| 47 | | - | SECTION 1. The legislature finds that citizens of this State have the right to expect that public servants be people of integrity, and not people who have committed actions that threaten democracy or undermine the vote of the people. Accordingly, the purpose of this Act is to: (1) Specify that election ballots issued by the chief election officer or county clerk shall exclude any candidate who is disqualified by: (A) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (B) Article XVI, section 3, of the Hawaii State Constitution; or (C) Another constitutional or statutory provision; (2) Provide for a process for challenging a candidate's inclusion or exclusion on a ballot issued by the chief election officer or a county clerk; (3) Include the grounds referenced in paragraph (1) as grounds for a complaint regarding an election contest; (4) Specify that electors of presidential and vice presidential candidates shall not be individuals who are disqualified by grounds referenced in paragraph (1), and provide for contests of nominations of individuals disqualified based upon those grounds; and (5) Prohibit electors of presidential and vice presidential candidates from voting for any presidential or vice presidential nominee who has been disqualified pursuant to section 3 of the Fourteenth Amendment to the Constitution of the United States, as determined by any federal court; article XVI, section 3, of the Hawaii State Constitution, as determined by the state supreme court; or another constitutional or statutory provision as determined by a federal court or the state supreme court. SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows: "§11- Candidates on ballots; inclusion and exclusion; challenges. (a) Each ballot issued by the chief election officer and each clerk shall include the name of each qualified candidate and exclude the name of any disqualified candidate; provided that the chief election officer or clerk shall exclude any candidate who is disqualified by: (1) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (2) Article XVI, section 3, of the Hawaii State Constitution; or (3) Another constitutional or statutory provision. (b) Any challenge to the inclusion or exclusion of any candidate on a ballot issued by the chief election officer or clerk that is not filed pursuant to section 12-8 shall be in writing and, no later than the fifty-seventh day prior to the general election, shall be filed with the supreme court. The challenge shall provide notice in a summary manner of the grounds that give rise to the complaint. No later than the fifty-fourth day prior to the general election, the supreme court shall hold a hearing regarding the challenge. The supreme court shall assess the validity of the complaint and shall issue findings of fact and conclusions of law no later than the fifty-third day prior to the general election. The party filing the challenge shall have the burden to sustain the challenge by a preponderance of the evidence, unless a higher burden is required by constitutional law." SECTION 3. Section 11-113, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) [If the] Any applicant[, or]; any other party, individual, or group with a candidate on the presidential ballot[,]; or any group of not less than thirty voters of any election district that objects to the finding of eligibility or disqualification [the person] may[, not later than 4:30 p.m. on the fifth day after the finding, file a request in writing with the chief election officer for a hearing on the question. A hearing shall be called not later than 4:30 p.m. on the tenth day after the receipt of the request and shall be conducted in accord with chapter 91. A decision shall be issued not later than 4:30 p.m. on the fifth day after the conclusion of the hearing.] pursue a challenge pursuant to section 11- . If the candidate in question is excluded from the presidential ballot pursuant to section 11- , another candidate may be selected pursuant to a procedure conducted pursuant to subsection (c)." SECTION 4. Section 11-172, Hawaii Revised Statutes, is amended to read as follows: "§11-172 Contests for cause; generally. (a) With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. (b) The complaint shall set forth any cause or causes, [such as but not limited to, provable] including: (1) Provable fraud, overages, or underages, that could cause a difference in the election results[.]; or (2) A candidate's disqualification pursuant to: (A) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (B) Article XVI, section 3, of the Hawaii State Constitution; or (C) Another constitutional or statutory provision; provided that a complaint filed pursuant to this subsection shall be dismissed if the facts alleged cannot be proven by a preponderance of the evidence, or by any higher burden of proof required by constitutional law, or if the complaint is based on facts or substantially similar facts that could have previously been raised pursuant to section 11- , section 12-8, or this paragraph, and the previous action failed. (c) The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the voter service center officials or the officials at a counting center in an election using the electronic voting system. (d) A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections." SECTION 5. Section 14-21, Hawaii Revised Statutes, is amended to read as follows: "§14-21 Nomination of presidential electors and alternates; certification by parties; notification of nominees; pledge. (a) In each year