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HB1078
HOUSE OF REPRESENTATIVES
H.B. NO.
1078
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO STATE LEGISLATIVE VACANCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The purpose of
this Act is to provide the governor with the discretion to not make an
appointment to fill a legislative vacancy one hundred twenty days or less
before the next succeeding primary election; provided that the governor shall
be required to fill the vacancy no later than seven calendar days following the
certification of the primary election by the chief election officer.
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SECTION 2.
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Section 17-3, Hawaii Revised Statutes, is
amended to read as follows:
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�17-3
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State senator.
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(
a)
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Whenever any vacancy in the membership of the
state senate occurs, the term of which ends at the next succeeding general
election:
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(1)
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The governor shall make an appointment within
sixty calendar days following the first day of vacancy to fill the vacancy for
the unexpired term by selecting a person from a list of three prospective
appointees submitted by the same political party as the prior incumbent.
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The appointee shall be at the time of
appointment, and for at least six months immediately prior to the appointment,
a member of the political party.
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The
appointee shall, at the time of appointment, be a resident of the same senate
district as the prior incumbent.
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The
political party shall submit the list of prospective appointees to the governor
within thirty calendar days following the first day of vacancy; and
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(2)
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If the prior incumbent was not a member of any
political party, the governor shall, within sixty calendar days following the
first day of vacancy, appoint a person who is at the time of appointment a
resident of the same senate district as the prior incumbent and who is not, and
has not been for at least six months prior to the appointment, a member of any
political party.
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(b)
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In the case of a vacancy, the term of which
does not end at the next succeeding general election:
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(1)
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If it occurs not later than on the tenth day
prior to the close of filing for the next succeeding primary election, the
vacancy shall be filled for the unexpired term at the next succeeding general
election.
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The chief election officer
shall issue a proclamation designating the election for filling the vacancy.
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All candidates for the unexpired term shall be
nominated and elected in accordance with this title.
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Pending the election, the governor shall make
a temporary appointment to fill the vacancy, and the person so appointed shall
serve until the election of the person duly elected to fill the vacancy.
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The governor shall make the appointment from a
list of three prospective appointees submitted by the same political party as
the prior incumbent.
�
The appointee shall
be, at the time of the appointment, and shall have been, for at least six
months immediately prior to the appointment, a member of the political party.
�
The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior incumbent.
�
If the prior incumbent was not a member of any
political party, the governor shall appoint a person who is at the time of
appointment a resident of the same senate district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party;
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(2)
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If it occurs later than on the tenth day prior
to the close of filing for the next succeeding primary election but not later
than on the sixtieth day prior to the next succeeding primary election, or if
there are no qualified candidates for any party or nonpartisan candidates
qualified for the primary election ballot, nominations for the unexpired term
may be filed not later than 4:30 p.m. on the fiftieth day prior to the next
succeeding primary election.
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The chief
election officer shall issue a proclamation designating the election for
filling the vacancy.
�
Pending the
election the governor shall make a temporary appointment to fill the vacancy
and the person appointed shall serve until the election of the person duly
elected to fill the vacancy.
�
The
governor shall make the appointment from a list of three prospective appointees
submitted by the same political party as the prior incumbent.
�
The appointee shall be, at the time of the
appointment, and shall have been, for at least six months immediately prior to
the appointment, a member of the political party.
�
The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior incumbent.
�
If the prior incumbent was not a member of any
political party, the governor shall appoint a person who is at the time of
appointment a resident of the same senate district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party;
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(3)
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If it occurs after the sixtieth day prior to
the next succeeding primary but not later than on the fiftieth day prior to the
next succeeding general election, or if there are no qualified candidates for
any party or nonpartisan candidates in the primary, the vacancy shall be filled
for the unexpired term at the next succeeding general election.
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The chief election officer shall issue a
proclamation designating the election for filling the vacancy.
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Party candidates for the unexpired senate term
shall be nominated by the county committees of the parties not later than 4:30
p.m. on the fortieth day prior to the general election; nonpartisan candidates
may file nomination papers for the unexpired term not later than 4:30 p.m. on
the fortieth day prior to the general election with the nonpartisan candidate
who is to be nominated to be decided by lot, under the supervision of the chief
election officer.
�
The candidates for the
unexpired term shall be elected in accordance with this title.
�
Pending the election, the governor shall make
a temporary appointment to fill the vacancy, and the person appointed shall
serve until the election of the person duly elected to fill the vacancy.
�
The governor shall make the appointment from a
list of three prospective appointees submitted by the same political party as
the prior incumbent.
�
The appointee shall
be, at the time of the appointment, and shall have been, for at least six
months immediately prior to the appointment, a member of the political party.
�
The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior incumbent.
�
If the prior incumbent was not a member of any
political party, the governor shall appoint a person who is at the time of
appointment a resident of the same senate district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party;
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(4)
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If it occurs after the fiftieth day prior to
the next succeeding general election or if no candidates are nominated, the
governor shall make an appointment to fill the vacancy for the unexpired term
by selecting a person from a list of three prospective appointees submitted by
the same political party as the prior incumbent.
�
The appointee shall be, at the time of the
appointment, and shall have been, for at least six months immediately prior to
the appointment, a member of the political party.
�
The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior incumbent.
�
If the prior incumbent was not a member of any
political party, the governor shall appoint a person who is at the time of
appointment a resident of the same senate district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party.
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(c)
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Notwithstanding any law to the contrary, if a
vacancy occurs one hundred twenty days or less before the next succeeding
primary election, the governor shall make an appointment no later than
seven calendar days following the certification of the
primary election by the chief election officer
.
"
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SECTION
3.
�
Section 17-4, Hawaii Revised
Statutes, is amended to read as follows:
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"
�17-4
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State representatives.
�
(a)
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Whenever
any vacancy in the membership of the state house of representatives occurs, the
governor shall make an appointment within sixty calendar days following the
first day of vacancy to fill the vacancy for the unexpired term by selecting a
person from a list of three prospective appointees submitted by the same
political party as the prior incumbent.
�
The
appointee shall be, at the time of appointment, and shall have been, for at
least six months immediately prior to the appointment, a member of the
political party.
�
The appointee shall, at
the time of appointment, be a resident of the same state representative
district as the prior incumbent.
�
The
political party shall submit the list of prospective appointees to the governor
within thirty calendar days following the first day of vacancy.
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(b)
�
If the prior incumbent was not a member of
any political party, the governor, within sixty calendar days following the
first day of vacancy, shall appoint a person who is at the time of appointment
a resident of the same state representative district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party.
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(c)
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Notwithstanding any law to the contrary, if
the vacancy occurs one hundred twenty days or less before the next succeeding
primary election, the governor shall make an appointment no later than seven
calendar days following the certification of the primary election by the chief
election officer.
"
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SECTION 4.
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New statutory material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Legislative Vacancies; Legislative Appointments; Primary
Election
Description:
Provides the Governor with discretion to not fill a vacant
legislative position if the vacancy occurs one hundred twenty days or less from
an upcoming primary election until after the results of the primary election
are certified.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.