Hawaii 2023 Regular Session

Hawaii House Bill HB1485 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1485 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to the election of the president. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1485
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to the election of the president.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 12-2, Hawaii Revised Statutes, is amended to read as follows: "§12-2 Primary held when; candidates only those nominated. The primary shall be held on the second Saturday of August in every even numbered year[.]; provided that the presidential primary shall be held on the first Tuesday after the first Monday in March in any year that is evenly divisible by the number four and at which delegations to national party conventions are to be chosen. No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary." SECTION 2. Section 12-5, Hawaii Revised Statutes, is amended to read as follows: "§12-5 Nomination papers: number of signers. (a) Nomination papers for candidates for president shall be signed by not less than one hundred voters of the State. [(a)] (b) Nomination papers for candidates for members of Congress, governor, and lieutenant governor shall be signed by not less than twenty-five registered voters of the State or of the Congressional district from which the candidates are running in the case of candidates for the United States House of Representatives. [(b)] (c) Nomination papers for candidates for either branch of the legislature and for county office shall be signed by not less than fifteen registered voters of the district or county or subdivision thereof for which the person nominated is a candidate. [(c)] (d) Nomination papers for candidates for members of the board of trustees of the office of Hawaiian affairs shall be signed by not less than twenty-five persons registered to vote. [(d)] (e) No signatures shall be required on nomination papers for candidates filing to run in a special primary or special election to fill a vacancy." SECTION 3. Section 12-6, Hawaii Revised Statutes, is amended to read as follows: "§12-6 Nomination papers: time for filing; fees. (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, or clerk in case of county offices, [not] no later than 4:30 p.m. on the first Tuesday in June[.]; provided that nomination papers for presidential candidates shall be filed with the chief election officer no later than 4:30 p.m. on the second Tuesday in January. However, in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that is issued calling for the election as provided for by state law or county charter. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate's declaration of candidacy without delay. (b) If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall accept nomination papers for that office until 4:30 p.m. on the tenth day after the original close of filing. [[](c)[]] There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election, which shall be paid into the treasury of the State, or county, as the case may be, as a realization: (1) For President--$3,000; [(1)] (2) For United States senators and United States representatives--$75; [(2)] (3) For governor and lieutenant governor--$750; [(3)] (4) For mayor--$500; and [(4)] (5) For all other offices--$250. [[](d)[]] Upon the receipt by the chief election officer or the clerk of the nomination paper of a candidate, the day, hour, and minute when it was received shall be endorsed thereon. (e) Upon the showing of a certified copy of an affidavit [which] that has been filed with the campaign spending commission pursuant to section 11-423 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts: (1) For the office of president--$2,675; [(1)] (2) For the office of governor and lieutenant governor--$675; [(2)] (3) For the office of mayor--$450; and [(3)] (4) For all other offices--$225. [[](f)[]] The chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent and who has filed a petition signed by currently registered voters who constitute at least one-half of one per cent of the total voters registered at the last preceding general election in the respective district or districts which correspond to the specific office for which the indigent person is a candidate. This petition shall be submitted on the form prescribed and provided by the chief election officer together with the nomination paper required by this chapter." 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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49	49	SECTION 1. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§12-2 Primary held when; candidates only those nominated. The primary shall be held on the second Saturday of August in every even numbered year[.]; provided that the presidential primary shall be held on the first Tuesday after the first Monday in March in any year that is evenly divisible by the number four and at which delegations to national party conventions are to be chosen.
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53	53	No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary."
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55	55	SECTION 2. Section 12-5, Hawaii Revised Statutes, is amended to read as follows:
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57	57	"§12-5 Nomination papers: number of signers. (a) Nomination papers for candidates for president shall be signed by not less than one hundred voters of the State.
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59	59	[(a)] (b) Nomination papers for candidates for members of Congress, governor, and lieutenant governor shall be signed by not less than twenty-five registered voters of the State or of the Congressional district from which the candidates are running in the case of candidates for the United States House of Representatives.
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61	61	[(b)] (c) Nomination papers for candidates for either branch of the legislature and for county office shall be signed by not less than fifteen registered voters of the district or county or subdivision thereof for which the person nominated is a candidate.
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63	63	[(c)] (d) Nomination papers for candidates for members of the board of trustees of the office of Hawaiian affairs shall be signed by not less than twenty-five persons registered to vote.
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65	65	[(d)] (e) No signatures shall be required on nomination papers for candidates filing to run in a special primary or special election to fill a vacancy."
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67	67	SECTION 3. Section 12-6, Hawaii Revised Statutes, is amended to read as follows:
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69	69	"§12-6 Nomination papers: time for filing; fees. (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, or clerk in case of county offices, [not] no later than 4:30 p.m. on the first Tuesday in June[.]; provided that nomination papers for presidential candidates shall be filed with the chief election officer no later than 4:30 p.m. on the second Tuesday in January. However, in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that is issued calling for the election as provided for by state law or county charter. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate's declaration of candidacy without delay.
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71	71	(b) If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall accept nomination papers for that office until 4:30 p.m. on the tenth day after the original close of filing.
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73	73	[[](c)[]] There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election, which shall be paid into the treasury of the State, or county, as the case may be, as a realization:
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75	75	(1) For President--$3,000;
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77	77	[(1)] (2) For United States senators and United States representatives--$75;
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79	79	[(2)] (3) For governor and lieutenant governor--$750;
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81	81	[(3)] (4) For mayor--$500; and
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83	83	[(4)] (5) For all other offices--$250.
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85	85	[[](d)[]] Upon the receipt by the chief election officer or the clerk of the nomination paper of a candidate, the day, hour, and minute when it was received shall be endorsed thereon.
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87	87	(e) Upon the showing of a certified copy of an affidavit [which] that has been filed with the campaign spending commission pursuant to section 11-423 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts:
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89	89	(1) For the office of president--$2,675;
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91	91	[(1)] (2) For the office of governor and lieutenant governor--$675;
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93	93	[(2)] (3) For the office of mayor--$450; and
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95	95	[(3)] (4) For all other offices--$225.
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97	97	[[](f)[]] The chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent and who has filed a petition signed by currently registered voters who constitute at least one-half of one per cent of the total voters registered at the last preceding general election in the respective district or districts which correspond to the specific office for which the indigent person is a candidate. This petition shall be submitted on the form prescribed and provided by the chief election officer together with the nomination paper required by this chapter."
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99	99	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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101	101	SECTION 5. This Act shall take effect upon its approval.
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105	105	INTRODUCED BY: _____________________________
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107	107	INTRODUCED BY:
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119	119	Report Title: Primary Election; The President Description: Establishes a date for presidential primaries, as well as signature and fee requirements for a person to be nominated as a presidential primary candidate. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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125	125	Report Title:
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127	127	Primary Election; The President
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131	131	Description:
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133	133	Establishes a date for presidential primaries, as well as signature and fee requirements for a person to be nominated as a presidential primary candidate.
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141	141	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.