HOUSE OF REPRESENTATIVES

H.B. NO.

1581

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONS.

 

 

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

 


     SECTION 1.  The legislature finds that full financial disclosure by candidates for President and Vice President of the United States is essential to ensure transparency, avoid conflicts of interest, and prevent unethical decision making within a presidential administration.  Without full public disclosure of a candidate's past income, business relations, and indebtedness, both monetary and otherwise, a citizen cannot cast an informed vote or be assured that decisions made by a President will be in the interests of the people, and not in the interest of the President's own financial gain.

     The office of President of the United States carries the highest responsibility, and its occupants must be held to the highest standard of transparency and accountability.  The legislature finds that to ensure transparency a presidential candidate once demanded that the State of Hawaii produce a birth certificate.  The State of Hawaii will now require presidential candidates to produce their tax returns.

     The purpose of this Act is to promote electoral transparency and accountability by requiring that candidates for President or Vice President of the United States disclose their tax returns from the five most recent years.

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§11-     Tax returns disclosure; United States President and Vice President.  (a)  No later than fifty days before a general election, each candidate for the office of President or Vice President of the United States, shall:

     (1)  Submit to the office of elections a copy of the federal income tax return, as that term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, as amended, of the candidate for the five most recent taxable years that a return has been filed with the Internal Revenue Service; and

     (2)  Provide written consent to the office of elections for the public disclosure of the federal income tax returns.

     (b)  Income tax returns submitted to the office of elections shall be made publicly available on the website of the office of elections no later than seven days after submission.

     (c)  Prior to placing any income tax return on the website of the office of elections, the chief election officer shall redact information that the director of taxation deems appropriate.

     (d)  Notwithstanding any law to the contrary, if a candidate for the office of President or Vice President fails to comply with subsection (a), the name of the candidate shall not be printed upon the official ballot for the general election."

     SECTION 3.  Section 14-28, Hawaii Revised Statutes, is amended to read as follows:

     "§14-28  Convening and voting for [president] President and [vice president;] Vice President; party vote.  (a)  The electors, when convened, if both candidates are alive, shall vote by ballot for that person for [president] President and that person for [vice president] Vice President of the United States, who are, respectively, the candidates of the political party or group [which] that they represent, one of whom, at least, is not an inhabitant of this State.

     (b)  Notwithstanding any other provision of law to the contrary, the electors, when convened, shall not vote for any person for President or Vice President unless each of the candidates has, at least fifty days prior to the general election, publicly released their federal income tax returns for the five most recent taxable years preceding the general election by submitting the income tax returns to the office of elections or posting the income tax returns at no charge for public viewing on the Internet."

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Elections; General Election; President; Vice President; Federal Income Tax Return

 

Description:

Requires candidates for President and Vice President of the United States to disclose their federal income tax returns in order for their names to appear on a Hawaii ballot.  (HB1581 HD1)

 

 

 

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