SB 114: RELATING TO ELECTIONS.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-02-05
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Beginning 6/1/2026, establishes presidential preference primary elections for the 2028 election cycle. Appropriates funds. Effective 4/23/2057. (SD1)
Beginning 6/1/2026, establishes presidential preference primary elections for the 2028 election cycle. Appropriates funds.
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THE SENATE |
S.B. NO. |
114 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
""Presidential preference primary" means an election whereby candidates associated with a political party receive votes to be its presidential nominee at its national convention The political party shall send delegates to its national convention in accordance with the convention's rules concerning delegates from each state, which may or may not ultimately factor in the results of the presidential preference primary election."
SECTION 2. Section 11-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any group of persons hereafter desiring to qualify as a political party for election ballot purposes in the State shall file with the chief election officer a petition as provided in this section. The petition for qualification as a political party shall:
(1) Be filed [not] no later
than 4:30 p.m. on the one hundred seventieth day [prior to] before
the next primary[;] election; provided that for a group of persons to
qualify as a political party for a presidential preference primary election,
the petition for qualification shall be filed no later than 4:30 p.m. on the
ninetieth day before the close of filing of nomination papers for presidential
candidates;
(2) Declare as concisely as may be the intention of signers thereof to qualify as a statewide political party in the State and state the name of the new party;
(3) Contain the name, signature, residence address, month and date portion of the date of birth, and other information as determined by the chief election officer of currently registered voters comprising not less than one-tenth of one per cent of the total registered voters of the State as of the last preceding general election;
(4) Be accompanied by the names and addresses of the officers of the central committee and of the respective county committees of the political party and by the party rules; and
(5) Be upon the form prescribed and provided by the chief election officer."
SECTION 3. Section 11-173.5, Hawaii Revised Statutes, is amended to read as follows:
"§11-173.5 Contests for cause in primary[,] elections,
special primary elections, presidential preference primary elections, and
county elections held concurrently with a regularly scheduled primary [or],
special primary, or presidential preference primary election. (a) In
a primary [and], special primary, or presidential preference
primary election contest, or a county election contest held concurrently
with a regularly scheduled primary [or], special primary, or
presidential preference primary election, the complaint shall be filed in
the office of the clerk of the supreme court no later than 4:30 p.m. on the
thirteenth day after [a primary or special primary election or a county
election contest held concurrently with a regularly scheduled primary or
special primary] the election, and shall be accompanied by a deposit
for costs of court as established by the rules of the supreme court. The clerk shall issue to the defendants named
in the complaint a summons to appear before the supreme court no later than
4:30 p.m. on the fifth day after service of the summons.
(b)
In primary [and], special primary, and presidential
preference primary election contests, and county election contests held
concurrently with a regularly scheduled primary [or], special
primary, or presidential preference primary election, the court shall
hear the contest in a summary manner and at the hearing the court shall cause
the evidence to be reduced to writing and shall [not], no later
than 4:30 p.m. on the fourth day after the return give judgment fully stating
all findings of fact and conclusions of law. The judgment shall decide [what] which
candidate was nominated or elected, or the number of votes received by each
candidate and voting position in a presidential preference primary election,
as the case may be, in the manner presented by the petition, and a certified
copy of the judgment shall [forthwith] be served on the chief election
officer or [the] county clerk, as the case may be, who shall place the
name of the candidate declared to be nominated on the ballot for the
forthcoming general, special general, or runoff election[.]; provided
that the presidential candidates who appear on the general election ballot
shall be determined in a manner consistent with section 11-113. The judgment shall be conclusive of the right
of the candidate so declared to be nominated; provided that this subsection
shall not operate to amend or repeal section 12-41[.]; provided
further that the right of a presidential candidate to the office shall depend
upon the outcome of the national electoral vote."
SECTION 4. Section 11-174.5, Hawaii Revised Statutes, is amended to read as follows:
"§11-174.5
Contests
for cause in general, special general, special, and runoff elections. (a) In
general, special general, special, or runoff elections, the complaint shall be
filed in the office of the clerk of the supreme court [not] no
later than 4:30 p.m. on the twentieth day following the general, special
general, special, or runoff election and shall be accompanied by a deposit for
costs of court as established by rules of the supreme court. The clerk shall issue to the defendants named
in the complaint a summons to appear before the supreme court [not] no
later than 4:30 p.m. on the tenth day after service thereof.
(b) In cases involving general, special general, special, or runoff elections, the complaint shall be heard by the supreme court in which the complaint was filed as soon as it reasonably may be heard. On the return day, the court, upon its motion or otherwise, may direct summons to be issued to any person who may be interested in the result of the proceedings.
At
the hearing, the court shall cause the evidence to be reduced to writing and
shall give judgment, stating all findings of fact and conclusions of
law. The judgment may [invalidate]:
(1) Invalidate
the general, special general, special, or runoff election on the grounds that a
correct result cannot be ascertained because of a mistake or fraud on the part
of the voter service center officials; [or decide]
(2) Decide
that a certain candidate, or certain candidates, received a majority or
plurality of votes cast and were elected[.]; or
If the
judgment [should be] is that the general, special general,
special, or runoff election was invalid, a certified copy thereof shall be
filed with the governor, and the governor shall duly call a new election to be
held [not] no later than one hundred twenty days after the
judgment is filed. If the court [shall
decide] decides which candidate or candidates have been elected, or
which presidential candidate received a majority or plurality of votes cast,
a copy of that judgment shall be served on the chief election officer or county
clerk, who shall sign and deliver to the candidate or candidates certificates
of election, and the same shall be conclusive of the right of the candidate or
candidates to the offices[.]; provided that the right of a
presidential candidate to the office shall depend upon the outcome of the
national electoral vote. The court shall
issue any judgment in a case involving a presidential candidate before the
convening of the electoral college."
