HB364

SECTION 1. The legislature finds that the legislators who serve at the federal and state levels work on behalf of the people. However, the legislature notes that under existing law, when a vacancy occurs in the offices of United States senator, state senator, or state representative, the people may experience a delay in choosing a replacement at the ballot box. For example, with respect to a vacancy in the office of United States senator, the governor appoints a person to temporarily fill the position until the next general election, which, in some cases, may not occur for two years after the vacancy.

The purpose of this Act is to return the power of choice to voters by:

(1) Requiring special elections in certain circumstances when there are vacancies in the offices of United States senator, state senator, and state representative; and

(2) Establishing deadlines for holding special elections for vacancies in the foregoing offices and the office of United State representative.

SECTION 2. Section 17-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as 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] as follows:

(1) The vacancy shall be filled at a special election held in conjunction with the following state general election[;] or other statewide special election, whichever occurs sooner; provided that the vacancy occurs not sooner than thirty days prior to and not later than [~~4:30 p.m. on the twenty-first day prior to the date specified in section 12-6 for the close of filing nomination papers for regularly scheduled elections; otherwise at~~] one hundred eighty days prior to the respective state general election [~~next following.~~] or other statewide special election; or

(2) If the circumstances described in paragraph (1) do not apply, then the vacancy shall be filled at a special election to be called by the chief election officer within ten days after the vacancy occurs and to be held within one hundred twenty days after the vacancy occurs.

The chief election officer shall issue a proclamation [~~designating~~] with respect to the special election [~~for filling~~] to fill the vacancy. [~~All candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12‑6 and shall be nominated and elected in accordance with this title.~~] The proclamation shall be issued not later than on the tenth day after the vacancy occurs 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 any other matters as provided for in section 11-91 that are not inconsistent with this section. The special election shall be conducted and the results ascertained in accordance with this title. A special election held pursuant to paragraph (2) may be conducted by mail or by other means in accordance with this title. 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."

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

"§17-2 United States representative. When a vacancy occurs in the representation of this State in the United States House of Representatives, the vacancy shall be filled for the unexpired term as follows:

(1) The vacancy shall be filled at a special election held in conjunction with the following state general election or other special election in which all eligible voters for the congressional district may vote, whichever occurs sooner; provided that the vacancy occurs not sooner than thirty days prior to and not later than one hundred eighty days prior to the respective state general election or other special election; or

The chief election officer shall issue a proclamation [~~for an~~] with respect to the special 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~~] tenth day after the vacancy occurs 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. A special election held pursuant to paragraph (2) may be conducted by mail or by other means in accordance with this title."

SECTION 4. Section 17-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:

[(1) If it occurs not later than on the tenth day prior to the close of filing for the next succeeding primary election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall be nominated and elected in accordance with this title. Pending the election, the governor shall make a temporary appointment to fill the vacancy, and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;

~~(2)~~ If it occurs later than on the tenth day prior to the close of filing for the next succeeding primary election but not later than on the sixtieth day prior to the next succeeding primary election, or if there are no qualified candidates for any party or nonpartisan candidates qualified for the primary election ballot, nominations for the unexpired term may be filed not later than 4:30 p.m. on the fiftieth day prior to the next succeeding primary election. 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 and the person appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;

~~(3)~~ If it occurs after the sixtieth day prior to the next succeeding primary but not later than on the fiftieth day prior to the next succeeding general election, or if there are no qualified candidates for any party or nonpartisan candidates in the primary, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Party candidates for the unexpired senate term shall be nominated by the county committees of the parties not later than 4:30 p.m. on the fortieth day prior to the general election; nonpartisan candidates may file nomination papers for the unexpired term not later than 4:30 p.m. on the fortieth day prior to the general election with the nonpartisan candidate who is to be nominated to be decided by lot, under the supervision of the chief election officer. The candidates for the unexpired term shall be elected in accordance with this title. Pending the election, the governor shall make a temporary appointment to fill the vacancy, and the person appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;

~~(4)~~ If it occurs after the fiftieth day prior to the next succeeding general election or if no candidates are nominated, the governor shall make an appointment to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party.]

(1) The vacancy shall be filled at a special election held in conjunction with the following state general election or other special election in which all eligible voters for the legislative district may vote, whichever occurs sooner; provided that the vacancy occurs not sooner than thirty days prior to and not later than one hundred eighty days prior to the respective state general election or other special election; or

The chief election officer shall issue a proclamation with respect to the special election to fill the vacancy. The proclamation shall be issued not later than on the tenth day after the vacancy occurs 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 matters 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 in accordance with this title. A special election held pursuant to paragraph (2) may be conducted by mail or by other means in accordance with this title. 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."

SECTION 5. Section 17-4, Hawaii Revised Statutes, is amended to read as follows:

"§17-4 State representatives. (a) Whenever any vacancy in the membership of the state house of representatives occurs, the term of which ends less than one year from the date of the vacancy:

(1) The governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee 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 political party. The appointee shall, at the time of appointment, be a resident of the same state representative district as the prior incumbent. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy[.]; and

[~~(b)~~] (2) If the prior incumbent was not a member of any political party, the governor, within sixty calendar days following the first day of vacancy, shall appoint a person who is at the time of appointment a resident of the same state representative district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party.

(b) In the case of a vacancy, the term of which ends not less than one year from the date of the vacancy, the vacancy shall be filled at a special election to be held within one hundred twenty days after the vacancy occurs. The chief election officer shall issue a proclamation with respect to the special election to fill the vacancy. The proclamation shall be issued not later than on the tenth day after the vacancy occurs 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 any other matters as provided for in section 11-91 that are not inconsistent with this section. The special election shall be conducted and the results ascertained in accordance with this title, and may be conducted by mail or by other means in accordance with this title."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	364
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII