§11-113 - Presidential ballots.
§11-113 Presidential ballots. (a) In
presidential elections, the names of the candidates for president and vice
president shall be used on the ballot in lieu of the names of the presidential
electors, and the votes cast for president and vice president of each political
party shall be counted for the presidential electors and alternates nominated
by each political party.
(b) A "national party" as used in
this section shall mean a party established and admitted to the ballot in at
least one state other than Hawaii or one which is determined by the chief
election officer to be making a bona fide effort to become a national party.
If there is no national party or the national and state parties or factions in
either the national or state party do not agree on the presidential and vice
presidential candidates, the chief election officer may determine which
candidates' names shall be placed on the ballot or may leave the candidates'
names off the ballot completely.
(c) All candidates for president and vice president
of the United States shall be qualified for inclusion on the general election
ballot under either of the following procedures:
(1) In the case of candidates of political parties
which have been qualified to place candidates on the primary and general
election ballots, the appropriate official of those parties shall file a sworn
application with the chief election officer not later than 4:30 p.m. on the
sixtieth day prior to the general election, which shall include:
(A) The name and address of each of the two
candidates;
(B) A statement that each candidate is legally
qualified to serve under the provisions of the United States Constitution;
(C) A statement that the candidates are the
duly chosen candidates of both the state and the national party, giving the
time, place, and manner of the selection.
(2) In the case of candidates of parties or groups
not qualified to place candidates on the primary or general election ballots,
the person desiring to place the names on the general election ballot shall
file with the chief election officer not later than 4:30 p.m. on the sixtieth
day prior to the general election:
(A) A sworn application which shall include
the information required under paragraph (1)(A) and (B), and (C) where
applicable;
(B) A petition which shall be upon the form
prescribed and provided by the chief election officer containing the signatures
of currently registered voters which constitute not less than one per cent of
the votes cast in the State at the last presidential election. The petition
shall contain the names of the candidates, a statement that the persons signing
intend to support those candidates, the address of each signatory, the date of
the signer's signature and other information as determined by the chief election
officer.
Prior to being issued the petition form, the
person desiring to place the names on the general election ballot shall submit
a notarized statement from each candidate of that person's intent to be a
candidate for president or vice president of the United States on the general
election ballot in the State of Hawaii. Such statements may be withdrawn by a
prospective candidate for vice president and an alternative candidate for vice president
be substituted anytime prior to the notification of qualification or
disqualification provided in subsection (d). Any such substitutions shall be
accompanied by a notice of substitution satisfying subparagraph (A), a
statement of intent as required by this paragraph, and a letter by the
candidate for president endorsing the substitute candidate for vice president.
Upon receipt of a notice of substitution and all other required documents, the
substitute shall replace the original candidate for vice president on the
general election ballot. The petitions issued in the names of the original
candidates will remain valid for the purposes of this section.
(d) Each applicant and the candidates named,
shall be notified in writing of the applicant's or candidate's eligibility or
disqualification for placement on the ballot not later than 4:30 p.m. on the
tenth business day after filing. The chief election officer may extend the
notification period up to an additional five business days, if the applicants
and candidates are provided with notice of the extension and the reasons
therefore.
(e) If the applicant, or any other party,
individual, or group with a candidate on the presidential ballot, objects to
the finding of eligibility or disqualification the person may, not later than
4:30 p.m. on the fifth day after the finding, file a request in writing with
the chief election officer for a hearing on the question. A hearing shall be
called not later than 4:30 p.m. on the tenth day after the receipt of the
request and shall be conducted in accord with chapter 91. A decision shall be
issued not later than 4:30 p.m. on the fifth day after the conclusion of the
hearing. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ff); am L 1977, c 189,
§1(8); am L 1983, c 34, §14; am L 1993, c 304, §6]