Report Title:
Elections
Description:
Clarifies "resign to run" law for any candidate already an office holder, and who intends to run for another office if the terms of the two offices overlap; deems a public official as a candidate for another office based on public notice of intent, receipt of specified level of campaign contributions, or filing of nomination papers, whichever occurs first; requires immediate resignation from current office upon meeting the determination of candidate.
|
THE SENATE |
S.B. NO. |
2617 |
|
TWENTY-FIRST LEGISLATURE, 2002 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the state constitution requires all candidates for public office to resign if they are already officeholders and if the term for the new office overlaps with the term of their present office. This "resign to run" provision was added to the state constitution by the 1978 constitutional convention of Hawaii and approved by the voters on November 7, 1978.
The legislature further finds that the constitutional provision does not specify when a public official is deemed a candidate for another public office and that the delegates to the convention did not specifically discuss this aspect in their debates.
A 1986 legal opinion (Attorney General Opinion No. 86-4), citing this lack of constitutional specificity, relied on section 12-3 (8), and section 12-6, Hawaii Revised Statutes, which "together probably provide the best indications as to when a state or county officer is a 'candidate for another public office' for purposes of applying section 7, article II." Following this opinion, a public official is not required to resign from office until filing nomination papers sixty days prior to a primary or special election. As a result, a public official may "run" for the new office for months while continuing to serve in the current office.
In addition, considerable confusion results under this interpretation of the law if a current office holder announces candidacy for a new office, raises campaign funds for the new office, and then withdraws as a candidate before filing nomination papers, which would require resignation from the current office. In this event, the office holder may continue in the present office to the detriment of other candidates who have campaigned and raised funds in pursuit of the office.
The legislature finds that current state law regarding election campaign contributions and expenditures includes in the definition of "candidate" the receipt of contributions, in lieu of the actual filing of nomination papers. Applying a comparable candidate determination to the "resign to run" provisions would ensure that voters are not left with an elected public official who no longer wishes to fulfill the duties of the office to which elected, and that the public official does not have an advantage over another, possibly less visible, candidate. It would also avoid the confusion that could occur should a candidate reconsider a decision to run for an office.
The purpose of this Act is to clarify when a public officer is deemed a candidate for another public office, based on declaration of intent, receipt of campaign contributions, or filing of nomination papers, whichever occurs first.
SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§11- Resignation from public office. To comply with the provisions of article II, section 7, of the Constitution of the State of Hawaii, an elected public official shall be deemed a candidate for another public office if the public official:
(1) Gives public notice of intent to seek another public office;
(2) Receives contributions in an aggregate amount of more than $100 or makes or incurs any expenditures of more than $100 to bring about the public official's nomination for election to another public office, or to bring about the public official's election to another public office; or
(3) Files nomination papers for another public office with the county clerk's office or with the chief election officer's office, as applicable;
whichever occurs first."
SECTION 3.
Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:"(a) No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed in the candidate's behalf and in the name by which the candidate is commonly known. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:
(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;
(2) A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;
(3) The residence address and county in which the candidate resides;
(4) The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk prior to releasing the form to the candidate;
(5) Space for the name, signature, date of birth, social security number, and residence address of each registered voter signing the form, and other information as determined by the chief election officer;
(6) A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;
(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;
(8) A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Constitution of the State of Hawaii[;] and section 11- ;
(9) A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and
(10) The name the candidate wishes printed on the ballot and the mailing address of the candidate."
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: |
_____________________________ |