HOUSE OF REPRESENTATIVES

H.B. NO.

104

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to candidates.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 12-8, Hawaii Revised Statutes, is amended follows:

     1.  By amending subsections (b) through (d) to read:

     "(b)  If an objection is made by a registered voter, the candidate objected [thereto] to 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 by an officer of a political party with the [circuit court,] office of elections, the candidate objected [thereto] to shall be notified of the objection by an officer of the political party by registered or certified mail.

     (d)  [Except for objections by an officer of a political party filed directly with the circuit court, the] 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."

     2.  By amending subsections (f) and (g) to read:

     "(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] office of elections for a prompt determination of the objection; provided that the complaint shall be filed with the [clerk of the circuit court not] office of elections no later than 4:30 p.m. on the sixtieth day or the next earliest working day prior to that election day.

     (g)  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."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Candidates; Office of Elections; Nomination Papers; Challenges; Hearings

 

Description:

Requires objections made by an officer of a political party to candidate nomination papers to be filed with and determined by the Office of Elections.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.