Report Title:

OHA Trustees Election

Description:

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.

HOUSE OF REPRESENTATIVES

H.B. NO.

81

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the primary and general elections of the office of hawaiian affairs.

 

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

SECTION 1. Section 13D-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§13D-4[]] Election of board members. (a) 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) Two candidates receiving the most 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 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 qualified and 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."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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