REPORT TITLE:
Elections; Candidate Vacancies


DESCRIPTION:
Amends the election law to address the filing of candidate
vacancies for nonpartisan offices after the close of filing on
nomination papers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1468        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CANDIDATE VACANCIES.



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

 1      SECTION 1.  Section 11-1, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Nonpartisan elective office", an office for which a
 
 5 candidate is not required to be affiliated with a political
 
 6 party."
 
 7      SECTION 2.  Section 11-118, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "11-118  Vacancies; new candidates; insertion of names on
 
10 ballots.(a)  In case of death, withdrawal, or disqualification
 
11 of any party candidate after filing, the vacancy so caused may be
 
12 filled by the party.  The party shall be notified by the chief
 
13 election officer or the clerk in the case of a county office
 
14 immediately after the death, withdrawal, or disqualification.
 
15      (b)  If the party fills the vacancy, and so notifies the
 
16 chief election officer or clerk not later than 4:30 p.m. on the
 
17 third day after the vacancy occurs, but not later than 4:30 p.m.
 
18 on the fiftieth day prior to a primary or special primary
 
19 election or not later than 4:30 p.m. on the fortieth day prior to
 

 
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 1 a special, general, or special general election, the name of the
 
 2 replacement shall be printed in an available and appropriate
 
 3 place on the ballot, not necessarily in alphabetical order.  If
 
 4 the party fails to fill the vacancy pursuant to this subsection,
 
 5 no candidate's name shall be printed on the ballot for the party
 
 6 for that race.
 
 7      (c)  In case of death, withdrawal, or disqualification of
 
 8 any candidate for a county nonpartisan elective office after
 
 9 filing where, but for the candidate's vacancy, the vacating
 
10 candidate would have been deemed elected, the nonpartisan
 
11 candidate vacancy may be filled as follows:
 
12      (1)  If the vacancy occurs after the sixtieth day prior to
 
13           the next succeeding special, primary, or special
 
14           primary election but not later than the fiftieth day
 
15           prior to the next succeeding special, primary, or
 
16           special primary election, nomination papers for the
 
17           nonpartisan county elective office may be filed not
 
18           later than the fiftieth day prior to the next
 
19           succeeding special, primary, or special primary
 
20           election.  All candidates shall be nominated and
 
21           elected in accordance with this title.  The county
 
22           clerk shall issue an proclamation designating the
 
23           election for filling the candidate vacancy.  Signatures
 

 
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 1           shall not be required on nomination papers filed
 
 2           pursuant to this section and candidates shall pay the
 
 3           appropriate filing fee specified in this title.
 
 4      (2)  If the vacancy occurs after the fiftieth day prior to
 
 5           the next succeeding special, primary, or special
 
 6           primary election but not later than on the fiftieth day
 
 7           prior to the next succeeding special, general, or
 
 8           special general election, nomination papers for the
 
 9           nonpartisan county elective office may be filed not
 
10           later than the fiftieth day prior to the next
 
11           succeeding special, general, or special general
 
12           election.  All candidates shall be nominated and
 
13           elected in accordance with this title.  The county
 
14           clerk shall issue a proclamation designating the
 
15           election for filling the candidate vacancy.  Signatures
 
16           shall not be required on nomination papers filed
 
17           pursuant to this section and candidates shall pay the
 
18           appropriate filing fee specified in this title.
 
19      (3)  If the candidate vacancy occurs after the fiftieth day
 
20           prior to the next succeeding special, general, or
 
21           special general election or if no candidates are
 
22           nominated, the vacancy shall be filled in the manner
 
23           provided by law for vacancies from the failure of an
 

 
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 1           elected official to serve the official's full term in
 
 2           office because of death, withdrawal, or removal.
 
 3      [(c)] (d)  If the ballots have been printed and it is not
 
 4 reasonably possible to insert an alternate's name, the chief
 
 5 election officer shall issue a proclamation informing the public
 
 6 that the votes cast for the vacating candidate shall be counted
 
 7 and the results interpreted as follows:
 
 8      (1)  In a primary or special primary election:
 
 9           (A)  In partisan races, if, but for candidate's
 
10                vacancy, the vacating candidate would have been
 
11                nominated pursuant to section 12-41(a), a vacancy
 
12                shall exist in the party's nomination, to be
 
13                filled in accordance with subsection (b).
 
14           (B)  In nonpartisan races, if, but for the candidate's
 
15                vacancy, the vacating candidate would have
 
16                qualified as a candidate for the general or
 
17                special general election ballot pursuant to
 
18                section 12-41(b), the nonpartisan candidate who
 
19                received the next highest number of votes shall be
 
20                placed on the ballot provided that the candidate
 
21                also meets the requirements of section 12-41(b).
 
22      (2)  In a special, general, or special general election, if,
 
23           but for the candidate's vacancy, the vacating candidate
 

 
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 1           would have been elected, a vacancy shall exist in the
 
 2           office for which the race in question was being held,
 
 3           to be filled in the manner provided by law for
 
 4           vacancies in office arising from the failure of an
 
 5           elected official to serve the official's full term
 
 6           because of death, withdrawal, or removal.
 
 7      (3)  In any other case where, but for the candidate's
 
 8           vacancy, the vacating candidate would have been deemed
 
 9           elected, a vacancy shall exist in the office for which
 
10           the candidate has filed, to be filled in the manner
 
11           provided by law for vacancies in office arising from
 
12           the failure of an elected official to serve the
 
13           official's full term in office because of death,
 
14           withdrawal, or removal.
 
15      [(d)] (e)  The parties shall adopt rules to comply with this
 
16 provision, and those rules shall be submitted to the chief
 
17 election officer.
 
18      [(e)] (f)  The chief election officer or county clerk in
 
19 county elections may waive any or all of the foregoing
 
20 requirements in special circumstances as provided in the rules
 
21 adopted by the chief election officer."
 
22      SECTION 3.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________