when electors of president and vice president of the United States are to be chosen, each of the political parties or parties or groups qualified under section 11-113 shall hold a state party or group convention pursuant to the constitution, bylaws, and rules of the party or group; and nominate as candidates for its party or group as many electors, and a first and second alternate for each elector, of president and vice president of the United States as the State is then entitled. The electors and alternates shall be registered voters of the State[.] and shall not be individuals who are disqualified by section 3 of the Fourteenth Amendment to the Constitution of the United States; article XVI, section 3, of the Hawaii State Constitution; or another constitutional or statutory provision. The names and addresses of the nominees shall be certified by the chairperson and secretary of the convention of the respective parties or groups and submitted to the chief election officer no later than 4:30 p.m. on the sixtieth day before the general election of the same year. The chief election officer upon receipt thereof, shall immediately notify each of the nominees for elector and alternate elector of the nomination. (b) Each elector nominee and alternate elector nominee of a political party or group shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party or group that nominated [me".] me, except that I may decline to vote for any nominee who has died. I also agree not to mark my ballot for any nominee who is disqualified under section 3 of the Fourteenth Amendment to the Constitution of the United States." The executed pledges shall accompany the submission of the corresponding names to the chief election officer. Electors shall not be [released from their pledge if the presidential candidate whom they are pledged to vote for dies. Electors] required to vote for any nominee who has died. Further, electors shall not [be released from their pledge under any circumstance other than the death of the presidential candidate for whom they are pledged to vote.] vote for any presidential or vice presidential nominee who has been disqualified from the presidency or vice presidency pursuant to section 3 of the Fourteenth Amendment to the Constitution of the United States, as determined by any federal court, or as determined by the state supreme court pursuant to part XI of chapter 11." SECTION 6. Section 14-22, Hawaii Revised Statutes, is amended to read as follows: "§14-22 Contested nominations of presidential electors and alternates. (a) If [more]: (1) More than one certificate of choice and selection of presidential electors and alternate electors of the same political party or group; or (2) Any party, individual, or group with a candidate on the presidential ballot; or any group of not less than thirty voters of any election district asserts that an elector or alternate is disqualified pursuant to: (A) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (B) Article XVI, section 3, of the Hawaii State Constitution; or (C) Another constitutional or statutory provision, and a complaint is filed with the chief election officer, as chairperson of the contested presidential electors' committee hereby constituted, the chief election officer shall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and place of [the] a hearing [to]. (b) The hearing shall be held for the purposes of [making a determination of which] determining: (1) Which set of electors and alternative electors were lawfully chosen and selected by the political party or group[.]; or (2) Whether an elector or alternate is disqualified as described in subsection (a)(2), as the case may be. (c) Notice of the hearing shall be given to the chairperson of the state central committee of each political party and the chairperson of each party or group qualified under section 11-113, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by public notice at least once. A determination shall be made by the contested presidential electors' committee by majority vote not later than 4:30 p.m. on October 30 of the same year and the determination shall be final. Notice of the results shall be given to the nominees duly determined to have been chosen. The contested presidential electors' committee shall have all the powers enumerated in section 11‑43." SECTION 7. Section 14-23, Hawaii Revised Statutes, is amended to read as follows: "§14-23 Time for election, number to be chosen. In each presidential election year there shall be elected at large, at the general election, by the voters of the State, as many electors and alternates of president and vice president of the United States as the State is then entitled to elect, in the manner provided under section 11-113. The electors and the alternates [must] shall be registered voters of the State[.] and shall not be individuals who are disqualified by section 3 of the Fourteenth Amendment to the Constitution of the United States; article XVI, section 3, of the Hawaii State Constitution; or another constitutional or statutory provision. The election shall be conducted and the results thereof determined in conformity with the laws governing general elections except as otherwise provided." SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The legislature finds that citizens of this State have the right to expect that public servants be people of integrity, and not people who have committed actions that threaten democracy or undermine the vote of the people. Accordingly, the purpose of this Act