SECTION 5. Section 12-1, Hawaii Revised Statutes, is amended to read as follows:
"§12-1 Application of chapter. All candidates for elective office, except as provided in section 14-21, shall be nominated in accordance with this chapter and not otherwise. This chapter is applicable to the presidential preference primary election, but shall not supersede section 11‑113 concerning the names that will appear on the general election ballot."
SECTION 6. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:
"§12-2 Primary election held when; candidates
only those nominated. The primary election
shall be held on the second Saturday of August in every even numbered year[.];
provided that the presidential preference primary election shall be held on the
first Tuesday after the first Monday in April in any year that is evenly
divisible by the number four and at which delegations to national party
conventions are to be chosen. A
presidential preference primary election shall not be considered a state
holiday pursuant to section 8-1.
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[.] election;
provided that, consistent with section 11-113, a
presidential preference primary election candidate who is not the winner of the
presidential preference primary election shall not be precluded from appearing
on the general election ballot."
SECTION 7. Section 12-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§12-2.5 Nomination papers; when available. Nomination papers shall be made available
from the first working day of February in every even-numbered year; provided
that in the case of a special primary or special election, nomination papers
shall be made available [at least] no fewer than ten days [prior
to] before the close of filing[.]; provided further that nomination papers for a presidential preference
primary election shall only be for political parties recognized under section
11‑61 and shall become available no later than one hundred forty‑five
days before the presidential preference primary election to which they
correspond."
SECTION 8. Section 12-3, Hawaii Revised Statutes, is amended to read as follows:
"§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. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:
(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;
(2) 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;
(3) The residence address and county in which the candidate resides;
(4) 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;
(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;
(6) 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;
(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party; provided that in a presidential preference primary a party shall include membership in the national party or an affiliated political party in another state who will be sending delegates to the same national convention as the party as defined in section 11-61;
(8) 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;
(9) 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;
(10) 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
(11) The name the candidate wishes to be printed on the ballot and the mailing address of the candidate.
(b) 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.
(c) 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.
(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.
(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.
(f) Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void.
(g) This section shall additionally apply to candidates seeking to appear on the presidential preference primary election ballot for a political party recognized under section 11-61; provided that no nonpartisan candidates shall be permitted in a presidential preference primary election."
SECTION 9. Section 12-4, Hawaii Revised Statutes, is amended to read as follows:
"§12-4 Nomination papers; qualifications of signers. (a) No person shall sign the nomination papers of more than one candidate, partisan or nonpartisan, for the same office, unless there is more than one office in a class in which case no person shall sign papers for more than the actual number of offices in a class. Nomination papers shall be construed in this regard according to priority of filing, and the name of any person appearing thereon shall be counted only so long as this provision is not violated, and not thereafter.
(b) Names on nomination papers shall not be counted, unless the signer is a registered voter and is eligible to vote for the candidate. The chief election officer or clerk shall use the most currently compiled general county register available at the time the nomination paper is presented for filing to determine the eligibility of the registered voters to sign for the candidate. Voter registration affidavits that have not been entered into the voter register by the clerk shall not be considered or accepted for this check. At the time of filing, the chief election officer or clerk may reject the candidate's nomination paper for lack of sufficient signers who are eligible to vote for the candidate.
(c)
Any registered voter who, after signing a nomination paper, seeks to
withdraw the voter's signature shall do so by providing written notice to the
chief election officer, or clerk in the case of a county office, any time
before the filing of the candidate's nomination paper; provided that the notice
is received by the chief election officer, or clerk in the case of a county
office, no later than 4:30 p.m. on the fourth business day [prior to] before
the close of filing pursuant to section 12-6. The written notice shall include the voter's
name[,] and residence address, the month and date portions of the
voter's date of birth, the voter's signature, the name of the candidate, and a
statement that the voter wishes to remove the voter's signature from the
candidate's nomination paper; provided that the written notice shall not
require the voter's social security number or any portion thereof and the year
portion of the voter's date of birth.
Any request by a registered voter to remove the voter's signature from a
candidate's nomination paper that is received by the chief election officer, or
clerk in the case of a county office, after the candidate's nomination paper
has been filed or after 4:30 p.m. on the fourth business day [prior to] before
the close of filing shall not be accepted.
(d) Within twenty-four hours upon receipt of a written notice pursuant to subsection (c), the chief election officer, or clerk in the case of a county office, shall send written notice via registered mail to the candidate that the voter requested to have the voter's signature removed from the candidate's nomination paper and that the signature of the voter shall not be counted.
(e) This section shall additionally apply to candidates seeking to appear on the presidential preference primary election ballot for a political party recognized under section 11-61."
SECTION 10. Section 12-5, Hawaii Revised Statutes, is amended to read as follows:
"§12-5 Nomination papers: number of signers. (a) Nomination papers for candidates for president in the presidential preference primary election shall be signed by not less than twenty-five registered voters of the State.
[(a)] (b) Nomination papers for candidates for 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.
[(b)] (c) Nomination papers for candidates for either
branch of the legislature and for county office shall be signed by not less
than fifteen registered voters of the district or county or subdivision thereof
for which the person nominated is a candidate.
[(c)] (d) Nomination papers for candidates for members
of the board of trustees of the office of Hawaiian affairs shall be signed by
not less than twenty-five persons registered to vote.
[(d)] (e) No signatures shall be required on nomination
papers for candidates filing to run in a special primary or special election to
fill a vacancy."
SECTION 11. Section 12-6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
For members of Congress, state offices, county offices, and the board of
trustees for the office of Hawaiian affairs, nomination papers shall be filed
with the chief election officer, or clerk in case of county offices, [not]
no later than 4:30 p.m. on the first Tuesday in June. [However, in] For presidential
candidates, nomination papers shall be filed with the chief election officer no
later than 4:30 p.m. on the eighty-fifth day before the date of the presidential
preference primary election. In the
event of a special primary or special election, the filing deadline shall be
determined in the proclamation that is issued calling for the election as
provided for by state law or county charter.
