Bill Text: HI SB1214 | 2010 | Regular Session | Introduced
Bill Title: Elections; Nomination Papers; Filing; Withdrawal
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1214 Detail]
Download: Hawaii-2010-SB1214-Introduced.html
Report Title:
Elections; Nomination Papers; Filing; Withdrawal
Description:
Specifies that candidates shall give written notice of withdrawal. Clarifies withdrawal is effective upon receipt of written notice. Requires incumbents to file nomination papers 3 days earlier than other candidates. Provides that where a candidate files nomination papers for more than one office, all previously filed papers are automatically withdrawn effective as of the time of filing the subsequent nomination papers.
THE SENATE |
S.B. NO. |
1214 |
TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTIONS.
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 not 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
twentieth day prior to an election for reasons of ill health. [When a
candidate withdraws for ill health, the] The candidate shall give the
notice of withdrawal 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 effective upon receipt by the chief
election office or the county clerk, as appropriate. When a candidate
withdraws for ill health, the notice of withdrawal shall be
accompanied by a statement from a licensed physician indicating that such ill
health may endanger the candidate's life."
SECTION 2. Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Nomination papers shall not be filed
in behalf of any person for more than one party or for more than one office;
nor shall any person file nomination papers both as a party candidate and as a
nonpartisan candidate[.]; provided that if nomination papers are
filed on behalf of a person for more than one office, all previously filed
nomination papers shall be deemed automatically withdrawn, and the withdrawal
shall be effective at the time the subsequent nomination papers are filed."
SECTION 3. Section 12-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Nomination papers shall be filed as follows:
(1) For members of Congress, state, and county
offices, nomination papers shall be filed with the chief election officer, or
clerk in case of county offices, not later than 4:30 p.m. on the sixtieth
calendar day prior to the primary, special primary, or special election
provided that if such day is a Saturday, Sunday, or holiday then not later than
4:30 p.m. on the first working day immediately preceding[.]; provided
that candidates who are incumbents shall file nomination papers on the
fifty-seventh calendar day prior to the primary, special primary, or special
election provided that if such day is a Saturday, Sunday, or holiday then not
later than 4:30 p.m. on the first working day immediately preceding. 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. However, if a special primary or special election
is to be held by a county and the county charter requires that the council
shall issue a proclamation calling for the election to be held within a
specified period of time, and if that requirement would not allow the filing of
nomination papers with the appropriate office by the sixtieth calendar day
prior to the day for holding the special primary or special election, the
council shall establish the deadline for the filing of nomination papers in the
proclamation calling for the election; and
(2) For the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, not later than 4:30 p.m. on the sixtieth calendar day prior to the primary election referred to in paragraph (1); provided that if that day is a Saturday, Sunday, or holiday, then not later than 4:30 p.m. on the first working day immediately preceding."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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