HB1680.DOC

SECTION 1. The legislature finds that the United States Congress operates on a seniority system of granting privileges to its members (senators and representatives) who have served the longest. Those privileges range from the selection of members' offices to committee assignments. In addition, members with a longer term of service on a committee assume senior status and wield more power in the committee. Seniority is also often considered in awarding committee chair positions.

The legislature further finds that it is in the best interest of the State for Hawaii's congressional delegation to accumulate seniority in office as quickly as possible to ensure that the delegation can successfully represent Hawaii's citizens. One possibility of assisting Hawaii's delegation in rapidly building seniority would be to automatically appoint newly-elected members of Congress to office immediately if the incumbent vacates the office after the general election but prior to the end of the incumbent's term, which is January 3 as established under Section 1 of the Twentieth Amendment to the United States Constitution. Under those circumstances, an automatic procedure would be in place to ensure that Hawaii's newly-elected congressional members will assume office earlier than newly-elected members from other states who must wait for the incumbent's term to expire.

The purpose of this Act is to establish an automatic procedure that allows Hawaii's newly-elected members of Congress, under certain circumstances, to begin their terms of office with greater seniority that maximizes their ability to represent this State, by providing that when a candidate other than the incumbent is elected to Congress, and the incumbent vacates the office prior to the expiration of the incumbent's term, the governor must appoint the member-elect to immediately fill the vacancy.

SECTION 2. Section 17-1, Hawaii Revised Statutes, is amended to read as follows:

"§17-1 United States senator. [~~When~~] (a) Except as otherwise provided in subsection (b), 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 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 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. All candidates for the unexpired term shall be nominated and elected in accordance with this title.

(b) Notwithstanding any provision of subsection (a) to the contrary, when:

(1) A candidate other than the incumbent is duly elected to the office of United States senator at a general election; and

(2) The incumbent vacates the office at any time following the general election but prior to the expiration of the incumbent's term of office;

the governor, no later than the next business day after receiving official notice of the vacancy, shall appoint the person duly elected to succeed the incumbent to immediately fill the vacancy."

SECTION 3. Section 17-2, Hawaii Revised Statutes, is amended to read as follows:

"§17-2 United States representative. [~~When~~] (a) Except as otherwise provided in subsection (b), when a vacancy occurs in the representation of this State in the United States House of Representatives, the chief election officer shall issue a proclamation for an election to fill the vacancy. The proclamation shall be issued not later than on the sixtieth day prior to the election to fill the vacancy and shall contain the date, time, and places where the special election is to be held, the time within which nomination papers shall be filed, the time for transmitting to county clerks the notice designating the offices for which candidates are to be elected, the time for transmitting to county clerks lists of candidates to be voted for at the special election and such other matter as provided for in section 11-91 and which are not inconsistent with this section. The special election shall be conducted and the results ascertained so far as practicable, in accordance with this title.

(b) Notwithstanding any provision of subsection (a) to the contrary, when:

(1) A candidate other than the incumbent is duly elected to the office of United States representative at a general election; and

(2) The incumbent vacates the office at any time following the general election but prior to the expiration of the incumbent's term of office;

the governor, no later than the next business day after receiving official notice of the vacancy, shall appoint the person duly elected to succeed the incumbent to immediately fill the vacancy."

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.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1680
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII