§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 in 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 residence address and county in which the
candidate resides;



(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, date of birth,
last four digits of the social security number, and residence address of each
registered voter signing the form, and other information as determined by the
chief election officer; provided that no more than the last four digits of a
voter's social security number shall 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)  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 Constitution of the State of
Hawaii;



(9)  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



(10)  The name the candidate wishes 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 which are incomplete and
do not contain all of the certifications, signatures, and requirements of this
section shall be void and will not be accepted for filing by the chief election
officer or clerk. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(b); am L 1975,
c 36, §2(2); am L 1979, c 139, §6; am L 1980, c 264, §2; am L 1983, c 34, §19;
am L 1997, c 288, §1; am L 2005, c 13, §1]



 



Attorney General Opinions



 



  Candidate who fails to file the certificate required by par.
(6) may not be placed upon the ballots.  Att. Gen. Op. 70-15.



  A person who is moving and will change election district in
September is eligible to file nomination papers as candidate from the district
to which the person will move.  Att. Gen. Op. 74-15.



  Candidate could seek election to public office and
constitutional convention even though elections concurrent.  Att. Gen. Op.
75-12.



  Enforces article II, section 7, with respect to candidates
for state or county but not federal offices.  Att. Gen. Op. 86-4.



 



Law Journals and Reviews



 



  Fasi v. Cayetano:  Challenging Hawaii's "Resign-to-Run"
Amendment.  13 UH L. Rev. 327.



 



Case Notes



 



  Par. (6):  Candidate must certify that candidate will qualify
by the next general election; provision not unconstitutional.  52 H. 251, 473
P.2d 872.