RELATING TO LEGISLATIVE VACANCIES.

SB2016

THE SENATE

S.B. NO.

2016

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO LEGISLATIVE VACANCIES
.

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

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SECTION 1.
�
The
legislature finds that when seats in the legislature become vacant, state law
should facilitate the appointment of replacement legislators to ensure
continuity in the representation of constituents.

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Accordingly, the purpose of this Act is to provide
that if a vacancy occurs in the legislature before due to the death or
permanent incapacitation of a legislator before a primary election, but after
the close of filing for candidacy in that election, and the incumbent was the
only person on any ballot for that seat for that election, the governor's
appointment of a replacement shall be valid for both the unexpired term and the
succeeding term.

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SECTION
2
.
�
Section 17-3, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"(a)
�

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)
�
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 for at least six
months immediately [
prior to
]
before
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.
�
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)
�
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[
,
]
to
fill the vacancy for the unexpired term,
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
]

before
to the appointment, a member of any political party[
.
]
;

provided
that if the vacancy occurs due to the death or permanent incapacitation of the
prior incumbent before a primary election, but after the close of filing for candidacy
in that election, and the prior incumbent's name was the only name on any
ballot for that seat for that election, the governor's appointment shall be
valid for both the unexpired term and the succeeding term.
"

����
SECTION
3
.
�
Section 17-4, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�17-4
�
State representatives.
�
[
(a)
]
�

Whenever any vacancy in the membership of the state house of
representatives occurs[
, the
]
:

����
(1)
�
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
]
before
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[
.
]
;
and

[
(b)
]
(2)

If the prior incumbent was not a member of any political party, the
governor, within sixty calendar days following the first day of vacancy[
,
]

to fill the vacancy for the unexpired term,
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
]
before
the appointment, a member of
any political party[
.
]
;

provided that
if the vacancy
occurs due to the death or permanent incapacitation of the prior incumbent
before a primary election, but after the close of filing for candidacy in that
election, and the prior incumbent's name was the only name on any ballot for
that seat for that election, the governor's appointment shall be valid for both
the unexpired term and the succeeding term.
"

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SECTION 4.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 5.
�

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

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SECTION 6.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Legislature;
Senators; Representatives; Vacancies; Appointments; Term

Description:

Establishes
that if the death or permanent incapacitation of the prior incumbent leaves a
legislative seat vacant before a primary election, but after the close of
filing for candidacy in that election, and the prior incumbent's name was the
only name on any ballot for that seat for that election, the Governor's
appointment of a replacement shall be valid for both the unexpired term and the
succeeding term.

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