SB 2499: Office of Elections Package; Vacancies; Candidates; State Senators

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."

     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:

     (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;

     (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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

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.

STAND. COM. REP. NO. 2802

Honolulu, Hawaii

RE:     S.B. No. 2499

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2499 entitled:

"A BILL FOR AN ACT RELATING TO VACANCIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the processes for addressing party candidate and state senator vacancies.

     Your Committee received testimony in support of this measure from the Office of Elections and League of Women Voters of Hawaii.

     Your Committee finds that the Uniform and Overseas Citizens Absentee Voting Act and its state counterpart require ballots to be transmitted to military and overseas voters at least forty-five days prior to an election.  To produce the ballot in a timely manner, significant preparation is required of the Office of Elections.  Additionally, the Office of Elections must address challenges and objections that may arise after candidate filing deadlines or primary election results, further impacting the timeline for producing the ballot.  Existing law governing regularly scheduled elections accounts for these factors.  However, it does not do so for state senate vacancy elections.  Under existing law, a vacancy in the state senate may trigger an election in as few as fifty days, leaving insufficient time for ballot preparation and transmission.  This measure will clarify and align timelines related to state senate vacancies to ensure that the Office of Elections has sufficient time to prepare ballots in compliance with state and federal election requirements.

     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. 2499 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,