A state candidate from the counties of Hawaii, Maui, and Kauai may file
the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the
chief election officer the state candidate's declaration of candidacy without
delay."
2. By amending subsections (c) through (f) to read:
"[[](c)[]] There shall be deposited with each nomination
paper a filing fee on account of the expenses attending the holding of the
primary, special primary, or special election, which shall be paid into
the treasury of the State, or county, as the case may be, as a realization:
(1) For president of the United States--$750;
[(1)] (2) For United States senators [and]--$750;
(3) For
United States representatives--[$75;] $375;
[(2)] (4) For governor and lieutenant governor--$750;
[(3)] (5) For mayor--$500; and
[(4)] (6) For all other offices--$250.
[[](d)[]] Upon the receipt by the chief election
officer or the clerk of the nomination paper of a candidate, the day, hour, and
minute when it was received shall be endorsed thereon.
(e)
Upon the showing of a certified copy of an affidavit [which] that
has been filed with the campaign spending commission pursuant to section 11-423
by a candidate who has voluntarily agreed to abide by spending limits, the
chief election officer or clerk shall discount the filing fee of the candidate
by the following amounts:
(1) For the office of governor and lieutenant governor-‑$675;
(2) For the office of mayor--$450; and
(3) For all other offices--$225.
[[](f)[]] The chief election officer or clerk shall
waive the filing fee in the case of a person who declares, by affidavit, that
the person is indigent and who has filed a petition signed by currently
registered voters who constitute at least one-half of one per cent of the total
voters registered at the last preceding general election in the respective
district or districts [which] that correspond to the specific
office for which the indigent person is a candidate. This petition shall be submitted on the form
prescribed and provided by the chief election officer together with the
nomination paper required by this chapter."
SECTION 12. Section 12-7, Hawaii Revised Statutes, is amended to read as follows:
"§12-7 Filing of oath. The name of [no] a candidate
for any office shall not be printed upon any official ballot, in any
election, including a presidential preference primary election, unless
the candidate [shall have] has taken and subscribed to the
following written oath or affirmation, and filed the oath with the candidate's
nomination papers.
The written oath or affirmation shall be in the following form:
"I,..............., do solemnly swear and declare, on oath that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will faithfully discharge my duties as.....(name of office)...............to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; So help me God."
Upon being satisfied as to the sincerity of
any person claiming that the person is unwilling to take the above prescribed
oath only because the person is unwilling to be sworn, the person may be
permitted, in lieu of the oath, to make the person's solemn affirmation which
shall be in the same form as the oath except that the words "sincerely and
truly affirm" shall be substituted for the word "swear" and the
phrases "on oath" and "So help me God" shall be omitted. [Such] The affirmation shall be
of the same force and effect as the prescribed oath.
The oath or affirmation shall be subscribed before the officer administering the same, who shall endorse thereon the fact that the oath was subscribed and sworn to or the affirmation was made together with the date thereof and affix the seal of the officer's office or of the court of which the officer is a judge or clerk.
It shall be the duty of every notary public or other public officer by law authorized to administer oaths to administer the oath or affirmation prescribed by this section and to furnish the required endorsement and authentication."
SECTION 13. Section 12-8, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
All nomination papers filed in conformity with section 12-3 shall be
deemed valid unless objection is made thereto by a registered voter, an officer
of a political party whose name is on file with the chief election officer, the
chief election officer, or the county clerk in the case of a county
office. All objections shall be filed in
writing [not] no later than 4:30 p.m. on the sixtieth day or the
next earliest working day [prior to] before the primary or
special election[.]; provided that objections
to the nomination papers of presidential candidates shall be filed in writing
no later than 4:30 p.m. on the seventy-fifth day or the next earliest working
day before the presidential preference primary election."
2. By amending subsection (f) to read:
"(f) If a political party objects to the
nomination paper filed by a candidate because the candidate is not a member of
the party pursuant to the party's rules filed in conformance with section
11-63, or for a presidential preference primary election a political party
objects to the nomination paper filed by a candidate because the candidate is
not associated with the national party that the candidate claims to be
associated with or an affiliated party in another state who will be sending
delegates to the same national convention, an officer of the party whose
name appears on file with the chief election officer shall file a complaint in
the circuit court for a prompt determination of the objection; provided that
the complaint shall be filed with the clerk of the circuit court [not] no
later than 4:30 p.m. on the sixtieth day or the next earliest working day [prior
to] before that election day[.]; provided further that a complaint objecting to the nomination papers of a
presidential candidate shall be filed with the clerk of the circuit court no
later than 4:30 p.m. on the seventy-fifth day or the next earliest working day
before the presidential preference primary election."
SECTION 14. Section 12-9, Hawaii Revised Statutes, is amended to read as follows:
"§12-9 List of candidates. As soon as possible but [not] no
later than 4:30 p.m. on the fifth day after the close of filing, the
chief election officer shall transmit to each county clerk and the county clerk
shall transmit to the chief election officer certified lists containing the
names of all persons, the office for which each is a candidate, and their party
designation, or designation of nonpartisanship, as the case may be, for whom
nomination papers have been duly filed in [his] the chief election officer's
or county clerk's office and who are entitled to be voted for at the
primary, special primary, or special election[.]; provided
that nonpartisan candidates shall not be permitted in a presidential preference
primary election."
SECTION 15. Section 12-21, Hawaii Revised Statutes, is amended to read as follows:
"§12-21 Official party ballots. The primary or special election
primary ballot shall be clearly designated as such. The names of the candidates of each party
qualifying under section 11-61 or 11-62 and of nonpartisan candidates may be
printed on separate ballots, or on a single ballot[.]; provided that any names of nonpartisan candidates shall not be permitted
on the ballot in a presidential preference primary election. The name of each party and the nonpartisan
designation shall be distinctly printed and sufficiently separate from each
other. The names of all candidates shall
be printed on the ballot as provided in section 11-115. When the names of all candidates of the same
party for the same office exceed the maximum number of voting positions on a
single side of a ballot card, the excess names may be arranged and listed on
both sides of the ballot card and additional ballot cards if necessary. When separate ballots for each party are not
used, the order in which parties appear on the ballot, including nonpartisan,
shall be determined by lot.
