SB195 SD1

SECTION 1. Section 13D-1, Hawaii Revised Statutes, is amended to read as follows:

"§13D-1 Board of trustees; number; composition. The board of trustees shall be composed of nine members elected [~~at-large~~] by qualified voters in the State[. Of the nine members to be elected one shall reside on the island of Hawaii; one shall reside on the island of Maui; and one shall reside on the island of Molokai; one shall reside on the island of Kauai; and one shall reside on the island of Oahu.] and apportioned among the four basic island units pursuant to the provisions of article IV of the Hawaii State constitution."

SECTION 2. Section 13D-2, Hawaii Revised Statutes, is amended to read as follows:

"§13D-2 Qualifications of board members. No person shall be eligible for election or appointment to the board unless the person is Hawaiian and is:

(1) [~~qualified~~] Qualified and registered to vote under the provisions of section 13D-3[,]; and

(2) [~~where residency on a particular island is a requirement, a~~] A resident [~~on the island for which seat~~] of the district in which the person is seeking election or appointment.

No member of the board shall hold or be a candidate for any other public office under the state or county governments in accordance with [~~Article~~] article II, section 7 of the Hawaii State Constitution [~~of the State~~]; nor shall a person be eligible for election or appointment to the board if that person is also a candidate for any other public office under the state or county governments.

For the purposes of this section, [~~The~~] the term "public office", [~~for purposes of this section,~~] shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster, or disaster relief."

SECTION 3. Section 13D-4, Hawaii Revised Statutes, is amended by amending subsections (b) through (f) to read as follows:

"(b) The chief election officer shall prepare the nomination papers in such a manner that a candidate desiring to file for election to the board shall be able to specify [~~whether~~] the district within which the candidate is seeking a seat [~~requiring residency on a particular island or a seat without a residency requirement~~].

[(c) The board of trustees ballot shall be prepared in such a manner that every voter qualified and registered under section 13D-3 shall be afforded the opportunity to vote for each and every candidate seeking election to the board. The ballot shall contain the names of all board candidates arranged in accordance with section 11‑115.]

[~~(d)~~] (c) Each voter registered to vote in the general election shall be entitled to receive [~~the~~] an office of Hawaiian affairs ballot [~~and to vote for the number of seats available on the~~] containing the names of all candidates seeking election to the board of trustees within the voter's respective [~~islands.~~] of trustees district.

[~~(e)~~] (d) [~~Any~~] Each election [~~with only one~~] to fill an available seat [~~without a residency requirement or for any available seat requiring residency on a particular island~~] shall be conducted as follows:

(1) If, after the close of filing of nomination papers, there is only one qualified candidate for any available seat, the chief election officer shall declare the candidate to be duly and legally elected, and the name of that candidate shall not appear on the primary or the general election ballot;

(2) If, after the close of filing nomination papers, there are only two qualified candidates for any available seat, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot; and

(3) If, at the close of filing of nomination papers, there are three or more qualified candidates for any available seat, the names of those candidates shall be listed on the primary election ballot. The two candidates receiving the highest number of votes for each available seat shall be nominated at the primary election for the general election; provided that if any candidate receives more than fifty per cent of the total votes cast for the available seat at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot."

[~~(f) Any election with three available seats without a residency requirement shall be conducted as follows:~~

~~(1)~~ If, after the close of filing of nomination papers, there are only three or less qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates to be duly and legally elected and the names of those candidates shall not appear on the primary or general election ballot;

~~(2)~~ If, after the close of filing of nomination papers, there are four, five, or six qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates duly nominated for the general election. The names of those candidates shall not appear on the primary election ballot; and

~~(3)~~ If, at the close of filing of nomination papers, there are seven or more qualified candidates for the available seats without a residency requirement, the names of those candidates shall be listed on the primary election ballot. The qualified candidates receiving the highest number of total votes at the primary election shall be declared by the chief election officer duly nominated for the general election provided that the general election shall include no more than twice the number of qualified candidates as seats available; provided further that if any candidate receives more than fifty per cent of the total votes cast for the available seats at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot."]

