SB 2016: Legislature; Senators; Representatives; Vacancies; Appointments; Term

A BILL FOR AN ACT

RELATING TO LEGISLATIVE VACANCIES.

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

     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.

     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.

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

     "(a)  Whenever any vacancy in the membership of the state senate occurs, the term of which ends at the next succeeding general election:

     (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

     (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."

     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.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

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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