The chief election officer or the county
clerk, in the case of county elections, shall approve printed samples or proofs
of the respective party ballots as to uniformity of size, weight, shape, and
thickness [prior to] before final printing of the official
ballots."
SECTION 16. Section 12-31, Hawaii Revised Statutes, is amended to read as follows:
"§12-31 Selection of party
ballot; voting. No person eligible
to vote in any primary or special primary election shall be required to state a
party preference or nonpartisanship as a condition of voting. Each voter shall be issued the primary or
special primary election ballot for each party and the nonpartisan
primary or special primary election ballot. A voter shall be entitled to vote only for
candidates of one party or only for nonpartisan candidates[.];
provided that nonpartisan candidates shall not be on the ballot in a
presidential preference primary election.
If the primary or special primary election ballot is marked
contrary to this paragraph, the ballot shall not be counted.
In any primary or special primary election
in the year 1979 and thereafter, a voter shall be entitled to select and [to]
vote the ballot of any one party or nonpartisan, regardless of which ballot the
voter voted in any preceding primary or special primary election[.];
provided that any nonpartisan candidates shall not be on the ballot in a
presidential preference primary election."
SECTION 17. Section 12-41, Hawaii Revised Statutes, is amended to read as follows:
"§12-41 Result of election. (a)
The person or persons receiving the greatest number of votes at the
primary or special primary election as a candidate of a party for an
office shall be the candidate of the party at the following general or special
general election but [not] no more candidates for a party than
there are offices to be elected; provided that any candidate for any county
office who is the sole candidate for that office at the primary or special
primary election, or who would not be opposed in the general or special general
election by any candidate running on any other ticket, nonpartisan or
otherwise, and who is nominated at the primary or special primary election
shall, after the primary or special primary election, be declared to be duly
and legally elected to the office for which the person was a candidate
regardless of the number of votes received by that candidate.
(b)
Any nonpartisan candidate receiving at least ten per cent of the total
votes cast for the office for which the person is a candidate at the primary or
special primary[,] election, or a vote equal to the lowest vote
received by the partisan candidate who was nominated in the primary or special
primary[,] election, shall also be a candidate at the following
election; provided that when more nonpartisan candidates qualify for nomination
than there are offices to be voted for at the general or special general
election, there shall be certified as candidates for the following election
those receiving the highest number of votes, but [not] no more
candidates than are to be elected.
(c) Notwithstanding subsections (a) and (b), a candidate who receives the most votes in a presidential preference primary election shall not necessarily appear on the general election ballot. The candidates who appear on the general election ballot shall be determined in a manner consistent with section 11-113.
SECTION 18. Section 12-42, Hawaii Revised Statutes, is amended to read as follows:
"§12-42 Unopposed candidates declared elected. (a)
Any candidate running for any office in the State [of Hawaii] in
a special election or special primary election who is the sole candidate for
that office shall, after the close of filing of nomination papers, be deemed
and declared to be duly and legally elected to the office for which the person
is a candidate. The term of office for a
candidate elected under this subsection shall begin respectively on the day of
the special election or on the day of the immediately succeeding special
general election.
(b)
Any candidate running for any office in the State [of Hawaii] in
a special general election who was only opposed by a candidate or candidates
running on the same ticket in the special primary election and is not opposed
by any candidate running on any other ticket, nonpartisan or otherwise, and is
nominated at the special primary election shall, after the special primary[,]
election, be deemed and declared to be duly and legally elected to the
office for which the person is a candidate at the special primary election
regardless of the number of votes received.
The term of office for a candidate elected under this subsection shall
begin on the day of the special general election.
(c) Notwithstanding subsections (a) and (b), an unopposed candidate in a presidential preference primary election shall not be considered to have won the general election outright."
SECTION 19. Beginning with the 2028 election, the State shall conduct a presidential preference primary election.
SECTION 20. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the administration of the presidential preference primary election in 2028.
The sums appropriated shall be expended by the office of elections for the purposes of this Act.
SECTION 21. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid to the counties for the administration of the presidential preference primary election in 2028 as follows:
(1) $ to the county of Hawai‘i;
(2) $ to the city and county of Honolulu;
(3) $ to the county of Kaua‘i; and
(4) $ to the county of Maui.
The sums appropriated shall be expended by the counties for the purposes of this Act.
SECTION 22. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 23. This Act shall take effect on April 23, 2057; provided that sections 1 through 18 shall take effect June 1, 2026.
Report Title:
Presidential Preference Primary Election; Establishment; Appropriations
Description:
Beginning 6/1/2026, establishes presidential preference primary elections for the 2028 election cycle. Appropriates funds. Effective 4/23/2057. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
114 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any group of persons hereafter desiring to qualify as a political party for election ballot purposes in the State shall file with the chief election officer a petition as provided in this section. The petition for qualification as a political party shall:
(1) Be filed [not] no later
than 4:30 p.m. on the one hundred seventieth day [prior to] before
the next primary[;] election; provided that for a group of persons to
qualify as a political party for a presidential preference primary election,
the petition for qualification shall be filed no later than 4:30 p.m. on the
ninetieth day before the close of filing of nomination papers for presidential
candidates;
(2) Declare as concisely as may be the intention of signers thereof to qualify as a statewide political party in the State and state the name of the new party;
(3) Contain the name, signature, residence address, month and date portion of the date of birth, and other information as determined by the chief election officer of currently registered voters comprising not less than one-tenth of one per cent of the total registered voters of the State as of the last preceding general election;
(4) Be accompanied by the names and addresses of the officers of the central committee and of the respective county committees of the political party and by the party rules; and
(5) Be upon the form prescribed and provided by the chief election officer."