is to: (1) Specify that election ballots issued by the chief election officer or county clerk shall exclude any candidate who is disqualified by: (A) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (B) Article XVI, section 3, of the Constitution of the State of Hawaii; or (C) Another constitutional or statutory provision; (2) Provide for a process for challenging a candidate's inclusion or exclusion on a ballot issued by the chief election officer or a county clerk; (3) Include the grounds referenced in paragraph (1) as grounds for a complaint regarding an election contest; (4) Specify that electors of presidential and vice presidential candidates shall not be individuals who are disqualified by grounds referenced in paragraph (1), and provide for contests of nominations of individuals disqualified based upon those grounds; and (5) Prohibit electors of presidential and vice presidential candidates from voting for any presidential or vice presidential nominee who has been disqualified pursuant to Section 3 of the Fourteenth Amendment to the Constitution of the United States, as determined by any federal court, or as determined by the state supreme court in an election contest. SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows: "§11- Candidates on ballots; inclusion and exclusion; challenges. (a) Each ballot issued by the chief election officer and each clerk shall include the name of each qualified candidate and exclude the name of any disqualified candidate; provided that the chief election officer or clerk shall exclude any candidate who is disqualified by: (1) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (2) Article XVI, section 3, of the Constitution of the State of Hawaii; or (3) Another constitutional or statutory provision. (b) Any challenge to the inclusion or exclusion of any candidate on a ballot issued by the chief election officer or clerk shall be in writing and, no later than the fifty-seventh day prior to the general election, shall be filed with the appropriate district court; provided that for any challenge to the inclusion or exclusion of a presidential candidate on a general election ballot, the appropriate district court shall be the district court of the first circuit. The challenge shall provide notice in a summary manner of the grounds that give rise to the complaint. No later than the fifty-fourth day prior to the general election, the district court shall hold a hearing regarding the challenge. The district court shall assess the validity of the complaint and shall issue findings of fact and conclusions of law no later than the fifty-third day prior to the general election. The party filing the challenge shall have the burden to sustain the challenge by a preponderance of the evidence, unless a higher burden is required by constitutional law. (c) Any order entered by the district court may be reviewed and finally adjudicated by the supreme court of this State if either party makes application to the supreme court no later than the fiftieth day prior to the general election, unless the supreme court, in its discretion, declines jurisdiction of the case. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review by any court of this State." SECTION 3. Section 11-113, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) [If the] Any applicant[, or]; any other party, individual, or group with a candidate on the presidential ballot[,]; or any group of no less than thirty voters of any election district that objects to the finding of eligibility or disqualification [the person] may[, not later than 4:30 p.m. on the fifth day after the finding, file a request in writing with the chief election officer for a hearing on the question. A hearing shall be called not later than 4:30 p.m. on the tenth day after the receipt of the request and shall be conducted in accord with chapter 91. A decision shall be issued not later than 4:30 p.m. on the fifth day after the conclusion of the hearing.] pursue a challenge pursuant to section 11- . If the candidate in question is excluded from the presidential ballot pursuant to section 11- , another candidate may be selected pursuant to a procedure conducted pursuant to subsection (c)." SECTION 4. Section 11-172, Hawaii Revised Statutes, is amended to read as follows: "§11-172 Contests for cause; generally. (a) With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. (b) The complaint shall set forth any cause or causes, [such as but not limited to, provable] including: (1) Provable fraud, overages, or underages, that could cause a difference in the election results[.]; and (2) A candidate's disqualification pursuant to: (A) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (B) Article XVI, section 3, of the Constitution of the State of Hawaii; and (C) Another constitutional or statutory provision; provided that a complaint filed pursuant to this subsection shall be dismissed if the facts alleged cannot be proven by a preponderance of the evidence, or by any higher burden of proof required by constitutional law, or if the complaint is based on facts or substantially similar facts previously adjudicated pursuant to section 11- or this paragraph, and the previous action failed. (c) The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the voter service center officials or the officials at a counting center in an election using the electronic voting system. (d) A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections." SECTION 5. Section 14-21, Hawaii Revised Statutes, is amended to read