THE SENATE

S.B. NO.

1558

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to elections.

 

 

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

 


SECTION 1. Section 11-112, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The ballot shall contain the names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they are running, and the district in which the election is being held. In the case of a candidate who has no opposition in the primary election, the candidate's name shall only be printed on the general election ballot. In multimember races the ballot shall state that the voter shall not vote for more than the number of seats available or the number of candidates listed where the number of candidates is fewer than the number of seats available."

SECTION 2. Section 12-21, Hawaii Revised Statutes, is amended to read as follows:

"12-21 Official party ballots. The primary or special primary ballot shall be clearly designated as such. The names of the candidates of each party qualifying under section 11-61 or 11-62 and of nonpartisan candidates may be printed on separate ballots, or on a single ballot[.]; provided that the name of a candidate who is unopposed in the primary election shall not be printed on the primary ballot. The name of each party and the nonpartisan designation shall be distinctly printed and sufficiently separate from each other. The names of all candidates shall be printed on the ballot as provided in section 11-115. When the names of all candidates of the same party for the same office exceed the maximum number of voting positions on a single side of a ballot card, the excess names may be arranged and listed on both sides of the ballot card and additional ballot cards if necessary. When separate ballots for each party are not used, the order in which parties appear on the ballot, including nonpartisan, shall be determined by lot.

The chief election officer or the county clerk, in the case of county elections, shall approve printed samples or proofs of the respective party ballots as to uniformity of size, weight, shape, and thickness prior to final printing of the official ballots."

SECTION 3. Section 12-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that [any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.] the name of a candidate who is not opposed as a candidate of a party in the primary election shall nonetheless appear on the general election ballot pursuant to section 11-112."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Elections; Ballots; Unopposed Candidates; Primary Elections

 

Description:

Provides that in the case of an unopposed candidate in the primary election, the candidate's name shall not appear on the primary election ballot but shall instead appear on the general election ballot.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.