SB 780: RELATING TO ELECTIONS.

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

     SECTION 1.  The legislature finds that citizens of this State have the right to expect that public servants be people of integrity, and not people who have committed actions that threaten democracy or undermine the vote of the people.  Section 3 of the Fourteenth Amendment to the United States Constitution, and article XVI, section 3, of the Hawaii State Constitution, are two mechanisms by which these people may be found ineligible to hold public office.  Section 3 of the Fourteenth Amendment to the United States Constitution bars any person who engages in insurrection or rebellion against the United States after taking an oath to uphold the United States Constitution from subsequently holding any state or federal office.  Article XVI, section 3, of the Hawaii State Constitution bars any person convicted of any act to overthrow, attempt to overthrow, or conspiracy to overthrow the federal or state government by force or violence from holding any public office or employment.

     The legislature further finds that although the United States Supreme Court held in Trump v. Anderson, 601 U.S. 100, 144 S. Ct. 662, 218 L. Ed. 2d 1 (2024), that Congress enjoys exclusive power to enforce section 3 of the Fourteenth Amendment of the United States Constitution with respect to federal offices, the court reiterated that states retain the authority to enforce that section with respect to state offices.  Thus, the legislature seeks to codify its authority to disqualify persons holding or attempting to hold state office, while leaving the disqualification of candidates for federal office to the United States Congress as required by Trump v. Anderson.

     Accordingly, the purpose of this Act is to:

     (1)  Specify that election ballots issued by the chief election officer or county clerk shall exclude any candidate who is disqualified by:

          (A)  Section 3 of the Fourteenth Amendment to the Constitution of the United States;

          (B)  Article XVI, section 3, of the Hawaii State Constitution; or

          (C)  Another constitutional or statutory provision;

     (2)  Provide for a process for challenging a candidate's inclusion or exclusion on a ballot issued by the chief election officer or a county clerk;

     (3)  Include the grounds referenced in paragraph (1) as grounds for a complaint regarding an election contest; and

     (4)  Specify that electors of presidential and vice presidential candidates shall not be individuals who are disqualified by grounds referenced in paragraph (1), and provide for contests of nominations of individuals disqualified based upon those grounds.

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

     "§11-    Candidates on ballots; inclusion and exclusion; challenges.  (a)  Each ballot issued by the chief election officer and each clerk shall include the name of each qualified candidate and exclude the name of any disqualified candidate; provided that the chief election officer or clerk shall exclude any candidate who is disqualified by:

     (1)  Section 3 of the Fourteenth Amendment to the Constitution of the United States;

     (2)  Article XVI, section 3, of the Hawaii State Constitution; or

     (3)  Another constitutional or statutory provision.

     (b)  Any challenge to the inclusion or exclusion of any candidate on a ballot issued by the chief election officer or clerk that is not filed pursuant to section 12-8 shall be in writing and, no later than the fifty-seventh day before the general election, shall be filed with the supreme court.  The challenge shall provide notice in a summary manner of the grounds that give rise to the complaint.  No later than the fifty-fourth day prior to the general election, the supreme court shall hold a hearing regarding the challenge.  The supreme court shall assess the validity of the complaint and shall issue findings of fact and conclusions of law no later than the fifty‑third day before the general election.  The party filing the challenge shall have the burden to sustain the challenge by a preponderance of the evidence, unless a higher burden is required by constitutional law.

     (c)  This section shall not apply to a candidate for election to any federal office."

     SECTION 3.  Section 11-172, Hawaii Revised Statutes, is amended to read as follows:

     "§11-172  Contests for cause; generally.  (a)  With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court.

     (b)  The complaint shall set forth any cause or causes, [such as but not limited to, provable] including:

     (1)  Provable fraud, overages, or underages, that could cause a difference in the election results[.]; or

     (2)  A candidate's disqualification pursuant to:

          (A)  Section 3 of the Fourteenth Amendment to the Constitution of the United States;

          (B)  Article XVI, section 3, of the Hawaii State Constitution; or

          (C)  Another constitutional or statutory provision;

          provided that a complaint filed pursuant to this subsection shall be dismissed if the facts alleged cannot be proven by a preponderance of the evidence, or by any higher burden of proof required by constitutional law, or if the complaint is based on facts or substantially similar facts that could have previously been raised pursuant to section 11-   , section 12-8, or this paragraph, and the previous action failed.

     (c)  The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the voter service center officials or the officials at a counting center in an election using the electronic voting system.

     (d)  A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections."

     SECTION 4.  Section 14-21, Hawaii Revised Statutes, is amended to read as follows:

     "§14-21  Nomination of presidential electors and alternates; certification by parties; notification of nominees; pledge.  (a)  In each year when electors of president and vice president of the United States are to be chosen, each of the political parties or parties or groups qualified under section 11-113 shall hold a state party or group convention pursuant to the constitution, bylaws, and rules of the party or group; and nominate as candidates for its party or group as many electors, and a first and second alternate for each elector, of president and vice president of the United States as the State is then entitled.  The electors and alternates shall be registered voters of the State[.] and shall not be individuals who are disqualified by section 3 of the Fourteenth Amendment to the Constitution of the United States; article XVI, section 3, of the Hawaii State Constitution; or another constitutional or statutory provision.  The names and addresses of the nominees shall be certified by the chairperson and secretary of the convention of the respective parties or groups and submitted to the chief election officer no later than 4:30 p.m. on the sixtieth day before the general election of the same year.  The chief election officer upon receipt thereof, shall immediately notify each of the nominees for elector and alternate elector of the nomination.

