§12-3  Nomination paper; format;limitations.  (a)  No candidate's name shall be printed upon any officialballot to be used at any primary, special primary, or special election unless anomination paper was filed in the candidate's behalf and in the name by whichthe candidate is commonly known.  The nomination paper shall be in a formprescribed and provided by the chief election officer containing substantiallythe following information:

(1)  A statement by the registered voters signing theform that they are eligible to vote for the candidate;

(2)  A statement by the registered voters signing theform that they nominate the candidate for the office identified on thenomination paper issued to the candidate;

(3)  The residence address and county in which thecandidate resides;

(4)  The legal name of the candidate, the name bywhich the candidate is commonly known, if different, the office for which thecandidate is running, and the candidate's party affiliation or nonpartisanship;all of which are to be placed on the nomination paper by the chief electionofficer 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 eachregistered voter signing the form, and other information as determined by thechief election officer; provided that no more than the last four digits of avoter's social security number shall be required;

(6)  A sworn certification by self-subscribing oath bythe candidate that the candidate qualifies under the law for the office thecandidate is seeking and that the candidate has determined that, except for theinformation 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 bya 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 theprovisions of article II, section 7, of the Constitution of the State ofHawaii;

(9)  A sworn certification by self-subscribing oath bythe candidate that the candidate is in compliance with section 831-2, dealingwith felons, and is eligible to run for office; and

(10)  The name the candidate wishes printed on theballot and the mailing address of the candidate.

(b)  Signatures of registered voters shall notbe counted, unless they are upon the nomination paper having the format setforth above, written or printed thereon, and if there are separate sheets to beattached to the nomination paper, the sheets shall have the name of thecandidate, the candidate's party affiliation or nonpartisanship, and the officeand district for which the candidate is running placed thereon by the chiefelection officer or the clerk.  The nomination paper and separate sheets shallbe provided by the chief election officer or the clerk.

(c)  Nomination papers shall not be filed inbehalf of any person for more than one party or for more than one office; norshall any person file nomination papers both as a party candidate and as anonpartisan candidate.

(d)  The office and district for which thecandidate is running, the candidate's name, and the candidate's partyaffiliation or nonpartisanship may not be changed from that indicated on thenomination paper and separate sheets.  If the candidate wishes to run for anoffice or district different from that for which the nomination paper states orunder a different party affiliation or nonpartisanship, the candidate mayrequest the appropriate nomination paper from the chief election officer orclerk and have it signed by the required number of registered voters.

(e)  Nomination papers that contain alterationsor changes made by anyone other than the chief election officer or the clerk tothe candidate's information, the candidate's party affiliation ornonpartisanship, the office to which the candidate seeks nomination, or theoath of loyalty or affirmation, after the nomination paper was issued by thechief election officer or clerk, shall be void and will not be accepted forfiling by the chief election officer or clerk.

(f)  Nomination papers which are incomplete anddo not contain all of the certifications, signatures, and requirements of thissection shall be void and will not be accepted for filing by the chief electionofficer 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 inSeptember is eligible to file nomination papers as candidate from the districtto which the person will move.  Att. Gen. Op. 74-15.

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

  Enforces article II, section 7, with respect to candidatesfor 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 qualifyby the next general election; provision not unconstitutional.  52 H. 251, 473P.2d 872.