Report Title:

Legislative Vacancies; Appointments

Description:

Requires the Governor, in filling vacancies in the Senate, House of Representatives, and U.S. Senate, to select from a list of individuals nominated by the political party of the person creating the vacancy. Shortens the period in which the Governor must fill a vacancy in the Senate and House of Representatives, from 60 calendar days to 40.

HOUSE OF REPRESENTATIVES

H.B. NO.

2480

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LEGISLATIVE vacancies.

 

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

SECTION 1. Section 17-1, Hawaii Revised Statutes, is amended to read as follows:

"§17-1 United States senator. When a vacancy occurs in the office of United States senator, the vacancy shall be filled for the unexpired term at the following state general election[,]; provided that the vacancy occurs not later than 4:30 p.m. on the sixtieth day prior to the primary for nominating candidates to be voted for at the election; otherwise at the state general election next following. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Pending the election the governor shall make a temporary appointment to fill the vacancy [and the] by selecting a person from a list of not less than three persons submitted by the same political party as the person the appointee succeeds. The person so appointed shall serve until the election and qualification of the person duly elected to fill the vacancy and shall be a registered member of the same political party as the [senator causing the vacancy.] person the appointee succeeds. If the person the appointee succeeds is not a member of any political party, the governor shall appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced. All candidates for the unexpired term shall be nominated and elected in accordance with this title."

SECTION 2. Section 17-3, Hawaii Revised Statutes, is amended to read as follows:

"§17-3 State senator. (a) Whenever any vacancy in the membership of the state senate occurs, the term of which ends at the next succeeding general election[, the]:

(1) The governor shall make an appointment within [sixty] forty calendar days following the first day of vacancy to fill the vacancy for the unexpired term [and the appointee shall be of] by selecting a person from a list of not less than three persons submitted by the same political party [or nonpartisanship] as the person the appointee succeeds. The political party shall submit the list of persons to the governor within thirty calendar days following the first day of vacancy. If for any reason the governor fails to appoint a person from the list of persons within the forty calendar days following the first day of vacancy, the president of the senate shall immediately on the first day thereafter fill the vacancy by appointing a person from the list of persons submitted by the political party; and

(2) If the person the appointee succeeds is not a member of any political party, the governor shall within forty calendar days following the first day of vacancy appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced. If for any reason the governor fails to appoint a person within the forty calendar days following the first day of vacancy, the president of the senate shall immediately on the first day thereafter appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced.

(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:

(1) If it occurs not later than on the tenth day prior to the close of filing for the next succeeding primary election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall be nominated and elected in accordance with this title. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The [appointee shall be of] governor shall make the appointment from a list of not less than three persons submitted by the same political party [or nonpartisanship] as the person the appointee succeeds. If the person the appointee succeeds is not a member of any political party, the governor shall appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced;

(2) If it occurs later than on the tenth day prior to the close of filing for the next succeeding primary election but not later than on the sixtieth day prior to the next succeeding primary election, or if there are no qualified candidates for any party or nonpartisan candidates qualified for the primary election ballot, nominations for the unexpired term may be filed not later than 4:30 p.m. on the fiftieth day prior to the next succeeding primary election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The [appointee shall be of] governor shall make the appointment from a list of not less than three persons submitted by the same political party [or nonpartisanship] as the person the appointee succeeds. If the person the appointee succeeds is not a member of any political party, the governor shall appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced;

(3) If it occurs after the sixtieth day prior to the next succeeding primary but not later than on the fiftieth day prior to the next succeeding general election, or if there are no qualified candidates for any party or nonpartisan candidates in the primary, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Party candidates for the unexpired senate term shall be nominated by the county committees of the parties not later than 4:30 p.m. on the fortieth day prior to the general election; nonpartisan candidates may file nomination papers for the unexpired term not later than 4:30 p.m. on the fortieth day prior to the general election with the nonpartisan candidate who is to be nominated to be decided by lot, under the supervision of the chief election officer. The candidates for the unexpired term shall be elected in accordance with this title. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill such vacancy. The [appointee shall be of] governor shall make the appointment from a list of not less than three persons submitted by the same political party [or nonpartisanship] as the person the appointee succeeds. If the person the appointee succeeds is not a member of any political party, the governor shall appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced;

(4) If it occurs after the fiftieth day prior to the next succeeding general election or if no candidates are nominated, the governor shall make an appointment to fill the vacancy for the unexpired term [and the appointee shall be of] by selecting a person from a list of not less than three persons submitted by the same political party [or nonpartisanship] as the person the appointee succeeds. If the person the appointee succeeds is not a member of any political party, the governor shall appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced."

SECTION 3. Section 17-4, Hawaii Revised Statutes, is amended to read as follows:

"§17-4 State representatives. (a) Whenever any vacancy in the membership of the state house of representatives occurs, the governor shall make an appointment within [sixty] forty calendar days following the first day of vacancy to fill the vacancy for the unexpired term [and the appointee shall be of] by selecting a person from a list of not less than three persons submitted by the same political party [or nonpartisanship] as the person the appointee succeeds. The political party shall submit the list of persons to the governor within thirty calendar days following the first day of vacancy. If for any reason the governor fails to appoint a person from the list of persons within the forty calendar days following the first day of vacancy, the speaker of the house of representatives shall immediately on the first day thereafter fill the vacancy by appointing a person from the list of persons submitted by the political party.

(b) If the person the appointee succeeds is not a member of any political party, the governor shall within forty calendar days following the first day of vacancy appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced. If for any reason the governor fails to appoint a person within the forty calendar days following the first day of vacancy, the speaker of the house of representatives shall immediately on the first day thereafter appoint a person who is not a member of any political party from the time prior to when the vacancy is first announced."

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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