OHA Trustees Election

Provides for the election of the office of Hawaiian affairs
through a system of primary and general elections while still
maintaining the nonpartisan character of the office.

THE SENATE                              S.B. NO.           556
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 13D-4, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "[[]13D-4[]]  Election of board members.  (a)  Members of
 4 the board of trustees shall be [elected at a special election
 5 held in conjunction with the general election] nominated at a
 6 primary election and elected at the general election in every
 7 even-numbered year.  Except as otherwise provided by this
 8 chapter, members shall be nominated and elected in the manner
 9 prescribed by this title.
10      [Nomination papers.]  (b)  The chief election officer shall
11 prepare the nomination papers in such a manner that a candidate
12 desiring to file for election to the board shall be able to
13 specify whether the candidate is seeking a seat requiring
14 residency on a particular island or a seat without [such] a
15 residency requirement.
16      [Ballot.]  (c)  The board of trustees ballot shall be
17 prepared in such a manner that every voter qualified and
18 registered under section 13D-3 shall be afforded the opportunity
19 to vote for each and every candidate seeking election to the

Page 2                                                     
                                     S.B. NO.           556

 1 board.  The ballot shall contain the names of all board
 2 candidates arranged alphabetically; provided that the names of
 3 candidates seeking seats requiring residency on a particular
 4 island shall also be grouped by island of residency.  Each
 5 eligible voter shall be entitled to receive the board of trustees
 6 ballot and to vote for the number of seats available.
 7      (d)  Two candidates receiving the most votes for each
 8 available seat shall be nominated at the primary election for the
 9 general election.  If, after the close of filing of nomination
10 papers, there are only two qualified candidates for any seat
11 requiring residency on a particular island, the chief election
12 officer shall declare those two candidates duly nominated for the
13 general election.  The names of those two candidates shall not
14 appear on the primary election ballot.
15      (e)  Each voter qualified and registered to vote under
16 section 13D-3 in the general election shall be entitled to
17 receive the office of Hawaiian affairs ballot and to vote for the
18 number of seats available on the respective islands.
19      (f)  If there is only one qualified candidate for any seat
20 requiring residency on a particular island, after the close of
21 filing of nomination papers, the chief election officer shall
22 declare the candidate to be duly and legally elected.  If the
23 number of qualified candidates for seats without a residency

Page 3                                                     
                                     S.B. NO.           556

 1 requirement is equal to or less than the number of the seats to
 2 be filled, after the close of filing of nomination papers, the
 3 chief election officer shall declare the candidates to be duly
 4 and legally elected."
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 6 New statutory material is underscored.
 7      SECTION 3.  This Act shall take effect upon its approval.
 9                           INTRODUCED BY:  _______________________