REPORT TITLE:
Elections; No Primary


DESCRIPTION:
Amends the state constitution to abolish the primary election and
have the winner-take-all in the general election.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           756
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AMENDMENTS TO ARTICLE II, SECTION 4, ARTICLE II,
   SECTION 8, AND ARTICLE III, SECTION 8 OF THE HAWAII
   CONSTITUTION, TO ABOLISH PRIMARY ELECTIONS.



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

 1      SECTION 1.  The legislature finds that the current method of
 
 2 having a primary and a general election only increases the
 
 3 rhetoric and the cost of elections for candidates.  It would be
 
 4 more time efficient and cheaper to have a single general election
 
 5 at which the winning candidate would be the person who garners
 
 6 the most votes.  In a winner-take-all election, there would be no
 
 7 need to calculate the winner based on the candidate receiving the
 
 8 majority of all votes cast, only the plurality.  The purpose of
 
 9 this Act is to propose amendments to Article II, sections 4 and
 
10 8, and Article III, section 8, of the Hawaii constitution to
 
11 abolish primary elections.
 
12      SECTION 2.  Article II, section 4, of the Constitution of
 
13 the State of Hawaii is amended to read as follows:
 
14                       "REGISTRATION; VOTING
 
15      Section 4.  The legislature shall provide for the
 
16 registration of voters and for absentee voting and shall
 
17 prescribe the method of voting at all elections.  Secrecy of
 
18 voting shall be preserved; provided that no person shall be
 

 
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                                     S.B. NO.           756
                                                        
                                                        

 
 1 required to declare a party preference or nonpartisanship as a
 
 2 condition of voting in any [primary or special primary] election.
 
 3 Secrecy of voting and choice of political party affiliation or
 
 4 nonpartisanship shall be preserved."
 
 5      SECTION 3.  Article II, section 8, of the Constitution of
 
 6 the State of Hawaii is amended to read as follows:
 
 7          "GENERAL[,] AND SPECIAL [AND PRIMARY] ELECTIONS
 
 8      Section 8.  General elections shall be held on the first
 
 9 Tuesday after the fist Monday in November in all even-numbered
 
10 years.  Special [and primary] elections may be held as provided
 
11 by law[; provided that in no case shall any primary election
 
12 precede a general election by less than forty-five days]."
 
13      SECTION 4.  Article III, section 4, of the Constitution of
 
14 the State of Hawaii is amended to read as follows:
 
15                    "ELECTION OF MEMBERS; TERM
 
16      Section 4.  Each member of the legislature shall be elected
 
17 at an election.  If more than one candidate has been nominated
 
18 for election to a seat in the legislature, the member [occupying
 
19 that seat shall be elected at a general election.  If a candidate
 
20 nominated for a seat at a primary election is unopposed for that
 
21 seat at the general election, the candidate shall be deemed
 
22 elected at the primary election.] receiving the most votes cast
 
23 at the general election shall be elected.  The term of office of
 

 
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                                     S.B. NO.           756
                                                        
                                                        

 
 1 a member of the house of representatives shall be two years and
 
 2 the term of office of a member of the senate shall be four years.
 
 3 The term of a member of the legislature shall begin on the day of
 
 4 the general election at which elected [or if elected at a primary
 
 5 election, on the day of the general election immediately
 
 6 following the primary election at which elected].  For a member
 
 7 of the house of representatives, the terms shall end on the day
 
 8 of the general election immediately following the day the
 
 9 member's term commences.  For a member of the senate, the term
 
10 shall end on the day of the second general election immediately
 
11 following the day the member's term commences."
 
12      SECTION 5.  The question to be printed on the ballot shall
 
13 be as follows:
 
14      "Shall primary elections be abolished and the winner elected
 
15      directly in the general election?"
 
16      SECTION 6.  Constitutional material to be repealed is
 
17 bracketed.  New constitutional material is underscored.
 
18      SECTION 7.  This amendment shall take effect upon compliance
 
19 with article XVII, section 3, of the Constitution of the State of
 
20 Hawaii.
 
21 
 
22                              INTRODUCED BY:______________________