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HB2184
HOUSE OF REPRESENTATIVES
H.B. NO.
2184
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to lawmaker safety
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
�
This Act shall be known and may be
cited as the Protecting Legislators' Safety Act.
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SECTION
2.
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The legislature finds that political
violence is the antithesis of democracy because it subverts the foundational
principles.
�
Political violence stifles
critical forms of public engagement, including voting, community organizing,
and running for office.
�
Political
violence also chills free expression by replacing debate and discussion with
threats and intimidation.
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The
legislature further finds that the incidence of political violence against
legislators in the United States is increasing.
�
Incidents include the arrest of a pardoned U.S. Capital rioter for
threatening to "eliminate" the U.S. House Minority Leader, the
assassination of a Minnesota state representative and attempted assassination
of a Minnesota state senator, the bomb threats against Texas lawmakers, the
battery of the former U.S. House Speaker's spouse, and shooting at a baseball
practice of Republican congresspersons.
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Accordingly,
the purpose of this Act is to protect the safety of state legislators by limiting
the availability of legislators' personal information.
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SECTION
3
.
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Section 11-14.5, Hawaii Revised Statutes, is
amended to read as follows:
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"
�11-14.5
�
Residence address; confidentiality.
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(a)
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If a [
life threatening
]
life-threatening
circumstance exists to:
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(1)
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A law enforcement person;
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(2)
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The law enforcement person's family; or
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(3)
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Persons otherwise determined by the clerk of
the county in which the person is registered,
that person may apply to the county clerk in writing
to keep confidential the information relating to the residence address and
telephone number contained in the affidavit of registration of that person, or
any list or register prepared therefrom.
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(b)
�
If the disclosure of the residence address or
telephone number of a person would result in an unwarranted invasion of
personal privacy or expose the person or a member of the person's family to
risk of bodily harm, the person may apply to the chief election officer or
county clerk to keep confidential the person's residence address and telephone
number contained in the person's affidavit of registration, or any list or
register prepared therefrom.
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(c)
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Upon good cause shown, the clerk shall
determine whether to grant confidentiality in accordance with rules established
by the chief election officer, and that decision shall be final.
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(d)
�
Notwithstanding subsections (a) through (c),
the residence address and telephone number of any member of the legislature,
whether elected or appointed, contained in the member's affidavit of
registration and any list or register prepared therefrom, shall be kept
confidential by the county clerk without the need for the member to demonstrate
a life-threatening circumstance; provided that a member of the legislature may
affirmatively elect in writing to opt out of this confidentiality.
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No
later than three days after a person is declared duly and legally elected
pursuant to chapter 12 to the office of state senator or state representative,
the county clerk shall implement the confidentiality protections required by
this subsection.
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[
(d)
]
(e)
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If the voter registration of
a person covered by this section is challenged, the clerk shall release the
residence address of that person to the challenger pursuant to rules
established by the chief election officer.
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If an appeal is taken relating to the challenge, the residence address
shall also be released to the appropriate appellate body.
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(f)
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Nothing in this section shall be construed to
limit the disclosure of a residence address when required for purposes of
nomination papers, nomination paper challenges, election contests, or the
determination of the qualifications of members of the legislature pursuant to
article III, section 12, of the Hawaii State Constitution.
"
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SECTION
4
.
�
Section 11-331, Hawaii Revised Statutes, is
amended by amending subsection (f) to read as follows:
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"
(f)
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All reports filed under this part are public
records and shall be made available for public inspection on the commission's
website in a searchable database[
.
]
; provided that the commission
shall not make the residence address of a person who is declared to be duly and
legally elected pursuant to chapter 12 to the office of state senator or state
representative available to the public on the searchable database unless the
person opts out of having the residence address be kept confidential.
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Nothing
in this subsection shall be construed to prohibit the commission from
collecting, retaining, or using residence address information for purposes of
administration, audit, investigation, or enforcement of this chapter.
"
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SECTION
5
.
�
Section 12-3, Hawaii Revised Statutes, is
amended to read as follows:
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"
�12-3
�
Nomination paper; format; limitations.
�
(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 on the candidate's behalf and in the name by which the candidate is
commonly known.
