§11-113  Presidential ballots.  (a)  Inpresidential elections, the names of the candidates for president and vicepresident shall be used on the ballot in lieu of the names of the presidentialelectors, and the votes cast for president and vice president of each politicalparty shall be counted for the presidential electors and alternates nominatedby each political party.

(b)  A "national party" as used inthis section shall mean a party established and admitted to the ballot in atleast one state other than Hawaii or one which is determined by the chiefelection 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 ineither the national or state party do not agree on the presidential and vicepresidential candidates, the chief election officer may determine whichcandidates' names shall be placed on the ballot or may leave the candidates'names off the ballot completely.

(c)  All candidates for president and vice presidentof the United States shall be qualified for inclusion on the general electionballot under either of the following procedures:

(1)  In the case of candidates of political partieswhich have been qualified to place candidates on the primary and generalelection ballots, the appropriate official of those parties shall file a swornapplication with the chief election officer not later than 4:30 p.m. on thesixtieth day prior to the general election, which shall include:

(A)  The name and address of each of the twocandidates;

(B)  A statement that each candidate is legallyqualified to serve under the provisions of the United States Constitution;

(C)  A statement that the candidates are theduly chosen candidates of both the state and the national party, giving thetime, place, and manner of the selection.

(2)  In the case of candidates of parties or groupsnot qualified to place candidates on the primary or general election ballots,the person desiring to place the names on the general election ballot shallfile with the chief election officer not later than 4:30 p.m. on the sixtiethday prior to the general election:

(A)  A sworn application which shall includethe information required under paragraph (1)(A) and (B), and (C) whereapplicable;

(B)  A petition which shall be upon the formprescribed and provided by the chief election officer containing the signaturesof currently registered voters which constitute not less than one per cent ofthe votes cast in the State at the last presidential election.  The petitionshall contain the names of the candidates, a statement that the persons signingintend to support those candidates, the address of each signatory, the date ofthe signer's signature and other information as determined by the chief electionofficer.

Prior to being issued the petition form, theperson desiring to place the names on the general election ballot shall submita notarized statement from each candidate of that person's intent to be acandidate for president or vice president of the United States on the generalelection ballot in the State of Hawaii.  Such statements may be withdrawn by aprospective candidate for vice president and an alternative candidate for vice presidentbe substituted anytime prior to the notification of qualification ordisqualification provided in subsection (d).  Any such substitutions shall beaccompanied by a notice of substitution satisfying subparagraph (A), astatement of intent as required by this paragraph, and a letter by thecandidate for president endorsing the substitute candidate for vice president. Upon receipt of a notice of substitution and all other required documents, thesubstitute shall replace the original candidate for vice president on thegeneral election ballot.  The petitions issued in the names of the originalcandidates 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 ordisqualification for placement on the ballot not later than 4:30 p.m. on thetenth business day after filing.  The chief election officer may extend thenotification period up to an additional five business days, if the applicantsand candidates are provided with notice of the extension and the reasonstherefore.

(e)  If the applicant, or any other party,individual, or group with a candidate on the presidential ballot, objects tothe finding of eligibility or disqualification the person may, not later than4:30 p.m. on the fifth day after the finding, file a request in writing withthe chief election officer for a hearing on the question.  A hearing shall becalled not later than 4:30 p.m. on the tenth day after the receipt of therequest and shall be conducted in accord with chapter 91.  A decision shall beissued not later than 4:30 p.m. on the fifth day after the conclusion of thehearing. [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]