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THE SENATE |
S.B. NO. |
2819 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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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. The legislature finds that provisions within the National Defense Authorization Act for Fiscal Year 2010, Public Law Number 111-84, requires states to mail absentee ballots to uniformed and overseas voters no later than forty-five days prior to elections for federal office. The legislature also finds that Hawaii law allows only forty-five days between primary and general elections, making meeting the federal mailing deadlines an impossibility.
Federal law allows for a state to request a waiver of the requirement on an election-by-election basis, if the state can show that it has alternative means by which it can ensure access to the ballot for overseas voters. The law further provides that the request must be made more than ninety days before the general election and that the approval or denial of the request will occur no later than sixty-five days before the general election.
With this in mind, state election officials sought to immediately submit the State of Hawaii's application for this waiver, but they have been informed that the federal government is still determining the specifics of the waiver application process and, as such, are not accepting applications at this time.
The purpose of this Act is to move Hawaii's primary election date to the second Saturday in August and to move the deadline for filing nomination papers to the first Tuesday in June.
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 [at the polling place for
each precinct] on the second [to the last] Saturday of [September]
August in every even numbered year[; provided that in no case shall
any primary election precede a general election by less than forty-five days].
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."
SECTION 3. Section 12-6, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) [Nomination papers shall be filed
as follows:
(1)] For members of Congress, state, and 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 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.] first Tuesday in June;
provided that for a special primary or special election, the filing deadline
will 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.
[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.
[](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 [not
later than 4:30 p.m. on the fiftieth day prior to the primary, special primary,
or special election.] until 4:30 p.m. on the tenth day after the
original close of filing."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050, and shall apply to the primary elections held prior to the regularly scheduled general election held in November 2060, and every election thereafter, but shall not apply to any special election held before November 2010.
Report Title:
Elections; Primary Election Dates; Filing Deadline
Description:
Changes the date of the primary election to the second Saturday of August for primary elections, including the OHA board. Changes the filing deadline for nomination papers to the first Tuesday in June, except for special primary or special elections. Effective 07/01/2050, shall apply to the primary elections held prior to the regularly scheduled general election held in November 2060, and every election thereafter. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.