and subsections (a) and (b) to read as follows:

"§11-117 Withdrawal of candidates; disqualification; death; written notice[.]; effective. (a) Any candidate may withdraw not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the twentieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office[~~. The~~]; provided that the written notice shall be accompanied by a statement from a licensed physician indicating that [~~such~~] the ill health may endanger the candidate's life. If a candidate who withdraws intends to file for another office, the candidate shall give written notice using the standard withdrawal and declaration of candidacy form prescribed under section 11- . If the candidate does not intend to file nomination papers for any other elective office after withdrawal as a candidate, the candidate shall provide written notice to the chief elections officer or clerk; provided that filing of the standard withdrawal and declaration of candidacy form shall be deemed sufficient written notice. A candidate's withdrawal is effective at the time that the notice required by this section is submitted to the chief election officer or county clerk.

(b) On receipt of the written notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is disqualified after the close of filing and the ballots have been printed, the chief election officer or the clerk may order the candidate's name stricken from the ballot or order that a notice of the death, withdrawal, or disqualification be prominently posted at the appropriate polling places on election day."

SECTION 3. Section 12-2.5, Hawaii Revised Statutes, is amended to read as follows:

"§12-2.5 Nomination papers; when available. Nomination papers shall be made available from the first working day of February in every even-numbered year[~~; provided that in~~] until 4:30 p.m. on the Friday just prior to the final day for filing as determined by section 12-6. In the case of a special primary or special election, nomination papers shall be made available at least ten days prior to the close of filing."

SECTION 4. Section 12-3, Hawaii Revised Statutes, is amended as follows:

1. By amending the title to read:

"§12-3 Nomination paper; format; withdrawal and declaration of candidacy form; limitations."

2. By amending subsection (c) to read:

"(c) Nomination papers shall not be filed [in] on behalf of any person for more than one party or for more than one office; nor shall any person file nomination papers both as a party candidate and as a nonpartisan candidate. An individual may withdraw as a candidate for an office prior to filing nomination papers for any other office by filing the standard withdrawal and declaration of candidacy form prescribed under section 11- with the chief election officer or county clerk."

SECTION 5. Section 12-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"[[](b)[]] If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall make nomination papers available not later than 4:30 p.m. on the second calendar day following the filing deadline set forth in subsection (a), and shall accept filing of the nomination papers for that office [~~not later than~~] until 4:30 p.m. on the fiftieth day prior to the primary, special primary, or special election."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2046.

HOUSE OF REPRESENTATIVES	H.B. NO.	128
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII