Bill Text: HI SB3 | 2013 | Regular Session | Introduced
Bill Title: Office of Hawaiian Affairs; Trustees; Election
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-07-09 - Became law without the Governor's signature, Act 287, 7/9/2013, (Gov. Msg. No. 1393). [SB3 Detail]
Download: Hawaii-2013-SB3-Introduced.html
|
THE SENATE |
S.B. NO. |
3 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to the office of hawaiian affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The board of trustees of the office of Hawaiian affairs is elected through a series of special elections held in conjunction with the biennial general election process. This special election process differs substantially from other elections because it lacks a primary election.
The lack of a primary election may create a large pool of trustee candidates competing in the general election. This may be problematic if more ballots are cast and dispersed among a number of unsuccessful candidates compared to the total number of ballots cast for winners. This outcome has occurred in each at-large trustee seat election since 1998 and has occurred in a number of island representative trustee seat elections.
In 2000, the general election ballot listed fifty-one candidates for three trustee at-large seats. The successful candidates won with only 6.8, 5.4, and 4.1 per cent of the total votes cast, respectively, while the rest of the votes were dispersed among the other candidates. Similarly, in 2006, there were fourteen candidates listed for three open trustee seats with the winners receiving 10.7, 9.8, and 8.5 per cent of the total votes cast, respectively. This pattern continued in 2012 when the winner out of six candidates vying for one at-large trustee seat received 23.8 per cent of the entire votes. The majority of the votes were cast for and dispersed among the other five candidates.
Furthermore, because the pool of trustee candidates is not narrowed by a primary election, incumbent trustees may be provided an unfair advantage. A number of studies have shown that incumbent candidates for any political offices hold a distinct advantage over challengers. Under the special election process for the board of trustees of the office of Hawaiian affairs, incumbent candidates may hold an even greater advantage due to the larger number of candidates vying for a few open seats.
The legislature finds that implementing a primary election will address this problem by narrowing the pool of trustee candidates eligible in the general election, thereby limiting the dispersion of votes cast among a large pool of candidates. As a result, the successful candidate will receive votes from the majority of the electorate. Furthermore, establishing a primary election process will cost little for the office of elections to implement as costs should be neutralized as a result of eliminating the existing special election process.
The purpose of this Act is to repeal the special election process for the election of office of Hawaiian affairs board of trustees members and establish a system of nonpartisan primary and general elections to begin with the 2014 elections.
SECTION 2. Section 13D-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§13D-4[]] Election
of board members. [Members] (a) Beginning January 1, 2014,
members of the board of trustees shall be [elected at a special election
held in conjunction with the general election] nominated at a primary
election and elected at the general election in every even-numbered year.
Except as otherwise provided by this chapter, members shall be nominated and
elected in the manner prescribed by this title.
[Nomination papers.] (b) The
chief election officer shall prepare the nomination papers in such a manner
that a candidate desiring to file for election to the board shall be able to
specify whether the candidate is seeking a seat requiring residency on a
particular island or a seat without [such] a residency
requirement.
[Ballot.] (c) The board of
trustees ballot shall be prepared in such a manner that every voter qualified
and registered under section 13D-3 shall be afforded the opportunity to vote
for each and every candidate seeking election to the board. The ballot shall
contain the names of all board candidates arranged alphabetically; provided that
the names of candidates seeking seats requiring residency on a particular
island shall also be grouped by island of residency. Each eligible voter shall
be entitled to receive the board of trustees ballot and to vote for the number
of seats available.
(d) The two candidates receiving the highest number of votes for each available seat shall be nominated at the primary election for the general election; provided that if any candidate receives more than fifty per cent of the total votes cast for the available seat at the primary election, the chief election officer shall declare that candidate to be duly and legally elected. If, after the close of filing of nomination papers, there are only two qualified candidates for any seat requiring residency on a particular island, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot.
(e) Each voter registered to vote in the general election shall be entitled to receive the office of Hawaiian affairs ballot and to vote for the number of seats available on the respective islands.
(f) If there is only one qualified candidate for any seat requiring residency on a particular island, after the close of filing of nomination papers, the chief election officer shall declare the candidate to be duly and legally elected. If the number of qualified candidates for seats without a residency requirement is equal to or less than the number of the seats to be filled, after the close of filing of nomination papers, the chief election officer shall declare the candidates to be duly and legally elected.
(g) For any at-large seat without a residency requirement, the qualified candidates receiving the highest number of total votes at the primary election shall be declared by the chief election officer duly nominated for the general election; provided that the general election shall include no more than twice the number of qualified candidates as seats available."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Office of Hawaiian Affairs; Trustees; Election
Description:
Provides for the election of the office of Hawaiian affairs board members through a system of nonpartisan primary and general elections to begin with the 2014 elections.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