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The nomination paper
shall be in a form prescribed and provided by the chief election officer
containing substantially the following information:
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(1)
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A statement by the
registered voters signing the form that they are eligible to vote for the
candidate;
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(2)
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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;
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(3)
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The
candidate's
name,
residence address
,
and [
county in which the candidate
resides;
]
other information as required by the chief election officer;
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(4)
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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;
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(5)
�
Space for the
name, signature, month and date portions of the date of birth, and residence
address of each registered voter signing the form, and other information as
determined by the chief election officer; provided that a voter's social
security number or any portion thereof and the year portion of the voter's date
of birth shall not be required;
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(6)
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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;
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(7)
�
A sworn
certification by self-subscribing oath by a party candidate that the candidate
is a member of the party;
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(8)
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For candidates
seeking elective county office, a sworn certification by self-subscribing oath
by the candidate that the candidate has complied with the relevant provisions
of the applicable county charter and county ordinances pertaining to elected
officials;
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(9)
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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 Hawaii State Constitution;
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(10)
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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
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(11)
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The name the candidate wishes to be printed on
the ballot and the mailing address of the candidate.
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(b)
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Signatures of registered voters shall not be
counted, unless they are upon the nomination paper having the format set forth
above, written or printed thereon, and if there are separate sheets to be
attached to the nomination paper, the sheets shall have the name of the
candidate, the candidate's party affiliation or nonpartisanship, and the office
and district for which the candidate is running placed thereon by the chief
election officer or the clerk.
�
The
nomination paper and separate sheets shall be provided by the chief election
officer or the clerk.
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(c)
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Nomination papers shall not be filed in
behalf of any person for more than one party or for more than one office; nor
shall any person file nomination papers both as a party candidate and as a
nonpartisan candidate.
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(d)
�
The office and district for which the
candidate is running, the candidate's name, and the candidate's party
affiliation or nonpartisanship may not be changed from that indicated on the
nomination paper and separate sheets.
�
If
the candidate wishes to run for an office or district different from that for
which the nomination paper states or under a different party affiliation or
nonpartisanship, the candidate may request the appropriate nomination paper
from the chief election officer or clerk and have it signed by the required
number of registered voters.
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(e)
�
Nomination papers that contain alterations or
changes made by anyone other than the chief election officer or the clerk to
the candidate's information, the candidate's party affiliation or
nonpartisanship, the office to which the candidate seeks nomination, or the
oath of loyalty or affirmation, after the nomination paper was issued by the
chief election officer or clerk, shall be void and will not be accepted for
filing by the chief election officer or clerk.
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(f)
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Nomination papers that are incomplete and do
not contain all of the certifications, signatures, and requirements of this
section shall be void.
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(g)
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Notwithstanding any other law to the
contrary, when a candidate is required to include a residence address on a
nomination paper pursuant to subsection (a)(3):
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(1)
�
The residence address shall be included on
the nomination paper for purposes of circulating, collecting, verifying, and
validating signatures;
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(2)
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Any nomination paper that is posted online
or otherwise made available for general public inspection by an election
official shall have the residence address redacted;
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(3)
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An unredacted copy of the nomination paper
shall be retained by the appropriate election official and shall be made
available upon lawful request, including for purposes of a nomination paper
challenge, election contest, or appeal; and
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(4)
�
Nothing in this subsection shall be
construed to limit access by election officials, courts, or the legislature to
an unredacted nomination paper when necessary to administer elections or
determine compliance with constitutional or statutory requirements.
"
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SECTION 6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 7.
�
This Act shall take effect on July 1, 2026;
provided that the amendments made to section 12-3, Hawaii Revised Statutes, by
section 4 of this Act shall not be repealed when amendments to that section
take effect on January 1, 2028, pursuant to section 5 of Act 194, Session Laws
of Hawaii 2025.
INTRODUCED BY:
_____________________________
Report Title:
Legislators;
Personal Information; Confidential; Voter Registration; Nomination Papers
Description:
Prohibits
the public disclosure of legislators' personal contact information in a voter's
affidavit of registration, nomination papers, and electronic database for
campaign committees.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.