SECTION 4. Section 17-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Whenever any vacancy in the membership of the board of trustees occurs, the term of which ends at the next succeeding general election, the vacancy shall be filled by a two-thirds vote of the remaining members of the board. If the board fails to fill the vacancy within sixty days after it occurs, the governor shall fill the vacancy within ninety days after the vacancy occurs. [~~When island residency is required under section 13D-1, the~~] The person so appointed shall reside [~~on the island~~] in the district from which the vacancy occurred, and shall serve for the duration of the unexpired term.

(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 ninetieth day prior to 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 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. Pending the election, the board or the governor shall make a temporary appointment to fill the vacancy in the manner prescribed under subsection (a). [~~When island residency is required under section 13D-1, the~~] The person so appointed shall reside [~~on the island~~] in the district from which the vacancy occurred, and shall serve for the duration of the unexpired term and shall serve until the election of the person duly elected to fill such vacancy.

(2) If it occurs after the ninetieth day prior to the next succeeding primary election, the board or the governor shall make an appointment to fill the vacancy in the manner prescribed under subsection (a). [~~When island residency is required under section 13D-1, the~~] The person so appointed shall reside [~~on the island~~] in the district from which the vacancy occurred, and shall serve for the duration of the unexpired term."

SECTION 5. Section 25-2, Hawaii Revised Statutes, is amended to read as follows:

"§25-2 Duties. (a) Legislative reapportionment. The commission shall reapportion the members of each house of the legislature on the basis, method, and criteria prescribed by the Constitution of the United States and article IV of the Hawaii State Constitution. Pursuant thereto, the commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. Not more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice of a legislative reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days' notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed reapportionment plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in the basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, for consideration by the commission. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final legislative reapportionment plan. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final legislative reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the next five succeeding legislatures.

(b) Office of Hawaiian affairs board of trustees. The commission shall reapportion the members of the office of Hawaiian affairs board of trustees on the basis, method, and criteria prescribed by article IV of the Hawaii State Constitution. Pursuant thereto, the commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. Not more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice of an office of Hawaiian affairs board of trustees reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days' notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed reapportionment plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in the basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, for consideration by the commission. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final office of Hawaiian affairs board of trustees reapportionment plan. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final office of Hawaiian affairs board of trustees reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members until the next reapportionment plan becomes effective.

[~~(b)~~] (c) Congressional reapportionment. At times that may be required by the Constitution and that may be required by law of the United States, the commission shall redraw congressional district lines for the districts from which the members of the United States House of Representatives allocated to this State shall be elected. The commission shall first determine the total number of members to which the State is entitled and shall then apportion those members among single member districts so that the average number of persons in the total population counted in the last preceding United States census per member in each district shall be as nearly equal as practicable. In effecting the reapportionment and districting, the commission shall be guided by the following criteria:

(1) No district shall be drawn so as to unduly favor a person or political party;

(2) Except in the case of districts encompassing more than one island, districts shall be contiguous;

(3) Insofar as practicable, districts shall be compact;

(4) Where possible, district lines shall follow permanent and easily recognized features such as streets, streams, and clear geographical features, and when practicable, shall coincide with census tract boundaries;

(5) Where practicable, state legislative districts shall be wholly included within congressional districts; and

(6) Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.

Not more than one hundred days from the date on which all members are certified, the commission shall cause public notice to be given of a congressional reapportionment plan prepared and proposed by the commission. The commission shall conduct public hearings on the proposed plan in the manner prescribed under subsection (a). At least one public hearing shall be held in each basic island unit after initial public notice of the plan. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final congressional reapportionment plan. Within fourteen days after filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final congressional reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the United States House of Representatives allocated to this State for the next five succeeding congresses."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval and upon ratification of a constitutional amendment amending the requirements of the reapportionment commission to establish a reapportionment plan to draw district lines for the members of the office of Hawaiian affairs board of trustees.

THE SENATE	S.B. NO.	195
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII