Bill Text: HI SB1005 | 2024 | Regular Session | Amended
Bill Title: Relating To The Election Of The President.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2024-03-25 - Received notice of discharge of all conferees (Hse. Com. No. 457). [SB1005 Detail]
Download: Hawaii-2024-SB1005-Amended.html
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THE SENATE |
S.B. NO. |
1005 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ELECTION OF THE PRESIDENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 12-1, Hawaii Revised Statutes, is amended to read as follows:
"§12-1 Application of chapter. All candidates for elective office, except as
provided in section 14-21, shall be nominated in accordance with this chapter
and not otherwise. This chapter is applicable to the
presidential preference primary, but in no way shall it supersede section
11-113 concerning the names that will appear on the general election ballot."
SECTION 2. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:
"§12-2
Primary held when; candidates only those nominated. The primary shall be held on the second
Saturday of August in every even numbered year[.]; provided that the
presidential preference primary shall be held on the first Tuesday after the first
Monday in March in any year that is evenly divisible by the number four and at
which delegations to national party conventions are to be chosen; provided
further that the parties shall be allowed to opt out of the presidential
preference primary six months before the presidential preference primary
election date.
No
person shall be a candidate for any general or special general election unless
the person has been nominated in the immediately preceding primary or special
primary[.]; provided that, consistent with section 11-113, a presidential preference primary election candidate who
is not the winner of the presidential preference primary election shall not be
precluded from appearing on the general election ballot."
SECTION 3. Section 12-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§12-2.5 Nomination papers; when available. Nomination papers shall be made available
from the first working day of February in every even-numbered year; provided
that in the case of a special primary or special election, nomination papers
shall be made available [at least] not fewer than ten days prior
to the close of filing[.]; provided further that
nomination papers for a presidential preference primary election shall only be
for political parties recognized under section 11-61 and shall become available
not later than days before the
presidential preference primary election to which they correspond."
SECTION 4. Section 12-4, Hawaii Revised Statutes, is amended to read as follows:
"§12-4 Nomination papers; qualifications of signers. (a) No person shall sign the nomination papers of more than one candidate, partisan or nonpartisan, for the same office, unless there is more than one office in a class in which case no person shall sign papers for more than the actual number of offices in a class. Nomination papers shall be construed in this regard according to priority of filing, and the name of any person appearing thereon shall be counted only so long as this provision is not violated, and not thereafter.
(b) Names on nomination papers shall not be counted, unless the signer is a registered voter and is eligible to vote for the candidate. The chief election officer or clerk shall use the most currently compiled general county register available at the time the nomination paper is presented for filing to determine the eligibility of the registered voters to sign for the candidate. Voter registration affidavits that have not been entered into the voter register by the clerk shall not be considered or accepted for this check. At the time of filing, the chief election officer or clerk may reject the candidate's nomination paper for lack of sufficient signers who are eligible to vote for the candidate.
(c) Any registered voter who, after signing a nomination paper, seeks to withdraw the voter's signature shall do so by providing written notice to the chief election officer, or clerk in the case of a county office, any time before the filing of the candidate's nomination paper; provided that the notice is received by the chief election officer, or clerk in the case of a county office, no later than 4:30 p.m. on the fourth business day prior to the close of filing pursuant to section 12-6. The written notice shall include the voter's name, residence address, the month and date portions of the voter's date of birth, the voter's signature, the name of the candidate, and a statement that the voter wishes to remove the voter's signature from the candidate's nomination paper; provided that the written notice shall not require the voter's social security number or any portion thereof and the year portion of the voter's date of birth. Any request by a registered voter to remove the voter's signature from a candidate's nomination paper that is received by the chief election officer, or clerk in the case of a county office, after the candidate's nomination paper has been filed or after 4:30 p.m. on the fourth business day prior to the close of filing shall not be accepted.
(d) Within twenty-four hours upon receipt of a written notice pursuant to subsection (c), the chief election officer, or clerk in the case of a county office, shall send written notice via registered mail to the candidate that the voter requested to have the voter's signature removed from the candidate's nomination paper and that the signature of the voter shall not be counted.
(e) This section shall
apply to candidates seeking to appear on the presidential preference primary
ballot for a political party recognized under section 11-61."
SECTION 5. Section 12-5, Hawaii Revised Statutes, is amended to read as follows:
"§12-5 Nomination papers: number of signers. (a) Nomination papers for candidates for president shall be signed by not less than one hundred voters of the State.
[(a)]
(b) Nomination papers for
candidates for members of Congress, governor, and lieutenant governor shall be
signed by not less than twenty-five registered voters of the State or of the
Congressional district from which the candidates are running in the case of
candidates for the United States House of Representatives.
[(b)]
(c) Nomination papers for
candidates for either branch of the legislature and for county office shall be
signed by not less than fifteen registered voters of the district or county or
subdivision thereof for which the person nominated is a candidate.
[(c)]
(d) Nomination papers for
candidates for members of the board of trustees of the office of Hawaiian
affairs shall be signed by not less than twenty-five persons registered to vote.
[(d)]
(e) No signatures shall be
required on nomination papers for candidates filing to run in a special primary
or special election to fill a vacancy."
SECTION 6. Section 12-6, Hawaii Revised Statutes, is amended to read as follows:
"§12-6
Nomination papers: time for
filing; fees. (a) For members of Congress, state offices,
county offices, and the board of trustees for the office of Hawaiian affairs,
nomination papers shall be filed with the chief election officer, or clerk in
case of county offices, [not] no later than 4:30 p.m. on the
first Tuesday in June[.]; provided that nomination
papers for presidential candidates shall be filed with the chief election
officer not later than 4:30 p.m. on the eighty-fifth day before the date of the
primary election. However, in
the event of a special primary or special election, the filing deadline shall
be determined in the proclamation that is issued calling for the election as
provided for by state law or county charter.
A state candidate from the counties of Hawaii, Maui, and Kauai may file
the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the
chief election officer the state candidate's declaration of candidacy without
delay.
(b) If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall accept nomination papers for that office until 4:30 p.m. on the tenth day after the original close of filing.
[[](c)[]] There shall be deposited with each nomination
paper a filing fee on account of the expenses attending the holding of the
primary, special primary, or special election, which shall be paid into
the treasury of the State, or county, as the case may be, as a realization:
(1) For president of the United
States--$3,000;
[(1)] (2) For United States senators and United States
representatives--$75;
[(2)] (3) For governor and lieutenant
governor--$750;
[(3)] (4) For mayor--$500; and
[(4)] (5) For all other offices--$250.
[[](d)[]] Upon the receipt by the chief election
officer or the clerk of the nomination paper of a candidate, the day, hour, and
minute when it was received shall be endorsed thereon.
(e) Upon the showing of a certified copy of an
affidavit [which] that has been filed with the campaign spending
commission pursuant to section 11-423 by a candidate who has voluntarily agreed
to abide by spending limits, the chief election officer or clerk shall discount
the filing fee of the candidate by the following amounts:
(1) For the office of governor and lieutenant governor--$675;
(2) For the office of mayor--$450; and
(3) For all other offices--$225.
[[](f)[]] The chief election officer or clerk shall
waive the filing fee in the case of a person who declares, by affidavit, that
the person is indigent and who has filed a petition signed by currently registered
voters who constitute at least one-half of one per cent of the total voters
registered at the last preceding general election in the respective district or
districts which correspond to the specific office for which the indigent person
is a candidate. This petition shall be
submitted on the form prescribed and provided by the chief election officer
together with the nomination paper required by this chapter."
SECTION 7. Section 12-7, Hawaii Revised Statutes, is amended to read as follows:
"§12-7 Filing of oath. The name of no candidate for any office shall be printed upon any official ballot, in any election, including a presidential preference primary election, unless the candidate shall have taken and subscribed to the following written oath or affirmation, and filed the oath with the candidate's nomination papers.
The written oath or affirmation shall be in the following form:
"I,..............., do solemnly swear and declare, on oath that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will faithfully discharge my duties as.....(name of office)...............to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; So help me God."
