THE SENATE

S.B. NO.

223

TWENTY-SEVENTH LEGISLATURE, 2013

S.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.  Section 12-8, Hawaii Revised Statutes, is amended to read as follows:

     "§12-8  Nomination papers; challenge; evidentiary hearings and decisions.  (a)  All nomination papers filed in conformity with section 12-3 shall be deemed valid unless objection is made thereto by a registered voter, [an officer] the chairperson of a political party whose name is on file with the chief election officer, the chief election officer, or the county clerk in the case of a county office.  Within twenty-four hours after the close of filing pursuant to section 12-6, the chief election officer or the county clerk in the case of a county office shall publish on their respective websites a list of all candidates who have filed nomination papers.  All objections shall be filed in writing not later than 4:30 p.m. on the sixtieth day or the next earliest working day prior to the primary or special election.

     (b)  If an objection is made by a registered voter, the candidate objected thereto shall be notified of the objection by the chief election officer or the clerk in the case of county offices by registered or certified mail.

     (c)  If an objection is [filed] made by [an officer] the chairperson of a political party [with the circuit court, the candidate objected thereto shall be notified of the objection by an officer of the political party by registered or certified mail.] under whose governing documents the candidate claims to be an eligible candidate for public office, the chairperson of that political party shall be required to immediately send by electronic transmission the notice of objection or withdrawal of objection directly to the chief election officer or the clerk in the case of a county office.  If the objection is made within seven calendar days after the close of filing pursuant to section 12-6, the candidate shall be deemed ineligible to run as a candidate in the primary election of that party unless the party withdraws the objection within seven calendar days after the filing of the objection or the candidate files for judicial review or review by the chief election officer within seven calendar days of the filing of the objection.  If a withdrawal of the objection is made, the withdrawal shall be made by certified or registered mail to the candidate with a copy sent by electronic transmission to the chief election officer or the clerk in the case of a county office.  The prevailing party in the judicial review of the objection shall be entitled to attorney's fees and costs.

     (d)  Except for objections by [an officer] the chairperson of a political party [filed directly with the circuit court,] pursuant to subsection (c), the chief election officer or the clerk in the case of county offices shall have the necessary powers and authority to reach a preliminary decision on the merits of the objection; provided that nothing in this subsection shall be construed to extend to the candidate a right to an administrative contested case hearing as defined in section 91-1(5).  The chief election officer or the clerk in the case of county offices shall render a preliminary decision not later than five working days after the objection is filed.

     (e)  If the chief election officer or clerk in the case of county offices determines that the objection warrants the disqualification of the candidate, the chief election officer or clerk, as appropriate, shall file a complaint in the circuit court for a determination of the objection; provided that the complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the seventh working day after the objection was filed.

     [(f)  If a political party objects to the nomination paper filed by a candidate because the candidate is not a member of the party pursuant to the party's rules filed in conformance with section 11-63, an officer of the party whose name appears on file with the chief election officer shall file a complaint in the circuit court for a prompt determination of the objection; provided that the complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the sixtieth day or the next earliest working day prior to that election day.

     (g)] (f)  If [an officer of a political party whose name appears on file with the chief election officer,] the chief election officer[,] or clerk in the case of county offices files a complaint in the circuit court, the circuit court clerk shall issue to the defendants named in the complaint a summons to appear before the court not later than 4:30 p.m. on the fifth day after service thereof.

     [(h)] (g)  The circuit court shall hear the complaint in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law.  The judgment shall decide the objection presented in the complaint, and a certified copy of the judgment shall forthwith be served on the chief election officer or the clerk, as the case may be.

     [(i)] (h)  If the judgment disqualifies the candidate, the chief election officer or the clerk shall follow the procedures set forth in sections 11-117 and 11-118 regarding the disqualifications of candidates."

     SECTION 2.  The chief election officer shall take all actions necessary and proper to ensure that the provisions of this Act shall be implemented in the 2014 election cycle.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

 


 


 

Report Title:

Elections; Nomination Papers; Challenge

 

Description:

Clarifies that the chairperson of a political party, and not an officer of the party, may make an objection to the validity of nomination papers; requires publication on state or county websites of a list of all candidates within twenty-four hours of the close of the filing deadline; establishes requirements for notice to the candidate of objections and any withdrawal of objections; establishes a process for judicial review or review by the chief election officer of objections and allows the prevailing party in a judicial review of an objection to be awarded attorney's fees and costs; deletes requirement for a political party to file a complaint in circuit court for prompt determination of the objection.  Effective on 07/01/50.  (SD1)

 

 

 

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