SECTION 2. Section 11-173.5, Hawaii Revised Statutes, is amended to read as follows:
"§11-173.5 Contests for cause in primary[,] elections,
special primary elections, presidential preference primary elections, and
county elections held concurrently with a regularly scheduled primary [or],
special primary, or presidential preference primary election. (a) In
a primary [and], special primary, or presidential preference
primary election contest, or a county election contest held concurrently
with a regularly scheduled primary [or], special primary, or
presidential preference primary election, the complaint shall be filed in
the office of the clerk of the supreme court no later than 4:30 p.m. on the
thirteenth day after [a primary or special primary election or a county
election contest held concurrently with a regularly scheduled primary or
special primary] the election, and shall be accompanied by a deposit
for costs of court as established by the rules of the supreme court. The clerk shall issue to the defendants named
in the complaint a summons to appear before the supreme court no later than
4:30 p.m. on the fifth day after service of the summons.
(b)
In primary [and], special primary, and presidential
preference primary election contests, and county election contests held
concurrently with a regularly scheduled primary [or], special
primary, or presidential preference primary election, the court shall
hear the contest in a summary manner and at the hearing the court shall cause
the evidence to be reduced to writing and shall [not], no later
than 4:30 p.m. on the fourth day after the return give judgment fully stating
all findings of fact and conclusions of law. The judgment shall decide [what] which
candidate was nominated or elected, or the number of votes received by each
candidate and voting position in a presidential preference primary election,
as the case may be, in the manner presented by the petition, and a certified
copy of the judgment shall [forthwith] be served on the chief election
officer or [the] county clerk, as the case may be, who shall place the
name of the candidate declared to be nominated on the ballot for the
forthcoming general, special general, or runoff election[.]; provided
that the presidential candidates who appear on the general election ballot
shall be determined in a manner consistent with section 11-113. The judgment shall be conclusive of the right
of the candidate so declared to be nominated; provided that this subsection
shall not operate to amend or repeal section 12-41[.]; provided
further that the right of a presidential candidate to the office shall depend
upon the outcome of the national electoral vote."
SECTION 3. Section 11-174.5, Hawaii Revised Statutes, is amended to read as follows:
"§11-174.5
Contests
for cause in general, special general, special, and runoff elections. (a) In
general, special general, special, or runoff elections, the complaint shall be
filed in the office of the clerk of the supreme court [not] no
later than 4:30 p.m. on the twentieth day following the general, special
general, special, or runoff election and shall be accompanied by a deposit for
costs of court as established by rules of the supreme court. The clerk shall issue to the defendants named
in the complaint a summons to appear before the supreme court [not] no
later than 4:30 p.m. on the tenth day after service thereof.
(b) In cases involving general, special general, special, or runoff elections, the complaint shall be heard by the supreme court in which the complaint was filed as soon as it reasonably may be heard. On the return day, the court, upon its motion or otherwise, may direct summons to be issued to any person who may be interested in the result of the proceedings.
At
the hearing, the court shall cause the evidence to be reduced to writing and
shall give judgment, stating all findings of fact and conclusions of
law. The judgment may [invalidate]:
(1) Invalidate
the general, special general, special, or runoff election on the grounds that a
correct result cannot be ascertained because of a mistake or fraud on the part
of the voter service center officials; [or decide]
(2) Decide
that a certain candidate, or certain candidates, received a majority or
plurality of votes cast and were elected[.]; or
If the
judgment [should be] is that the general, special general,
special, or runoff election was invalid, a certified copy thereof shall be
filed with the governor, and the governor shall duly call a new election to be
held [not] no later than one hundred twenty days after the
judgment is filed. If the court [shall
decide] decides which candidate or candidates have been elected, or
which presidential candidate received a majority or plurality of votes cast,
a copy of that judgment shall be served on the chief election officer or county
clerk, who shall sign and deliver to the candidate or candidates certificates
of election, and the same shall be conclusive of the right of the candidate or
candidates to the offices[.]; provided that the right of a
presidential candidate to the office shall depend upon the outcome of the
national electoral vote. The court shall
issue any judgment in a case involving a presidential candidate before the
convening of the electoral college."
SECTION 4. Section 12-1, Hawaii Revised Statutes, is amended to read as follows:
"§12-1 Application of chapter. All candidates for elective office, except as provided in section 14-21, shall be nominated in accordance with this chapter and not otherwise. This chapter is applicable to the presidential preference primary election, but shall not supersede section 11‑113 concerning the names that will appear on the general election ballot."
SECTION 5. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:
"§12-2 Primary election held when; candidates
only those nominated. The primary election
shall be held on the second Saturday of August in every even numbered year[.];
provided that the presidential preference primary election shall be held on the
first Tuesday after the first Monday in April in any year that is evenly
divisible by the number four and at which delegations to national party
conventions are to be chosen. A
presidential preference primary election shall not be considered a state
holiday pursuant to section 8-1.
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[.] election;
provided that, consistent with section 11-113, a
presidential preference primary election candidate who is not the winner of the
presidential preference primary election shall not be precluded from appearing
on the general election ballot."
SECTION 6. Section 12-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§12-2.5 Nomination papers; when available. Nomination papers shall be made available
from the first working day of February in every even-numbered year; provided
that in the case of a special primary or special election, nomination papers
shall be made available [at least] no fewer than ten days [prior
to] before the close of filing[.]; provided further that nomination papers for a presidential preference
primary election shall only be for political parties recognized under section
11‑61 and shall become available no later than one hundred forty‑five
days before the presidential preference primary election to which they
correspond."
SECTION 7. Section 12-3, Hawaii Revised Statutes, is amended to read as follows:
"§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. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:
(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;
(2) 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;
(3) The residence address and county in which the candidate resides;
(4) 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;
(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;
(6) 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;
(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party; provided that in a presidential preference primary a party shall include membership in the national party or an affiliated political party in another state who will be sending delegates to the same national convention as the party as defined in section 11-61;
(8) 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;
(9) 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;
(10) 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
(11) The name the candidate wishes to be printed on the ballot and the mailing address of the candidate.