Upon being satisfied as to the sincerity of any person claiming that the person is unwilling to take the above prescribed oath only because the person is unwilling to be sworn, the person may be permitted, in lieu of the oath, to make the person's solemn affirmation which shall be in the same form as the oath except that the words "sincerely and truly affirm" shall be substituted for the word "swear" and the phrases "on oath" and "So help me God" shall be omitted. Such affirmation shall be of the same force and effect as the prescribed oath.
The oath or affirmation shall be subscribed before the officer administering the same, who shall endorse thereon the fact that the oath was subscribed and sworn to or the affirmation was made together with the date thereof and affix the seal of the officer's office or of the court of which the officer is a judge or clerk.
It shall be the duty of every notary public or other public officer by law authorized to administer oaths to administer the oath or affirmation prescribed by this section and to furnish the required endorsement and authentication."
SECTION 8. Section 12-8, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
All nomination papers filed in conformity with section 12-3 shall be
deemed valid unless objection is made thereto by a registered voter, an officer
of a political party whose name is on file with the chief election officer, the
chief election officer, or the county clerk in the case of a county
office. All objections shall be filed in
writing not later than 4:30 p.m. on the sixtieth day or the next earliest
working day prior to the primary or special election[.]; provided
that objections to the nomination papers of
presidential candidates shall be filed in writing not later than 4:30 p.m. on
the seventy-fifth day or the next earliest working day before the presidential
preference primary election."
2. By amending subsection (f) 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 for a prompt
determination of the objection; provided that the complaint shall be filed with
the clerk of the circuit court not later than 4:30 p.m. on the sixtieth day or
the next earliest working day prior to that election day[.]; provided
that the complaint shall be filed with the clerk of the
circuit court not later than 4:30 p.m. on the seventy-fifth day or the next
earliest working day before the presidential preference primary election."
SECTION 9. Section 12-9, Hawaii Revised Statutes, is amended to read as follows:
"§12-9 List of candidates. As soon as possible but not later than 4:30
p.m. on the fifth day after the close of filing the chief election officer
shall transmit to each county clerk and the county clerk shall transmit to the
chief election officer certified lists containing the names of all persons, the
office for which each is a candidate, and their party designation, or
designation of nonpartisanship, as the case may be, for whom nomination papers
have been duly filed in his office and who are entitled to be voted for at the
primary, special primary or special election[.]; provided that no
nonpartisan candidates shall be permitted in a presidential preference primary
election."
SECTION 10. Section 12-21, Hawaii Revised Statutes, is amended to read as follows:
"§12-21 Official party 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 be printed on separate ballots, or on a single
ballot[.]; provided that there shall not be
any names of nonpartisan candidates on the ballot for a presidential preference
primary election. 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 11. Section 12-31, Hawaii Revised Statutes, is amended to read as follows:
"§12-31 Selection of party 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 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 party or only for nonpartisan candidates[.];
provided that there shall not be any nonpartisan candidates to vote for in a
presidential preference primary election.
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 ballot the
voter voted in any preceding primary or special primary election[.];
provided that there shall not be any nonpartisan candidates to vote for in a
presidential preference primary election."
SECTION 12. Section 12-41, Hawaii Revised Statutes, is amended to read as follows:
"§12-41 Result of election. (a)
The person or 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 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,
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.
(c)
Notwithstanding subsections (a) and (b), a
candidate who receives the most votes in a presidential preference primary
election shall not necessarily appear on the general election ballot. The candidates who appear on the general
election ballot shall be determined in a manner consistent with section 11-113.
SECTION 13. 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, 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.
(c) Notwithstanding subsection (a), an unopposed candidate in a presidential preference primary election shall not be considered to have won the general election outright."
SECTION 14. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 for the administration of the presidential preference primary.
The sum appropriated shall be expended by the office of elections for the purposes of this Act.
SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect on July 1, 2050; provided that the implementation of the presidential preference primary shall take effect on June 1, 2023.
Report Title:
Primary Election; The President; Establishment; Appropriation
Description:
Establishes presidential preference primaries. Makes an appropriation. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
