Bill Text: HI SB2145 | 2018 | Regular Session | Amended
Bill Title: Relating To Vacancies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-02-20 - Referred to JUD, referral sheet 28 [SB2145 Detail]
Download: Hawaii-2018-SB2145-Amended.html
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THE SENATE |
S.B. NO. |
2145 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VACANCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 17-3, Hawaii Revised Statutes, is amended to read as follows:
"§
(1) The governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be at the time of appointment, and for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy; and
(2) If the prior incumbent was not a member of any political party, the governor shall, within sixty calendar days following the first day of vacancy, appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and who is not, and has not been for at least six months prior to the appointment, a member of any political party.
(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 tenth day prior to the close of filing for the next succeeding primary election, as specified in section 12-6, 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. Notwithstanding any law to the contrary, all candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12-6 for the next succeeding primary election. All candidates for the unexpired term shall be nominated and elected in accordance with this title. Pending the election, the governor shall make a temporary appointment to fill the vacancy, and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;
(2) If it occurs later than on the tenth day prior
to the close of filing for the next succeeding primary election but not later
than [on the sixtieth day prior to] the close of filing for the
next succeeding primary election, or if there are no qualified candidates for
any party or nonpartisan candidates qualified for the primary election ballot, notwithstanding
any law to the contrary, nominations for the unexpired term may be filed
not later than 4:30 p.m. on the [fiftieth day prior to the next succeeding
primary election.] tenth day after the vacancy occurred, but if the day
is a Saturday, Sunday, or holiday, then at 4:30 p.m. on the first working day
immediately thereafter. The chief
election officer shall issue a proclamation designating the election for
filling the vacancy. Pending the
election the governor shall make a temporary appointment to fill the vacancy
and the person appointed shall serve until the election of the person duly
elected to fill the vacancy. The
governor shall make the appointment from a list of three prospective appointees
submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the
appointment, and shall have been, for at least six months immediately prior to
the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was
not a member of any political party, the governor shall appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party;
(3) If it occurs after the [sixtieth day prior
to] date specified in section 12-6 for the close of filing nomination
papers for the next succeeding primary but not later than on the [fiftieth]
ninety-fifth day prior to the next succeeding general election, or if
there are no qualified candidates for any party or nonpartisan candidates in
the primary, 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. Party candidates for
the unexpired senate term shall be nominated by the county committees of the
parties and the county committees of the parties shall notify the chief election
officer not later than 4:30 p.m. on the [fortieth] seventy-fifth
day prior to the general election; provided that each nominated candidate
fills out an application for nomination papers and signs the proper
certification on the nomination paper and takes either an oath or affirmation
as provided by law; nonpartisan candidates may file nomination papers for
the unexpired term not later than 4:30 p.m. on the [fortieth] seventy-fifth
day prior to the general election with the nonpartisan candidate who is to be
nominated to be decided by lot, under the supervision of the chief election
officer. The candidates for the
unexpired term shall be elected in accordance with this title. Pending the election, the governor shall make
a temporary appointment to fill the vacancy, and the person appointed shall
serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from
a list of three prospective appointees submitted by the same political party as
the prior incumbent. The appointee shall
be, at the time of the appointment, and shall have been, for at least six
months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was
not a member of any political party, the governor shall appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party; and
(4) If it occurs after the [fiftieth] ninety-fifth
day prior to the next succeeding general election or if no candidates are
nominated, the governor shall make an appointment to fill the vacancy for the
unexpired term by selecting a person from a list of three prospective
appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the
appointment, and shall have been, for at least six months immediately prior to
the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was
not a member of any political party, the governor shall appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2035.
Report Title:
Office of Elections Package; State Senate; Vacancy
Description:
Amends the deadlines for filing nomination papers, nominations, and notification to the chief election officer with respect to a vacancy in the state senate. Effective 7/1/2035. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
