Report Title:

Legislature; Eligibility

 

Description:

Proposes a constitutional amendment to require a candidate for the legislature to be a qualified voter prior to filing nomination papers for the primary election.

 

 

THE SENATE

S.B. NO.

477

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6, OF THE HAWAII CONSTITUTION, TO CHANGE THE ELIGIBILITY TO SERVE AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to article III, section 6, of the Constitution of the State of Hawaii to require that a candidate for a state legislative office be a qualified voter in the district in which the candidate seeks to represent prior to filing nomination papers for the primary election.

At present, a candidate has until the day of the general election to qualify for office from a particular district, and is not required to become a qualified voter in that district until after the results of the primary election are known. The proposed amendment requires a candidate to be a qualified voter in the district the person aspires to represent as a condition of filing nomination papers and of having the person's name placed on the ballot at the primary election.

The amendment would improve public confidence in the election process by reducing the potential for candidates to seek office in particular districts based on their chances of success, and eliminating the ability of candidates to move to the appropriate district only upon a favorable result in the primary election. The amendment also increases the likelihood that candidates will be more knowledgeable and interested in the district they seek to represent by virtue of having lived in the community.

SECTION 2. Article III, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"QUALIFICATIONS OF MEMBERS

Section 6. No person shall be eligible to serve as a member of the senate unless the person [shall have] has been a resident of the State for not less than three years, [have] has attained the age of majority and [be] is a qualified voter of the senatorial district from which the person seeks to be elected[.] prior to filing nomination papers for the primary election. No person shall be eligible to serve as a member of the house of representatives unless the person [shall have] has been a resident of the State for not less than three years, [have] has attained the age of majority and [be] is a qualified voter of the representative district from which the person seeks to be elected[.] prior to filing nomination papers for the primary election."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall a candidate seeking office in a state senatorial or state representative district be required to become a qualified voter in that district prior to filing nomination papers for the primary election?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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