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SB2499
THE SENATE
S.B. NO.
2499
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO VACANCIES
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 11-118, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
����
"(b)
�
If the party fills the vacancy, and so
notifies the chief election officer or clerk not later than 4:30 p.m. on the
third day after the vacancy occurs, [
but not later than 4:30 p.m. on the
fiftieth day prior to a primary or special primary election or not later than
4:30 p.m. on the fortieth day prior to a special, general, or special general
election,
] the name of the replacement shall be printed in an available and
appropriate place on the ballot[
,
]
to the extent reasonably possible,
not necessarily in alphabetical order; provided that the replacement candidate
fills out an application for nomination papers, signs the proper certifications
on the nomination paper, and takes either an oath or affirmation as provided by
law.
�
If the party fails to fill the
vacancy pursuant to this subsection, no candidate's name shall be printed on
the ballot for the party for that race."
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SECTION
2
.
�
Section 17-3, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
����
"(b)
�
In the case of a vacancy, the term of which
does not end at the next succeeding general election:
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(1)
�
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.
�
The chief election officer
shall issue a proclamation designating the election for filling the
vacancy.
�
All candidates for the
unexpired term shall be nominated and elected in accordance with this title.
�
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.
�
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)
�
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
of the close of filing
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
]
fifty-seventh
day prior to the next succeeding primary
election.
�
The chief election officer
shall issue a proclamation designating the election for filling the
vacancy.
�
All candidates for the
unexpired term shall be nominated and 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;
����
(3)
�
If it occurs after the [
sixtieth day
]
close
of filing
prior to the next succeeding primary but not later than on the [
fiftieth
]
seventieth
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.
�
The chief
election officer shall issue a proclamation designating the election for
filling the vacancy.
�
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
]
sixtieth
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
]
sixtieth
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;
����
(4)
�
If it occurs after the [
fiftieth
]
seventieth
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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SECTION 3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 4.
�
This Act shall take effect upon its approval.
INTRODUCED
BY:
_____________________________
Report Title:
Office of
Elections Package; Vacancies; Candidates; State Senators
Description:
Amends
the processes for addressing party candidate and state senator vacancies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.