SB 2914: Legislators; Personal Information; Confidential; Voter Registration; Nomination Papers

THE SENATE	S.B. NO.	2914
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to lawmaker safety.

 

 

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

 

     SECTION 1.  This Act shall be known and may be cited as the Protecting Legislators' Safety Act.

     SECTION 2.  The legislature finds that political violence is the antithesis of democracy because it subverts the foundational principles.  Political violence stifles critical forms of public engagement, including voting, community organizing, and running for office.  Political violence also chills free expression by replacing debate and discussion with threats and intimidation.

     The legislature further finds that the incidence of political violence against legislators in the United States is increasing.  Incidents include the arrest of a pardoned U.S. Capital rioter for threatening to "eliminate" the U.S. House Minority Leader, the assassination of a Minnesota state representative and attempted assassination of a Minnesota state senator, the bomb threats against Texas lawmakers, the battery of the former U.S. House Speaker's spouse, and shooting at a baseball practice of Republican congresspersons.

     Accordingly, the purpose of this Act is to protect the safety of state legislators by limiting the availability of legislators' personal information.

     SECTION 3.  Section 11-14.5, Hawaii Revised Statutes, is amended to read as follows:

     "§11-14.5  Residence address; confidentiality.  (a)  If a [life threatening] life-threatening circumstance exists to:

     (1)  A law enforcement person;

     (2)  The law enforcement person's family; or

     (3)  Persons otherwise determined by the clerk of the county in which the person is registered,

that person may apply to the county clerk in writing to keep confidential the information relating to the residence address and telephone number contained in the affidavit of registration of that person, or any list or register prepared therefrom.

     (b)  If the disclosure of the residence address or telephone number of a person would result in an unwarranted invasion of personal privacy or expose the person or a member of the person's family to risk of bodily harm, the person may apply to the chief election officer or county clerk to keep confidential the person's residence address and telephone number contained in the person's affidavit of registration, or any list or register prepared therefrom.

     (c)  Upon good cause shown, the clerk shall determine whether to grant confidentiality in accordance with rules established by the chief election officer, and that decision shall be final.

     (d)  Notwithstanding subsections (a) through (c), the residence address and telephone number of any member of the legislature, whether elected or appointed, contained in the member's affidavit of registration and any list or register prepared therefrom, shall be kept confidential by the county clerk without the need for the member to demonstrate a life-threatening circumstance; provided that a member of the legislature may affirmatively elect in writing to opt out of this confidentiality.

     No later than three days after a person is declared duly and legally elected pursuant to chapter 12 to the office of state senator or state representative, the county clerk shall implement the confidentiality protections required by this subsection.

     [(d)] (e)  If the voter registration of a person covered by this section is challenged, the clerk shall release the residence address of that person to the challenger pursuant to rules established by the chief election officer.  If an appeal is taken relating to the challenge, the residence address shall also be released to the appropriate appellate body.

     (f)  Nothing in this section shall be construed to limit the disclosure of a residence address when required for purposes of nomination papers, nomination paper challenges, election contests, or the determination of the qualifications of members of the legislature pursuant to article III, section 12, of the Hawaii State Constitution."

     SECTION 4.  Section 11-331, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  All reports filed under this part are public records and shall be made available for public inspection on the commission's website in a searchable database[.]; provided that the commission shall not make the residence address of a person who is declared to be duly and legally elected pursuant to chapter 12 to the office of state senator or state representative available to the public on the searchable database unless the person opts out of having the residence address be kept confidential.

     Nothing in this subsection shall be construed to prohibit the commission from collecting, retaining, or using residence address information for purposes of administration, audit, investigation, or enforcement of this chapter."

     SECTION 5.  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 candidate's name, residence address, and [county in which the candidate resides;] other information as required by the chief election officer;

     (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;

     (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)  Notwithstanding any other law to the contrary, when a candidate is required to include a residence address on a nomination paper pursuant to subsection (a)(3):

     (1)  The residence address shall be included on the nomination paper for purposes of circulating, collecting, verifying, and validating signatures;

     (2)  Any nomination paper that is posted online or otherwise made available for general public inspection by an election official shall have the residence address redacted;

     (3)  An unredacted copy of the nomination paper shall be retained by the appropriate election official and shall be made available upon lawful request, including for purposes of a nomination paper challenge, election contest, or appeal; and

     (4)  Nothing in this subsection shall be construed to limit access by election officials, courts, or the legislature to an unredacted nomination paper when necessary to administer elections or determine compliance with constitutional or statutory requirements."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2026; provided that the amendments made to section 12-3, Hawaii Revised Statutes, by section 4 of this Act shall not be repealed when amendments to that section take effect on January 1, 2028, pursuant to section 5 of Act 194, Session Laws of Hawaii 2025.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Legislators; Personal Information; Confidential; Voter Registration; Nomination Papers

 

Description:

Prohibits the public disclosure of legislators' personal contact information in a voter's affidavit of registration, nomination papers, and electronic database for campaign committees.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.