Bill Text: HI HB415 | 2011 | Regular Session | Introduced
Bill Title: Primary Elections; Nonpartisan
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-24 - (H) Referred to JUD, referral sheet 1 [HB415 Detail]
Download: Hawaii-2011-HB415-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
415 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRIMARY ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish a primary election in which an individual may cast a vote for any candidate, regardless of the voter's or candidate's political party affiliation or nonpartisanship. The two persons that receive the most votes for each elective office in any primary election advance as candidates to the general election, regardless of party affiliation or nonpartisanship.
SECTION 2. Section 11-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any party [which] that
does not meet the following requirements or the requirements set forth in
sections 11-62 to 11-64, shall be subject to disqualification:
(1) A party must have had candidates running for
election at the last [general] primary election for any of the
offices listed in paragraph (2) whose terms had expired. This does not include
those offices which were vacant because the incumbent had died or resigned
before the end of the incumbent's term; and
(2) The party received at least ten per cent of all votes cast:
(A) For any of the offices voted upon by all the voters in the State; or
(B) In at least fifty per cent of the congressional districts; or
(3) The party received at least four per cent of all the votes cast for all the offices of state senator statewide; or
(4) The party received at least four per cent of all the votes cast for all the offices of state representative statewide; or
(5) The party received at least two per cent of all the votes cast for all the offices of state senate and all the offices of state representative combined statewide."
SECTION 3. Section 12-21, Hawaii Revised Statutes, is amended to read as follows:
"§12-21 Official [party] primary
or special primary ballots. The primary or special primary ballot
shall be clearly designated as such. The names of the candidates of each party
qualifying under section 11-61 or 11-62 and of nonpartisan candidates [may]
shall be printed on [separate ballots, or on] a single ballot.
The name of each party and the nonpartisan designation shall be distinctly
printed and sufficiently separate from each other. The names of all candidates
shall be printed on the ballot [as provided in section 11-115]. When
the names of all candidates [of the same party] for the same office
exceed the maximum number of voting positions on a single side of a ballot
card, the excess names may be arranged and listed on both sides of the ballot
card and additional ballot cards if necessary. [When separate ballots for
each party are not used, the order in which parties appear on the ballot,
including nonpartisan, shall be determined by lot.]
The chief election officer or the county clerk,
in the case of county elections, shall approve printed samples or proofs of the
[respective party] ballots as to uniformity of size, weight, shape, and
thickness prior to final printing of the official ballots."
SECTION 4. Section 12-31, Hawaii Revised Statutes, is amended to read as follows:
"§12-31 [Selection]
Issuance of [party] primary or special primary ballot;
voting. No person eligible to vote in any primary or special primary
election shall be required to state a party preference or nonpartisanship as a
condition of voting. Each voter shall be issued [the] a primary
or special primary ballot [for each party and the nonpartisan primary or
special primary ballot]. A voter shall be entitled to vote [only]
for candidates of [one] any party or [only] for
nonpartisan candidates. [If the primary or special primary ballot is marked
contrary to this paragraph, the ballot shall not be counted.]
In any primary or special primary election [in
the year 1979 and thereafter], a voter shall be entitled to [select and
to] vote the ballot [of any one party or nonpartisan,],
regardless of which party or nonpartisan ballot the voter voted in any
preceding primary or special primary election."
SECTION 5. Section 12-41, Hawaii Revised Statutes, is amended to read as follows:
"§12-41 Result of election. [(a)]
The [person or] two persons receiving the greatest number of
votes at the primary or special primary [as a candidate of a party] for
an office shall be the [candidate] only candidates for that office listed
on the ballot [of the party] at the following general or special
general election [but not more candidates for a party than there are offices
to be elected]; provided that any candidate for any county office who is
the sole candidate for that office at the primary or special primary election[,
or who would not be opposed in the general or special general election by any
candidate running on any other ticket, nonpartisan or otherwise, and who is
nominated at the primary or special primary election shall, after the primary
or special primary election,] shall be declared to be duly and
legally elected to the office for which the person was a candidate regardless
of the number of votes received by that candidate.
[(b) Any nonpartisan candidate receiving at
least ten per cent of the total votes cast for the office for which the person
is a candidate at the primary or special primary, or a vote equal to the lowest
vote received by the partisan candidate who was nominated in the primary or
special primary, shall also be a candidate at the following election; provided
that when more nonpartisan candidates qualify for nomination than there are offices
to be voted for at the general or special general election, there shall be
certified as candidates for the following election those receiving the highest
number of votes, but not more candidates than are to be elected.]"
SECTION 6. Section 12-42, Hawaii Revised Statutes, is amended to read as follows:
"§12-42 Unopposed candidates declared
elected. [(a)] Any candidate running for any office in the State
of Hawaii in a special election or special primary election who is the sole
candidate for that office [shall], after the close of filing of
nomination papers, shall be deemed and declared to be duly and legally
elected to the office for which the person is a candidate. The term of office
for a candidate elected under this subsection shall begin respectively on the
day of the special election or on the day of the immediately succeeding special
general election.
[(b) Any candidate running for any office
in the State of Hawaii in a special general election who was only opposed by a
candidate or candidates running on the same ticket in the special primary
election and is not opposed by any candidate running on any other ticket,
nonpartisan or otherwise, and is nominated at the special primary election
shall, after the special primary, be deemed and declared to be duly and legally
elected to the office for which the person is a candidate at the special
primary election regardless of the number of votes received. The term of
office for a candidate elected under this subsection shall begin on the day of
the special general election.]"
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.
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INTRODUCED BY: |
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Report Title:
Primary Elections; Nonpartisan
Description:
Amends the primary election laws to allow a voter to cast a vote for any candidate, regardless of the voter's or candidate's party affiliation or nonpartisanship. Requires that the 2 persons that receive the most votes in any primary advance to the general election, regardless of party affiliation or nonpartisanship.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