     (b)  Each elector nominee and alternate elector nominee of a political party or group shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party or group that nominated [me".] me, except that I may decline to vote for any nominee who has died."  The executed pledges shall accompany the submission of the corresponding names to the chief election officer.  Electors shall be released from their pledge if the presidential candidate whom they are pledged to vote for dies.  Electors shall not be released from their pledge under any circumstance other than the death of the presidential candidate for whom they are pledged to vote."

     SECTION 5.  Section 14-22, Hawaii Revised Statutes, is amended to read as follows:

     "§14-22  Contested nominations of presidential electors and alternates.  (a)  If [more]:

     (1)  More than one certificate of choice and selection of presidential electors and alternate electors of the same political party or group; or

     (2)  Any party, individual, or group with a candidate on the presidential ballot; or any group of not less than thirty voters of any election district asserts that an elector or alternate is disqualified pursuant to:

          (A)  Section 3 of the Fourteenth Amendment to the Constitution of the United States;

          (B)  Article XVI, section 3, of the Hawaii State Constitution; or

          (C)  Another constitutional or statutory provision,

and a complaint is filed with the chief election officer, as chairperson of the contested presidential electors' committee hereby constituted, the chief election officer shall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and place of [the] a hearing [to].

     (b)  The hearing shall be held for the purposes of [making a determination of which] determining:

     (1)  Which set of electors and alternative electors were lawfully chosen and selected by the political party or group[.]; or

     (2)  Whether an elector or alternate is disqualified as described in subsection (a)(2),

as the case may be.

     (c)  Notice of the hearing shall be given to the chairperson of the state central committee of each political party and the chairperson of each party or group qualified under section 11-113, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by public notice at least once.  A determination shall be made by the contested presidential electors' committee by majority vote [not] no later than 4:30 p.m. on October 30 of the same year and the determination shall be final.  Notice of the results shall be given to the nominees duly determined to have been chosen.  The contested presidential electors' committee shall have all the powers enumerated in section 11-43."

     SECTION 6.  Section 14-23, Hawaii Revised Statutes, is amended to read as follows:

     "§14-23  Time for election, number to be chosen.  In each presidential election year there shall be elected at large, at the general election, by the voters of the State, as many electors and alternates of president and vice president of the United States as the State is then entitled to elect, in the manner provided under section 11-113.  The electors and the alternates [must] shall be registered voters of the State[.] and shall not be individuals who are disqualified by section 3 of the Fourteenth Amendment to the Constitution of the United States; article XVI, section 3, of the Hawaii State Constitution; or another constitutional or statutory provision.  The election shall be conducted and the results thereof determined in conformity with the laws governing general elections except as otherwise provided."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

Report Title:

Elections; Candidates; Ballots; Electors; Disqualification

Description:

Specifies that election ballots issued by the Chief Election Officer or county clerk shall exclude any candidate who is disqualified by a constitutional or statutory provision.  Provides for a process for challenging an inclusion or exclusion of a candidate from a ballot.  Includes a candidate's disqualification as grounds for an election contest complaint.  Specifies that electors of presidential and vice presidential candidates shall not be individuals who are disqualified by a constitutional or statutory provision.

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. 696

Honolulu, Hawaii

RE:    S.B. No. 780

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. 780 entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Specify that election ballots issued by the Chief Election Officer or county clerk shall exclude any candidate, excluding candidates for federal office, who is disqualified by a constitutional or statutory provision;

     (2)  Provide for a process for challenging an inclusion or exclusion of a candidate from a ballot;

     (3)  Include a candidate's disqualification as grounds for an election contest complaint; and

     (4)  Specify that electors of presidential and vice presidential candidates shall not be individuals who are disqualified by a constitutional or statutory provision.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii, and two individuals.

     Your Committee received testimony in opposition to this measure from Hawaiian Islands Republican Women, New Hope Maui, and forty-one individuals.

     Your Committee finds that citizens of this State have the right to expect that public servants be people of integrity, and not people who have committed actions that threaten democracy or undermine the vote of the people.  Section 3 of the Fourteenth Amendment to the United States Constitution, and article XVI, section 3, of the Hawaii State Constitution, are two mechanisms by which candidates may be found ineligible to hold public office.  Your Committee further finds that although the United States Supreme Court held in Trump v. Anderson, 601 U.S. 100, 144 S. Ct. 662, 218 L. Ed. 2d 1 (2024), that Congress enjoys exclusive power to enforce section 3 of the Fourteenth Amendment of the United States Constitution with respect to federal offices, the court reiterated that states retain the authority to enforce that section with respect to state offices.  Therefore, this measure will codify the Legislature's authority to disqualify persons holding or attempting to hold state office, while leaving the disqualification of candidates for federal office to the United States Congress as required by Trump v. Anderson.

     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. 780 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,