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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2344 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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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. The legislature finds that an individual state does not have "the power to add or alter the requirements enumerated in the Qualifications Clause" of the United States Constitution. Schaefer v. Townsend, 215 F.3d 1031, 1039 (9th Cir. 2000). Specifically a state does not have the power to impose a residency requirement prior to the time imposed by the United States Constitution. Id at 1038.
Accordingly, the purpose of this Act is to conform the State's process of appointing persons to fill vacancies in the office of United States senator with the qualifications set forth in the United States Constitution by removing the residency requirement for an appointee to fill a vacancy in the office of United States senator.
Additionally, this Act also removes the requirement that an appointee to fill a vacancy in the office of United States senator be a member of the same political party as the prior incumbent for a period of at least six months immediately prior to the appointment.
SECTION 2. 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 [by selecting a person from a list of three prospective
appointees submitted by the same political party as the prior incumbent. The
appointee] and 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 [prior incumbent. The appointee shall be a
resident of the State. 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 member of
any political party.] senator causing the vacancy. All candidates
for the unexpired term shall be nominated and elected in accordance with this
title."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Legislative Vacancies; Appointments
Description:
Conforms the requirements of filling a United States senate vacancy to the United States Constitution by removing the residency requirement and the submission of a list to the Governor of appointees from the same political party as the incumbent who have been members of that party for six months.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.