§12-6  Nomination papers:  time for filing;fees.  (a)  Nomination papers shall be filed as follows:

(1)  For members of Congress, state, and countyoffices, nomination papers shall be filed with the chief election officer, orclerk in case of county offices, not later than 4:30 p.m. on the sixtiethcalendar day prior to the primary, special primary, or special electionprovided that if such day is a Saturday, Sunday, or holiday then not later than4:30 p.m. on the first working day immediately preceding.  A state candidatefrom the counties of Hawaii, Maui, and Kauai may file the declaration ofcandidacy with the respective clerk.  The clerk shall transmit to the office ofthe chief election officer the state candidate's declaration of candidacywithout delay.  However, if a special primary or special election is to be heldby a county and the county charter requires that the council shall issue aproclamation calling for the election to be held within a specified period oftime, and if that requirement would not allow the filing of nomination paperswith the appropriate office by the sixtieth calendar day prior to the day forholding the special primary or special election, the council shall establishthe deadline for the filing of nomination papers in the proclamation callingfor the election; and

(2)  For the board of trustees for the office ofHawaiian affairs, nomination papers shall be filed with the chief electionofficer, not later than 4:30 p.m. on the sixtieth calendar day prior to theprimary election referred to in paragraph (1); provided that if that day is aSaturday, Sunday, or holiday, then not later than 4:30 p.m. on the firstworking day immediately preceding.

[(b)]  If after the close of filing there areno candidates who have filed nomination papers for an elective office for theprimary, special primary, or any special election held in conjunction with theprimary election, the chief election officer or clerk, in the case of a countyelection, shall accept nomination papers for that office not later than 4:30p.m. on the fiftieth day prior to the primary, special primary, or specialelection.

[(c)]  There shall be deposited with eachnomination paper a filing fee on account of the expenses attending the holdingof the primary, special primary, or special election which shall be paid intothe treasury of the State, or county, as the case may be, as a realization:

(1)  For United States senators and United Statesrepresentatives--$75;

(2)  For governor and lieutenant governor--$750;

(3)  For mayor--$500; and

(4)  For all other offices--$250.

[(d)]  Upon the receipt by the chief electionofficer or the clerk of the nomination paper of a candidate, the day, hour, andminute when it was received shall be endorsed thereon.

[(e)]  Upon the showing of a certified copy ofan affidavit which has been filed with the campaign spending commissionpursuant to section 11-208 by a candidate who has voluntarily agreed to abideby spending limits, the chief election officer or clerk shall discount the filingfee of the candidate by the following amounts:

(1)  For the office of governor and lieutenantgovernor--$675;

(2)  For the office of mayor--$450; and

(3)  For all other offices--$225.

[(f)]  The chief election officer or clerkshall waive the filing fee in the case of a person who declares, by affidavit,that the person is indigent and who has filed a petition signed by currentlyregistered voters who constitute at least one-half of one per cent of the totalvoters registered at the last preceding general election in the respectivedistrict or districts which correspond to the specific office for which theindigent person is a candidate.  This petition shall be submitted on the formprescribed and provided by the chief election officer together with the nominationpaper required by this chapter. [L 1970, c 26, pt of §2; am L 1973, c 217,§2(c); am L 1974, c 34, §2(b); am L 1975, c 36, §2(3); am L 1976, c 106, §2(2);am L 1977, c 189, §2(1); am L 1979, c 196, §7 and c 224, §5; am L 1983, c 34,§20; am L 1990, c 35, §8; am L 1991, c 10, §2; am L 2000, c 129, §1; am L 2002,c 30, §1]

 

Revision Note

 

  Subsection (b) was enacted as a new section but is codifiedto this section pursuant to §23G-15.

 

Attorney General Opinions

 

  Time for filing nomination papers is mandatory and may not beextended.  Att. Gen. Op. 78-4.

  When elected official must resign to run for federal office.Att. Gen. Op. 86-4.

 

Case Notes

 

  Provisions prescribing requirements for indigent candidatesdo not violate the equal protection or due process clauses.  59 H. 430, 583P.2d 955.