(b) 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.
(c) 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.
(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.
(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.
(f) Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void.
(g) This section shall additionally apply to candidates seeking to appear on the presidential preference primary election ballot for a political party recognized under section 11-61; provided that no nonpartisan candidates shall be permitted in a presidential preference primary election."
SECTION 8. Section 12-4, Hawaii Revised Statutes, is amended to read as follows:
"§12-4 Nomination papers; qualifications of signers. (a) No person shall sign the nomination papers of more than one candidate, partisan or nonpartisan, for the same office, unless there is more than one office in a class in which case no person shall sign papers for more than the actual number of offices in a class. Nomination papers shall be construed in this regard according to priority of filing, and the name of any person appearing thereon shall be counted only so long as this provision is not violated, and not thereafter.
(b) Names on nomination papers shall not be counted, unless the signer is a registered voter and is eligible to vote for the candidate. The chief election officer or clerk shall use the most currently compiled general county register available at the time the nomination paper is presented for filing to determine the eligibility of the registered voters to sign for the candidate. Voter registration affidavits that have not been entered into the voter register by the clerk shall not be considered or accepted for this check. At the time of filing, the chief election officer or clerk may reject the candidate's nomination paper for lack of sufficient signers who are eligible to vote for the candidate.
(c)
Any registered voter who, after signing a nomination paper, seeks to
withdraw the voter's signature shall do so by providing written notice to the
chief election officer, or clerk in the case of a county office, any time
before the filing of the candidate's nomination paper; provided that the notice
is received by the chief election officer, or clerk in the case of a county
office, no later than 4:30 p.m. on the fourth business day [prior to] before
the close of filing pursuant to section 12-6.
The written notice shall include the voter's name[,] and
residence address, the month and date portions of the voter's date of birth,
the voter's signature, the name of the candidate, and a statement that the
voter wishes to remove the voter's signature from the candidate's nomination
paper; provided that the written notice shall not require the voter's social
security number or any portion thereof and the year portion of the voter's date
of birth. Any request by a registered
voter to remove the voter's signature from a candidate's nomination paper that
is received by the chief election officer, or clerk in the case of a county
office, after the candidate's nomination paper has been filed or after 4:30
p.m. on the fourth business day [prior to] before the close of
filing shall not be accepted.
(d) Within twenty-four hours upon receipt of a written notice pursuant to subsection (c), the chief election officer, or clerk in the case of a county office, shall send written notice via registered mail to the candidate that the voter requested to have the voter's signature removed from the candidate's nomination paper and that the signature of the voter shall not be counted.
(e) This section shall additionally apply to candidates seeking to appear on the presidential preference primary election ballot for a political party recognized under section 11-61."
SECTION 9. Section 12-5, Hawaii Revised Statutes, is amended to read as follows:
"§12-5 Nomination papers: number of signers. (a) Nomination papers for candidates for president in the presidential preference primary election shall be signed by not less than twenty-five registered voters of the State.
[(a)] (b) Nomination papers for candidates for 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.
[(b)] (c) Nomination papers for candidates for either
branch of the legislature and for county office shall be signed by not less
than fifteen registered voters of the district or county or subdivision thereof
for which the person nominated is a candidate.
[(c)] (d) Nomination papers for candidates for members
of the board of trustees of the office of Hawaiian affairs shall be signed by
not less than twenty-five persons registered to vote.
[(d)] (e) No signatures shall be required on nomination
papers for candidates filing to run in a special primary or special election to
fill a vacancy."
SECTION 10. Section 12-6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
For members of Congress, state offices, county offices, and the board of
trustees for the office of Hawaiian affairs, nomination papers shall be filed
with the chief election officer, or clerk in case of county offices, [not]
no later than 4:30 p.m. on the first Tuesday in June. [However, in] For presidential
candidates, nomination papers shall be filed with the chief election officer no
later than 4:30 p.m. on the eighty-fifth day before the date of the presidential
preference primary election. In the
event of a special primary or special election, the filing deadline shall be
determined in the proclamation that is issued calling for the election as
provided for by state law or county charter.
A state candidate from the counties of Hawaii, Maui, and Kauai may file
the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the
chief election officer the state candidate's declaration of candidacy without
delay."
2. By amending subsections (c) through (f) to read:
"[[](c)[]] There shall be deposited with each nomination
paper a filing fee on account of the expenses attending the holding of the
primary, special primary, or special election, which shall be paid into
the treasury of the State, or county, as the case may be, as a realization:
(1) For president of the United States--$750;
[(1)] (2) For United States senators [and]--$750;
(3) For
United States representatives--[$75;] $375;
[(2)] (4) For governor and lieutenant governor--$750;
[(3)] (5) For mayor--$500; and
[(4)] (6) For all other offices--$250.
[[](d)[]] Upon the receipt by the chief election
officer or the clerk of the nomination paper of a candidate, the day, hour, and
minute when it was received shall be endorsed thereon.
(e)
Upon the showing of a certified copy of an affidavit [which] that
has been filed with the campaign spending commission pursuant to section 11-423
by a candidate who has voluntarily agreed to abide by spending limits, the
chief election officer or clerk shall discount the filing fee of the candidate
by the following amounts:
(1) For the office of governor and lieutenant governor--$675;
(2) For the office of mayor--$450; and
(3) For all other offices--$225.
[[](f)[]] The chief election officer or clerk shall
waive the filing fee in the case of a person who declares, by affidavit, that
the person is indigent and who has filed a petition signed by currently
registered voters who constitute at least one-half of one per cent of the total
voters registered at the last preceding general election in the respective
district or districts [which] that correspond to the specific
office for which the indigent person is a candidate. This petition shall be submitted on the form
prescribed and provided by the chief election officer together with the
nomination paper required by this chapter."
