Report Title:

Elections; Candidates; Resign-to-Run; Special Elections by Mail; Convicted Candidates

Description:

Requires that state and county elected officials resign from office before becoming a candidate for another elective office, including federal elective office; requires special elections to be conducted by mail; clarifies time of conviction for purposes of disqualifying elected officials from holding office.

THE SENATE

S.B. NO.

788

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to elections.

 

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

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§11-   Special elections; special election polling place. (a) Except for special elections that are held in conjunction with a primary or general election, and except for the polling places established in subsection (b), all special elections shall be conducted solely by mail.

(b) Special election polling places shall be established at the office of the clerk of each county conducting the special election, and may be established at such other sites as may be designated by the clerk, under the provisions prescribed in the rules adopted by the chief election officer. To the extent practicable, rules adopted by the chief election officer for absentee polling places pursuant to section 15-7(a) shall apply to special election polling places, until such time as the chief election officer adopts rules for special election polling places. Section 11-21 shall apply to the special election polling place as though it were the precinct at which a person's name properly appears on the list of registered voters.

(c) The special election polling places shall be open no later than ten working days before the day of the special election, and all Saturdays falling within that time period, or as soon thereafter as ballots are available; provided that all special election polling places shall be open on the same date statewide, as determined by the chief election officer.

§11- Resignation from public office. Any elected state or county public officer shall resign from that office before becoming a candidate for another public office, including a federal office, if the term of the office sought begins before the end of the term of the office held."

SECTION 2. Section 19-4, Hawaii Revised Statutes, is amended to read as follows:

"§19-4 Penalties; disqualification for, removal from office; reports of convictions to chief election officer. Every person found guilty of an election fraud shall be fined not less than $100 nor more than $1,000, or imprisoned at hard labor not more than two years, or both. Besides the punishment, the person shall be disqualified from voting and from being elected to, holding or occupying any office, elective or appointive. If the person so convicted holds any office, either elective or appointive, at the time of the conviction, the office shall at once and without mention in the sentence or other proceeding be vacated by the conviction. The judge before whom the conviction is had shall immediately transmit to the chief election officer and to the respective county clerks the name of the person, the offense of which the person has been convicted, and the sentence of the court.

For purposes of this section, "time of conviction" means the day upon which the person was found guilty of the charges by the trier of fact or determined to be guilty by the court."

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:

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