SB 5: RELATING TO LEGISLATIVE VACANCIES.

A BILL FOR AN ACT

RELATING TO LEGISLATIVE VACANCIES.

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

     SECTION 1.  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 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 that election, and the prior incumbent was the only person whose name appeared on any ballot for that seat for that election, the governor's appointment shall be valid for both the unexpired term and the next succeeding term."

     SECTION 2.  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) If] (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 that election, and the prior incumbent was the only person whose name appeared on any ballot for that seat for that election, the governor's appointment shall be valid for both the unexpired term and the next succeeding term."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect January 1, 2525.

Report Title:

Legislature; Senators; Representatives; Vacancies; Appointments; Term

Description:

Establishes that if a state legislative vacancy occurs due to the death or permanent incapacitation of the prior incumbent before a primary election, but after the close of filing for that election, and the prior incumbent was the only person whose name appeared 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 next succeeding term.  Effective 1/1/2525.  (SD1)

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

A BILL FOR AN ACT

RELATING TO LEGISLATIVE VACANCIES.

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

     SECTION 1.  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] Except as provided in paragraph (3), 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 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] Except as provided in paragraph (3), 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, 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 the appointment, a member of any political party[.]; and

     (3)  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 that election, and the prior incumbent was the only person whose name appeared on any ballot for that seat for that election, the governor's appointment shall be valid for both the unexpired term and the next succeeding term."

     SECTION 2.  Section 17-4, Hawaii Revised Statutes, is amended to read as follows:

     "§17-4  State representatives.  (a)  [Whenever] Except as provided in subsection (c), whenever any vacancy in the membership of the state house of representatives occurs, 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 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.

     (b)  [If] Except as provided in subsection (c), if the prior incumbent was not a member of any political party, the governor, within sixty calendar days following the first day of vacancy, 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 the appointment, a member of any political party.

     (c)  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 that election, and the prior incumbent was the only person whose name appeared on any ballot for that seat for that election, the governor's appointment shall be valid for both the unexpired term and the next succeeding term."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Legislature; Senators; Representatives; Vacancies; Appointments

Description:

Provides that if a state legislative vacancy occurs due to the death or permanent incapacitation of the prior incumbent before a primary election, but after the close of filing for that election, and the prior incumbent was the only person whose name appeared 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 next succeeding term.

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. 950

Honolulu, Hawaii

RE:    S.B. No. 5

       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. 5, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LEGISLATIVE VACANCIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish that if a state legislative vacancy occurs due to the death or permanent incapacitation of the prior incumbent before a primary election, but after the close of filing for that election, and the prior incumbent was the only person whose name appeared 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 next succeeding term.

     Your Committee received testimony in support of this measure from two individuals.

     Your Committee finds that the State has continually demonstrated its commitment to ensuring a stable democratic process regarding elections and public office.  The lack of a solidified process in tragic and unforeseen instances where there is a vacancy of a state legislative seat due to the death or permanent incapacitation of the prior incumbent before a primary election and the deceased or incapacitated prior incumbent is the only candidate on the ballot for that seat has the potential to cause instability in the electoral process and the State's political system.  This measure will address this deficiency in existing law and strengthen the State's electoral procedures and democratic institution by allowing the Governor's appointee filling a vacant state elected position to serve in both the unexpired term and the next succeeding term in certain circumstances.

     Your Committee notes that this measure, as written, may contain potential constitutional concerns and has contacted the Department of the Attorney General for an opinion on the matter.

     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. 5, S.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO. 182

Honolulu, Hawaii

RE:    S.B. No. 5

       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 Government Operations, to which was referred S.B. No. 5 entitled:

"A BILL FOR AN ACT RELATING TO LEGISLATIVE VACANCIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish that if a state legislative vacancy occurs due to the death or permanent incapacitation of the prior incumbent before a primary election but after the close of filing for that election, and the prior incumbent was the only person whose name appeared on any ballot for that seat for that election, the Governor's appointment filling the vacancy shall be valid for both the unexpired term and the next succeeding term.

     Your Committee received testimony in support of this measure from one individual.

     Your Committee finds that ensuring a stable democratic process is vital to the representation and functioning of the State's ability to represent the best interests of the State's residents and communities.  The expeditious appointment of a member of the State Senate or House of Representatives when tragic and unforeseen circumstances occur is necessary for the continuity of both the electoral and legislative processes that dictate the State's strong democracy.  Your Committee further finds that there is an absence of an established procedure in the event of vacancy of a state legislative seat due to the death or permanent incapacitation of the prior incumbent before a primary election and the deceased or incapacitated prior incumbent is the only candidate on the ballot for that seat.  This measure will address the deficiency in existing statute by allowing the Governor's appointee filling the position to serve in both the unexpired term and the next succeeding term.

     Your Committee has amended this measure by:

     (1)  Clarifying that the procedural requirements that the Governor must follow in making appointments to fill a state legislative vacancy, including deadlines and residency requirements of the appointee, also apply to appointments to fill vacancies created by the death or permanent incapacitation of the prior incumbent occurring before a primary election and the incumbent's name is the only name on any ballot for that seat for that election;

     (2)  Inserting an effective date of January 1, 2525, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 5, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 5, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,