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THE SENATE |
S.B. NO. |
223 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 12-8, Hawaii Revised Statutes, is amended to read as follows:
"§12-8 Nomination papers; challenge;
evidentiary hearings and decisions. (a) All nomination papers filed in
conformity with section 12-3 shall be deemed valid unless objection is made
thereto by a registered voter, [an officer] the chairperson of a
political party whose name is on file with the chief election officer, the
chief election officer, or the county clerk in the case of a county office. Within twenty-four hours after the close of filing
pursuant to section 12-6, the chief election officer or the county clerk in the
case of a county office shall publish on their respective websites a list of
all candidates who have filed nomination papers. All objections
shall be filed in writing not later than 4:30 p.m. on the sixtieth day or the
next earliest working day prior to the primary or special election.
(b) If an objection is made by a registered voter, the candidate objected thereto shall be notified of the objection by the chief election officer or the clerk in the case of county offices by registered or certified mail.
(c) If an objection is [filed] made
by [an officer] the chairperson of a political party [with the
circuit court, the candidate objected thereto shall be notified of the
objection by an officer of the political party by registered or certified mail.]
under whose governing documents the candidate claims to be an eligible
candidate for public office, the chairperson of that political party shall be
required to immediately send by electronic transmission the notice of objection
or withdrawal of objection directly to the chief election officer or the clerk
in the case of a county office. If the objection is made within seven calendar
days after the close of filing pursuant to section 12-6, the candidate shall be
deemed ineligible to run as a candidate in the primary election of that party
unless the party withdraws the objection within seven calendar days after the
filing of the objection or the candidate files for judicial review or review by
the chief election officer within seven calendar days of the filing of the
objection. If a withdrawal of the objection is made, the withdrawal shall be
made by certified or registered mail to the candidate with a copy sent by
electronic transmission to the chief election officer or the clerk in the case
of a county office. The prevailing party in the judicial review of the
objection shall be entitled to attorney's fees and costs.
(d) Except for objections by [an officer]
the chairperson of a political party [filed directly with the circuit
court,] pursuant to subsection (c), the chief election officer or
the clerk in the case of county offices shall have the necessary powers and
authority to reach a preliminary decision on the merits of the objection;
provided that nothing in this subsection shall be construed to extend to the
candidate a right to an administrative contested case hearing as defined in
section 91-1(5). The chief election officer or the clerk in the case of county
offices shall render a preliminary decision not later than five working days
after the objection is filed.
(e) If the chief election officer or clerk in the case of county offices determines that the objection warrants the disqualification of the candidate, the chief election officer or clerk, as appropriate, shall file a complaint in the circuit court for a determination of the objection; provided that the complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the seventh working day after the objection was filed.
[(f) If a political party objects to the
nomination paper filed by a candidate because the candidate is not a member of
the party pursuant to the party's rules filed in conformance with section
11-63, an officer of the party whose name appears on file with the chief
election officer shall file a complaint in the circuit court for a prompt
determination of the objection; provided that the complaint shall be filed with
the clerk of the circuit court not later than 4:30 p.m. on the sixtieth day or
the next earliest working day prior to that election day.
(g)] (f) If [an officer of a
political party whose name appears on file with the chief election officer,]
the chief election officer[,] or clerk in the case of county offices
files a complaint in the circuit court, the circuit court clerk shall issue to
the defendants named in the complaint a summons to appear before the court not
later than 4:30 p.m. on the fifth day after service thereof.
[(h)] (g) The circuit court
shall hear the complaint in a summary manner and at the hearing the court shall
cause the evidence to be reduced to writing and shall not later than 4:30 p.m.
on the fourth day after the return give judgment fully stating all findings of
fact and of law. The judgment shall decide the objection presented in the
complaint, and a certified copy of the judgment shall forthwith be served on
the chief election officer or the clerk, as the case may be.
[(i)] (h) If the judgment
disqualifies the candidate, the chief election officer or the clerk shall
follow the procedures set forth in sections 11-117 and 11-118 regarding the
disqualifications of candidates."
SECTION 2. The chief election officer shall take all actions necessary and proper to ensure that the provisions of this Act shall be implemented in the 2014 election cycle.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Elections; Nomination Papers; Challenge
Description:
Clarifies that the chairperson of a political party, and not an officer of the party, may make an objection to the validity of nomination papers; requires publication on state or county websites of a list of all candidates within twenty-four hours of the close of the filing deadline; establishes requirements for notice to the candidate of objections and any withdrawal of objections; establishes a process for judicial review or review by the chief election officer of objections and allows the prevailing party in a judicial review of an objection to be awarded attorney's fees and costs; deletes requirement for a political party to file a complaint in circuit court for prompt determination of the objection. Effective on 07/01/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.