as follows: "§14-21 Nomination of presidential electors and alternates; certification by parties; notification of nominees; pledge. (a) In each year when electors of president and vice president of the United States are to be chosen, each of the political parties or parties or groups qualified under section 11-113 shall hold a state party or group convention pursuant to the constitution, bylaws, and rules of the party or group; and nominate as candidates for its party or group as many electors, and a first and second alternate for each elector, of president and vice president of the United States as the State is then entitled. The electors and alternates shall be registered voters of the State[.] and shall not be individuals who are disqualified by Section 3 of the Fourteenth Amendment to the Constitution of the United States; article XVI, section 3 of the Constitution of the State of Hawaii; or another constitutional or statutory provision. The names and addresses of the nominees shall be certified by the chairperson and secretary of the convention of the respective parties or groups and submitted to the chief election officer no later than 4:30 p.m. on the sixtieth day before the general election of the same year. The chief election officer upon receipt thereof, shall immediately notify each of the nominees for elector and alternate elector of the nomination. (b) Each elector nominee and alternate elector nominee of a political party or group shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party or group that nominated [me".] me, except that I may decline to vote for any nominee who has died. I also agree not to mark my ballot for any nominee who is disqualified under Section 3 of the Fourteenth Amendment to the Constitution of the United States." The executed pledges shall accompany the submission of the corresponding names to the chief election officer. Electors shall not be [released from their pledge if the presidential candidate whom they are pledged to vote for dies. Electors] required to vote for any nominee who has died. Further, electors shall not [be released from their pledge under any circumstance other than the death of the presidential candidate for whom they are pledged to vote.] vote for any presidential or vice presidential nominee who has been disqualified from the presidency or vice presidency pursuant to Section 3 of the Fourteenth Amendment to the Constitution of the United States, as determined by any federal court, or as determined by the state supreme court pursuant to part XI of chapter 11." SECTION 6. Section 14-22, Hawaii Revised Statutes, is amended to read as follows: "§14-22 Contested nominations of presidential electors and alternates. (a) If [more]: (1) More than one certificate of choice and selection of presidential electors and alternate electors of the same political party or group; or (2) Any party, individual, or group with a candidate on the presidential ballot; or any group of no less than thirty voters of any election district asserts that an elector or alternate is disqualified pursuant to: (A) Section 3 of the Fourteenth Amendment to the Constitution of the United States; (B) Article XVI, section 3, of the Constitution of the State of Hawaii; or (C) Another constitutional or statutory provision, and a complaint is filed with the chief election officer, as chairperson of the contested presidential electors' committee hereby constituted, the chief election officer shall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and place of [the] a hearing [to]. (b) The hearing shall be held for the purposes of [making a determination of which] determining: (1) Which set of electors and alternative electors were lawfully chosen and selected by the political party or group[.]; or (2) Whether an elector or alternate is disqualified as described in subsection (a)(2), as the case may be. (c) Notice of the hearing shall be given to the chairperson of the state central committee of each political party and the chairperson of each party or group qualified under section 11-113, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by public notice at least once. A determination shall be made by the contested presidential electors' committee by majority vote not later than 4:30 p.m. on October 30 of the same year and the determination shall be final. Notice of the results shall be given to the nominees duly determined to have been chosen. The contested presidential electors' committee shall have all the powers enumerated in section 11‑43." SECTION 7. Section 14-23, Hawaii Revised Statutes, is amended to read as follows: "§14-23 Time for election, number to be chosen. In each presidential election year there shall be elected at large, at the general election, by the voters of the State, as many electors and alternates of president and vice president of the United States as the State is then entitled to elect, in the manner provided under section 11-113. The electors and the alternates [must] shall be registered voters of the State[.] and shall not be individuals who are disqualified by Section 3 of the Fourteenth Amendment to the Constitution of the United States; article XVI, section 3 of the Constitution of the State of Hawaii; or another constitutional or statutory provision. The election shall be conducted and the results thereof determined in conformity with the laws governing general elections except as otherwise provided." SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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