HB342

SECTION 1. Chapter 12, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Presidential preference primary elections

§12-A Definition. For the purposes of this part, "political party" has the same meaning as in section 11-61.

§12-B Presidential preference primary established. (a) Candidates for president of the United States shall be nominated in a primary election by direct vote of the people in the manner prescribed by this part.

(b) The chief election officer shall issue a primary election ballot pursuant to section 11-111 for each political party.

§12-C Presidential preference primary held when. The presidential preference primary shall be held on the second Saturday in May in every even numbered year in which a general presidential election is held.

§12-D Same day voter registration. A person who is eligible to vote but is not registered to vote may register by appearing in person on the day of the presidential preference primary election, at the polling place in the precinct associated with the person's reference pursuant to section 11-15.2.

§12-E General procedures for conduct of presidential preference primary elections. Unless specifically provided otherwise, all provisions regarding the conduct of the general election shall govern the conduct of the presidential primary election.

§12-F Participation in presidential preference primary election selection of a political party's candidates. (a) A political party may adopt bylaws to limit who may participate in the presidential preference primary election selection of that political party's candidates based on voter registration of party affiliation.

(b) No later than 5:00 p.m. on September 1 of the calendar year before the calendar year in which a presidential preference primary election is to be held, a political party shall submit a notice in writing to the chief election officer stating whether the party bylaws expand or limit who may participate in the presidential preference primary election for selection of that party's presidential candidates. A copy of the party's relevant bylaws shall be submitted with the notice.

(c) If a political party does not file timely notice pursuant to subsection (b), participation in presidential preference primary election selection of that party's candidates shall not be limited based on voter registration of party affiliation."

SECTION 2. Section 11-112, Hawaii Revised Statutes, is amended to read as follows:

"§11-112 Contents of ballot. (a) The ballot shall contain the names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they are running, and the district in which the election is being held. In multimember races the ballot shall state that the voter shall not vote for more than the number of seats available or the number of candidates listed where the number of candidates is fewer than the number of seats available.

(b) The ballot may include questions concerning proposed state constitutional amendments, proposed county charter amendments, or proposed initiative or referendum issues.

(d) When the electronic voting system is used, the ballot may have pre-punched codes and printed information that identify the voting districts, precincts, and ballot sets to facilitate the electronic data processing of these ballots.

(e) The name of the candidate may be printed with the Hawaiian or English equivalent or nickname, if the candidate so requests in writing at the time the candidate's nomination papers are filed. Candidates' names, including the Hawaiian or English equivalent or nickname, shall be set on one line.

(f) The ballot shall bear no word, motto, device, sign, or symbol other than as allowed in this title.

(g) The ballot may include information necessary to use ranked-choice voting as described in section 11-100.

(h) The ballot issued for a presidential preference primary election pursuant to section 12-B(b) shall contain an option for the voter to declare the voter's party registration. This declaration shall take effect immediately and supersede any previous party registration."

SECTION 3. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:

"§12-2 Primary held when; candidates only those nominated. [~~The~~] Except as provided in section 12-C, the primary shall be held on the second Saturday of August in every even numbered year.

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 4. Section 12-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Nomination papers for candidates for president of the United States, 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."

SECTION 5. (a) The chief election officer shall conduct a study to determine the feasibility of implementing a presidential preference primary in Hawaii in lieu of a party caucus. The presidential preference primary feasibility study shall include the following:

(1) Gathering data regarding other state jurisdictions with state presidential preference primaries, party caucuses, a combination of both, and state jurisdictions that may have switched from a party caucus system to a state-run presidential preference primary;

(2) Determining the impact on and any necessary amendments needed to existing state election laws, including but not limited to chapters 11, 12, 14, 15, and 19, Hawaii Revised Statutes;

(3) Collaborating and coordinating with the political parties represented in presidential elections to determine the following:

(A) Timing for presidential nominations and primary elections in Hawaii in relation to other state jurisdictions and any national convention;

(B) Presidential nomination paper and oath requirements;

(D) Presidential preference primary result requirements;

(E) Party delegation requirements for representation at each respective party national convention as a result of the presidential preference primary results; and

(F) Any other issue that the chief election officer and any political party deem necessary;

(4) Determining the financial and personnel requirements for the office of elections to hold a presidential preference primary in addition to primary and general elections; and

(5) Any other issue that the chief election officer deems necessary to include in the study.

(b) The chief election officer shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 for the chief election officer to conduct the presidential preference primary feasibility study as provided in section 5 of this Act.

The sum appropriated shall be expended by the office of elections for the purposes of this Act.

SECTION 7. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	342
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII