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THE SENATE |
S.B. NO. |
2139 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VACANCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-117, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any candidate may withdraw in writing [not]
no later than 4:30 p.m. on the day immediately following the close of
filing for any reason and may withdraw after the close of filing up to 4:30
p.m. on the fiftieth day [prior to] before an election for
reasons of ill health. Any candidate may withdraw after the close of filing but
no later than the seventy-fifth day before the next general election to fill a
vacancy contemplated by sections 17-3 or 17-4. When a candidate withdraws for ill health,
the candidate shall give notice in writing to the chief election officer if the
candidate was seeking a congressional or state office, or the candidate shall
give notice in writing to the county clerk if the candidate was seeking a
county office. The notice shall be
accompanied by a statement from a licensed physician or physician assistant
indicating that such ill health may endanger the candidate's life.
A candidate who
withdraws the candidate's own nomination papers [prior to] before
the close of filing shall not be considered to have caused a vacancy that may
be filled by a party under section 11-118."
SECTION 2. Section 17-3, Hawaii Revised Statutes, is amended to read as follows:
"§
(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 for at least six months immediately [prior
to] before 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. The political party shall
submit the list of prospective appointees to the governor within thirty
calendar days following the first day of vacancy; and
(2) If the prior
incumbent was not a member of any political party, the governor shall, within
sixty calendar days following the first day of vacancy, appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and who is not, and has not been for at least six months [prior to]
before the appointment, a member of any political party.
(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]
no later than on the tenth day [prior to] before the close
of filing for the next succeeding primary election, as specified in section
12-6, 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. Notwithstanding
any law to the contrary, all candidates for the unexpired term shall file nomination
papers no later than the date and time specified in section 12-6 for the next
succeeding primary election. 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] before 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] before 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)] (2) If it occurs [after the sixtieth day prior
to the next succeeding primary] later than on the tenth day before the
close of filing for the next succeeding primary election, as specified in
section 12-6, but [not] no later than on the [fiftieth]
ninety-fifth day [prior to] before 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. Each candidate shall fill out an
application for nomination papers, sign the proper certification on the
nomination papers, and take either an oath or affirmation as provided by law. Party candidates for the unexpired senate
term shall be nominated by the county committees of the parties [not]. The chief elections officer shall be notified
of the nominations, and the nomination papers of the party candidates shall be
filed no later than 4:30 p.m. on the [fortieth] seventy-fifth
day [prior to] before the general election[; nonpartisan]. Nonpartisan candidates may file
nomination papers for the unexpired term [not] no later than 4:30
p.m. on the [fortieth] seventy-fifth day [prior to] before
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] before 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] before the appointment, a member of any political party;
[(4)] (3) If it occurs after the [fiftieth] ninety-fifth
day [prior to] before 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] before 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] before the appointment, a member of any political party."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act, upon its approval, shall take effect retroactive to June 17, 2020.
Report Title:
Office of Elections Package; Candidates; Withdrawal; State Legislature; Vacancies
Description:
Amends the deadline for candidates to withdraw in order to fill a state legislative vacancy. Amends filing deadlines for candidates attempting to fill vacant state senate seats. Effective retroactively to 6/17/2020. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.