HB170.DOC

SECTION 1. Section 12-6, Hawaii Revised Statutes, is amended to read as follows:

"§12-6 Nomination papers: time for filing; fees. (a) Nomination papers shall be filed as follows:

(1) For members of Congress, state, and county offices, nomination papers shall be filed with the chief election officer, or clerk in case of county offices, not later than 4:30 p.m. on the [~~sixtieth~~] eightieth calendar day prior to the primary, special primary, or special election provided that if such day is a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first working day immediately preceding. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate's declaration of candidacy without delay. However, if a special primary or special election is to be held by a county and the county charter requires that the council shall issue a proclamation calling for the election to be held within a specified period of time, and if that requirement would not allow the filing of nomination papers with the appropriate office by the [~~sixtieth~~] eightieth calendar day prior to the day for holding the special primary or special election, the council shall establish the deadline for the filing of nomination papers in the proclamation calling for the election; and

(2) For the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, not later than 4:30 p.m. on the [~~sixtieth~~] eightieth calendar day prior to the primary election referred to in paragraph (1); provided that if that day is a Saturday, Sunday, or holiday, then not later than 4:30 p.m. on the first working day immediately preceding.

[[](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 accept nomination papers for that office not later than 4:30 p.m. on the [~~fiftieth~~] seventieth day prior to the primary, special primary, or special election.

(c)(1) If any candidate for Congress, state, or county office should withdraw their nomination papers seventy-two hours before the filing deadline and as a result create an uncontested race for that office, then the filing deadline for that certain office shall be extended by five calendar days, provided that if such day is a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first working day immediately preceding. This provision shall also apply to an uncontested race in which the incumbent does not file nomination papers and by doing so creates an unopposed contest for the remaining candidate in that office.

(2) Any office left either without any candidate or with an uncontested election as a direct result of a candidate or candidates for that office opting to file for the contest opened up by this initial five calendar day extension shall be granted the following: Candidates wishing to file for this office shall be granted a five calendar day extension from the date the office is left either uncontested or without a candidate, provided that if such day is a Saturday, Sunday, or holiday, then not later than 4:30 p.m. on the first working day immediately preceding. This extension shall be granted for each office that subsequently is affected by withdrawals qualified in this provision, provided that no extension shall be granted after the fiftieth calendar day prior to the primary, special primary, or special election.

[[](c)[]] (d) There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election which shall be paid into the treasury of the State, or county, as the case may be, as a realization:

(1) For United States senators and United States representatives--$75;

(2) For governor and lieutenant governor--$750;

(3) For mayor--$500; and

(4) For all other offices--$250.

[~~[(d)]~~] (e) Upon the receipt by the chief election officer or the clerk of the nomination paper of a candidate, the day, hour, and minute when it was received shall be endorsed thereon.

[~~[(e)]~~] (f) Upon the showing of a certified copy of an affidavit which has been filed with the campaign spending commission pursuant to section 11-208 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts:

(1) For the office of governor and lieutenant governor--$675;

(2) For the office of mayor--$450; and

(3) For all other offices--$225.

[~~[(f)]~~] (g) The chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent and who has filed a petition signed by currently registered voters who constitute at least one-half of one per cent of the total voters registered at the last preceding general election in the respective district or districts which correspond to the specific office for which the indigent person is a candidate. This petition shall be submitted on the form prescribed and provided by the chief election officer together with the nomination paper required by this chapter."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	170
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII