Report Title:

Elections; Candidates; Residency Requirements

 

Description:

Amends the state constitution to require candidates for the state senate or house of representatives to be a resident of the legislative district from which the person is a candidate for not less than twelve consecutive months prior to the general election. (SB1215 HD1)

 


THE SENATE

S.B. NO.

1215

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATING TO RESIDENCE REQUIREMENTS FOR MEMBERS OF THE LEGISLATURE.

 

 

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

 


     SECTION 1.  The purpose of this Act is to propose an amendment to article III, section 6, of the Hawaii Constitution to require candidates for the office of state senate or house of representatives to be residents of the district from which they seek to be elected for not less than twelve consecutive months prior to the next general election.

     SECTION 2.  Article III, section 6, of the Hawaii Constitution is amended to read as follows:

"QUALIFICATIONS OF MEMBERS

     Section 6.  No person shall be eligible to serve as a member of the senate unless the person has been a resident of the State for not less than three years[,] and a resident of the senatorial district from which the person seeks to be elected for not less than twelve consecutive months prior to the next  general election, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the senatorial district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent senator may move to a new district without being disqualified from completing the remainder of the incumbent senator's term.  No person shall be eligible to serve as a member of the house of representatives unless the person has been a resident of the State for not less than three years[,] and a resident of the representative district from which the person seeks to be elected for not less than twelve consecutive months prior to the next general election, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the representative district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent representative may move to a new district without being disqualified from completing the remainder of the incumbent representative's term."

    SECTION 3.  The question to be printed on the ballot shall be as follows:

    "Shall every candidate for the state senate and house of representatives be required to be a resident of the legislative district from which the person seeks to be elected for not less than twelve consecutive months prior to the next general election?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Hawaii Constitution.