REPORT TITLE: 
Candidate eligibility


DESCRIPTION:
Proposes an amendment to Article III, section 6, of the State
Constitution to require that, prior to filing nomination papers
for the primary election, a candidate for state legislative
office shall be a qualified voter in the district that the
candidate seeks to represent. (SD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        164
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6, OF THE HAWAII
   CONSTITUTION, TO CHANGE THE ELIGIBILITY REQUIREMENTS FOR
   MEMBERSHIP IN THE SENATE OR HOUSE OF REPRESENTATIVES.



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

 1      SECTION 1.  The purpose of this Act is to propose an
 
 2 amendment to Article III, section 6, of the Constitution of the
 
 3 State of Hawaii, requiring that prior to filing nomination papers
 
 4 for the primary election, a candidate for a state legislative
 
 5 office shall be a qualified voter in the district which the
 
 6 candidate seeks to represent.
 
 7      At present, candidates for state legislative office have
 
 8 until the day of the general election to qualify for office in a
 
 9 particular district.  Consequently, a candidate can wait until
 
10 after the results of the primary election are known before moving
 
11 to, and becoming a qualified voter in, that district.  The
 
12 proposed amendment would change this situation by requiring that
 
13 candidates for state legislative office be qualified voters in
 
14 the district they aspire to represent as a condition of filing
 
15 nomination papers and having their name placed on the ballot at
 
16 the primary election.  
 
17      The proposed amendment would improve public confidence in
 
18 the election process by eliminating the ability of candidates to
 
19 move to the district they seek to represent only upon a favorable
 

 
Page 2                                                     164
                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 result at the primary election, thus reducing the basis for the
 
 2 perception that a candidate seeks office in a particular district
 
 3 based solely on the candidate's chance of success.  The amendment
 
 4 would also increase the likelihood that candidates will be
 
 5 knowledgeable and interested in the district in which they seek
 
 6 office by virtue of having lived in the community.      
 
 7      SECTION 2.  Article III, section 6, of the Constitution of
 
 8 the State of Hawaii is amended to read as follows:
 
 9                     "QUALIFICATIONS OF MEMBERS
 
10      Section 6.  No person shall be eligible to serve as a member
 
11 of the senate unless the person shall have been a resident of the
 
12 State for not less than three years, have attained the age of
 
13 majority and [be] is a qualified voter of the senatorial district
 
14 from which the person [seeks to be elected.] was elected and was
 
15 a qualified voter of the senatorial district from which the
 
16 person was elected immediately prior to the primary election,
 
17 except that an incumbent senator shall not be disqualified for
 
18 the remainder of the term when reapportionment displaces the
 
19 senator from the district from which the senator was elected.  No
 
20 person shall be eligible to serve as a member of the house of
 
21 representatives unless the person shall have been a resident of
 
22 the State for not less than three years, have attained the age of
 
23 majority and [be] is a qualified voter of the representative
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 district from which the person [seeks to be elected.] was elected
 
 2 and was a qualified voter of the representative district from
 
 3 which the person was elected immediately prior to the primary
 
 4 election, except that an incumbent representative shall not be
 
 5 disqualified for the remainder of the term when reapportionment
 
 6 displaces the representative from the district from which the
 
 7 representative was elected."
 
 8      SECTION 3.  The question to be printed on the ballot shall
 
 9 be as follows:
 
10      "Shall a candidate seeking office in a senatorial or
 
11      representative district be required to become a qualified
 
12      voter in that district prior to the primary election?"
 
13      SECTION 4.  Constitutional material to be repealed is
 
14 bracketed.  New constitutional material is underscored.
 
15      SECTION 5.  This amendment shall take effect upon compliance
 
16 with article XVII, section 3, of the Constitution of the State of
 
17 Hawaii.