SECTION 11. Section 12-7, Hawaii Revised Statutes, is amended to read as follows:
"§12-7 Filing of oath. The name of [no] a candidate
for any office shall not be printed upon any official ballot, in any
election, including a presidential preference primary election, unless
the candidate [shall have] has taken and subscribed to the
following written oath or affirmation, and filed the oath with the candidate's
nomination papers.
The written oath or affirmation shall be in the following form:
"I,..............., do solemnly swear and declare, on oath that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will faithfully discharge my duties as.....(name of office)...............to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; So help me God."
Upon being satisfied as to the sincerity of
any person claiming that the person is unwilling to take the above prescribed
oath only because the person is unwilling to be sworn, the person may be
permitted, in lieu of the oath, to make the person's solemn affirmation which
shall be in the same form as the oath except that the words "sincerely and
truly affirm" shall be substituted for the word "swear" and the
phrases "on oath" and "So help me God" shall be omitted. [Such] The affirmation shall be
of the same force and effect as the prescribed oath.
The oath or affirmation shall be subscribed before the officer administering the same, who shall endorse thereon the fact that the oath was subscribed and sworn to or the affirmation was made together with the date thereof and affix the seal of the officer's office or of the court of which the officer is a judge or clerk.
It shall be the duty of every notary public or other public officer by law authorized to administer oaths to administer the oath or affirmation prescribed by this section and to furnish the required endorsement and authentication."
SECTION 12. Section 12-8, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
All nomination papers filed in conformity with section 12-3 shall be
deemed valid unless objection is made thereto by a registered voter, an officer
of a political party whose name is on file with the chief election officer, the
chief election officer, or the county clerk in the case of a county
office. All objections shall be filed in
writing [not] no later than 4:30 p.m. on the sixtieth day or the
next earliest working day [prior to] before the primary or
special election[.]; provided that objections
to the nomination papers of presidential candidates shall be filed in writing
no later than 4:30 p.m. on the seventy-fifth day or the next earliest working
day before the presidential preference primary election."
2. By amending subsection (f) to read:
"(f) If a political party objects to the
nomination paper filed by a candidate because the candidate is not a member of
the party pursuant to the party's rules filed in conformance with section
11-63, or for a presidential preference primary election a political party
objects to the nomination paper filed by a candidate because the candidate is
not associated with the national party that the candidate claims to be
associated with or an affiliated party in another state who will be sending
delegates to the same national convention, an officer of the party whose
name appears on file with the chief election officer shall file a complaint in
the circuit court for a prompt determination of the objection; provided that
the complaint shall be filed with the clerk of the circuit court [not] no
later than 4:30 p.m. on the sixtieth day or the next earliest working day [prior
to] before that election day[.]; provided further that a complaint objecting to the nomination papers of a
presidential candidate shall be filed with the clerk of the circuit court no
later than 4:30 p.m. on the seventy-fifth day or the next earliest working day
before the presidential preference primary election."
SECTION 13. Section 12-9, Hawaii Revised Statutes, is amended to read as follows:
"§12-9 List of candidates. As soon as possible but [not] no
later than 4:30 p.m. on the fifth day after the close of filing, the
chief election officer shall transmit to each county clerk and the county clerk
shall transmit to the chief election officer certified lists containing the
names of all persons, the office for which each is a candidate, and their party
designation, or designation of nonpartisanship, as the case may be, for whom
nomination papers have been duly filed in [his] the chief election officer's
or county clerk's office and who are entitled to be voted for at the
primary, special primary, or special election[.]; provided
that nonpartisan candidates shall not be permitted in a presidential preference
primary election."
SECTION 14. Section 12-21, Hawaii Revised Statutes, is amended to read as follows:
"§12-21 Official party ballots. The primary or special election
primary ballot shall be clearly designated as such. The names of the candidates of each party
qualifying under section 11-61 or 11-62 and of nonpartisan candidates may be
printed on separate ballots, or on a single ballot[.]; provided that any names of nonpartisan candidates shall not be permitted
on the ballot in a presidential preference primary election. The name of each party and the nonpartisan
designation shall be distinctly printed and sufficiently separate from each
other. The names of all candidates shall
be printed on the ballot as provided in section 11-115. When the names of all candidates of the same
party for the same office exceed the maximum number of voting positions on a
single side of a ballot card, the excess names may be arranged and listed on
both sides of the ballot card and additional ballot cards if necessary. When separate ballots for each party are not
used, the order in which parties appear on the ballot, including nonpartisan,
shall be determined by lot.
The chief election officer or the county
clerk, in the case of county elections, shall approve printed samples or proofs
of the respective party ballots as to uniformity of size, weight, shape, and
thickness [prior to] before final printing of the official
ballots."
SECTION 15. Section 12-31, Hawaii Revised Statutes, is amended to read as follows:
"§12-31 Selection of party
ballot; voting. No person eligible
to vote in any primary or special primary election shall be required to state a
party preference or nonpartisanship as a condition of voting. Each voter shall be issued the primary or
special primary election ballot for each party and the nonpartisan
primary or special primary election ballot. A voter shall be entitled to vote only for
candidates of one party or only for nonpartisan candidates[.];
provided that nonpartisan candidates shall not be on the ballot in a
presidential preference primary election.
If the primary or special primary election ballot is marked
contrary to this paragraph, the ballot shall not be counted.
In any primary or special primary election
in the year 1979 and thereafter, a voter shall be entitled to select and [to]
vote the ballot of any one party or nonpartisan, regardless of which ballot the
voter voted in any preceding primary or special primary election[.];
provided that any nonpartisan candidates shall not be on the ballot in a
presidential preference primary election."
SECTION 16. Section 12-41, Hawaii Revised Statutes, is amended to read as follows:
"§12-41 Result of election. (a)
The person or persons receiving the greatest number of votes at the
primary or special primary election as a candidate of a party for an
office shall be the candidate of the party at the following general or special
general election but [not] no more candidates for a party than
there are offices to be elected; provided that any candidate for any county
office who is the sole candidate for that office at the primary or special
primary election, or who would not be opposed in the general or special general
election by any candidate running on any other ticket, nonpartisan or
otherwise, and who is nominated at the primary or special primary election
shall, after the primary or special primary election, be declared to be duly
and legally elected to the office for which the person was a candidate
regardless of the number of votes received by that candidate.
(b)
Any nonpartisan candidate receiving at least ten per cent of the total
votes cast for the office for which the person is a candidate at the primary or
special primary[,] election, or a vote equal to the lowest vote
received by the partisan candidate who was nominated in the primary or special
primary[,] election, shall also be a candidate at the following
election; provided that when more nonpartisan candidates qualify for nomination
than there are offices to be voted for at the general or special general
election, there shall be certified as candidates for the following election
those receiving the highest number of votes, but [not] no more
candidates than are to be elected.
(c) Notwithstanding subsections (a) and (b), a candidate who receives the most votes in a presidential preference primary election shall not necessarily appear on the general election ballot. The candidates who appear on the general election ballot shall be determined in a manner consistent with section 11-113.
SECTION 17. Section 12-42, Hawaii Revised Statutes, is amended to read as follows:
"§12-42 Unopposed candidates declared elected. (a)
Any candidate running for any office in the State [of Hawaii] in
a special election or special primary election who is the sole candidate for
that office shall, after the close of filing of nomination papers, be deemed
and declared to be duly and legally elected to the office for which the person
is a candidate. The term of office for a
candidate elected under this subsection shall begin respectively on the day of
the special election or on the day of the immediately succeeding special
general election.
(b)
Any candidate running for any office in the State [of Hawaii] in
a special general election who was only opposed by a candidate or candidates
running on the same ticket in the special primary election and is not opposed
by any candidate running on any other ticket, nonpartisan or otherwise, and is
nominated at the special primary election shall, after the special primary[,]
election, be deemed and declared to be duly and legally elected to the
office for which the person is a candidate at the special primary election
regardless of the number of votes received.
The term of office for a candidate elected under this subsection shall
begin on the day of the special general election.
(c) Notwithstanding subsections (a) and (b), an unopposed candidate in a presidential preference primary election shall not be considered to have won the general election outright."
SECTION 18. Beginning with the 2028 election, the State shall conduct a presidential preference primary election.
SECTION 19. There is appropriated out of the general revenues of the State of Hawaii the sum of $4,300,424 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the administration of the presidential preference primary election in 2028.
The sums appropriated shall be expended by the office of elections for the purposes of this Act.
SECTION 20. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,780,575 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid to the counties for the administration of the presidential preference primary election in 2028 as follows:
(1) $258,075 to the county of Hawai‘i;
(2) $775,000 to the city and county of Honolulu;
(3) $147,500 to the county of Kaua‘i; and
(4) $600,000 to the county of Maui.
The sums appropriated shall be expended by the counties for the purposes of this Act.
SECTION 21. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 22. This Act shall take effect on July 1, 2025; provided that sections 1 through 18 shall take effect June 1, 2026.
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INTRODUCED BY: |
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Report Title:
Presidential Preference Primary Election; Establishment; Appropriations
Description:
Beginning 6/1/2026, establishes presidential preference primary elections for the 2028 election cycle. Appropriates funds.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Feb 6, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 6, 2025 | Reported from JDC (Stand. Com. Rep. No. 67) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Jan 31, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang; Aye(s) with reservations: Senator(s) Gabbard, San Buenaventura ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Jan 27, 2025 | The committee(s) on JDC has scheduled a public hearing on 01-31-25 9:15AM; Conference Room 016 & Videoconference. |
| Jan 16, 2025 | Referred to JDC, WAM. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 9, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Jan 31, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Hawaiian Islands Republican Women | ** Against | |
| League of Women Voters of Hawaii | ** Support |
STAND. COM. REP. NO. 67
Honolulu, Hawaii
RE: S.B. No. 114
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 114 entitled:
"A BILL FOR AN ACT RELATING TO ELECTIONS,"
begs leave to report as follows:
The purpose and intent of this measure is to establish presidential preference primary elections for the 2028 election cycle.
Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii and ten individuals.
Your Committee received testimony in opposition to this measure from Hawaiian Islands Republican Women and forty individuals.
Your Committee received comments on this measure from the Office of Elections, Office of the City Clerk of the City and County of Honolulu, and Office of the County Clerk of the County of Maui.
Your Committee finds that state run caucuses engage with a much smaller number of prospective voters, who may or may not reflect the economic, geographical, and social diversity of the State's people, despite the best efforts of the state parties to be inclusive. Your Committee further finds that the President of the United States of America is arguably the most important leader in the free world. Therefore, it is important to bring the question of who should be President to each and every registered voter in the State. This measure will make it easier for citizens of the State to participate and vote in selecting their national leader.
Your Committee has amended this measure by:
(1) Defining the term "presidential preference primary";
(2) Changing the appropriations to an unspecified amount;
(3) Inserting an effective date of April 23, 2057, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
Your Committee notes that this measure, as amended, contains unspecified appropriation amounts. A previous version of this measure contained specific appropriation amounts and your Committee received testimony from the Office of Elections, Office of the City Clerk of the City and County of Honolulu, and Office of the County Clerk of the County of Maui requesting changes to the appropriation amounts. Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting appropriation amounts of:
(1) $4,194,067 to the Office of Elections for the administration of the presidential preference primary election in 2028; and
(2) $2,177,575 as a grant-in-aid to the counties for the administration of the presidential preference primary election in 2028 as follows:
(A) $258,075 to the County of Hawaii;
(B) $1,122,000 to the City and County of Honolulu;
(C) $147,500 to the County of Kauai; and
(D) $650,000 to the County of Maui.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 114, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 114, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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Bill Author
