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



(1)  For members of Congress, state, and county
offices, nomination papers shall be filed with the chief election officer, or
clerk in case of county offices, not later than 4:30 p.m. on the sixtieth
calendar day prior to the primary, special primary, or special election
provided that if such day is a Saturday, Sunday, or holiday then not later than
4:30 p.m. on the first working day immediately preceding.  A state candidate
from the counties of Hawaii, Maui, and Kauai may file the declaration of
candidacy with the respective clerk.  The clerk shall transmit to the office of
the chief election officer the state candidate's declaration of candidacy
without delay.  However, if a special primary or special election is to be held
by a county and the county charter requires that the council shall issue a
proclamation calling for the election to be held within a specified period of
time, and if that requirement would not allow the filing of nomination papers
with the appropriate office by the sixtieth calendar day prior to the day for
holding the special primary or special election, the council shall establish
the deadline for the filing of nomination papers in the proclamation calling
for the election; and



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



[(b)]  If after the close of filing there are
no candidates who have filed nomination papers for an elective office for the
primary, special primary, or any special election held in conjunction with the
primary election, the chief election officer or clerk, in the case of a county
election, shall accept nomination papers for that office not later than 4:30
p.m. on the fiftieth day prior to the primary, special primary, or special
election.



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



(1)  For United States senators and United States
representatives--$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 election
officer or the clerk of the nomination paper of a candidate, the day, hour, and
minute when it was received shall be endorsed thereon.



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



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



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



(3)  For all other offices--$225.



[(f)]  The chief election officer or clerk
shall 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 currently
registered voters who constitute at least one-half of one per cent of the total
voters registered at the last preceding general election in the respective
district or districts which correspond to the specific office for which the
indigent person is a candidate.  This petition shall be submitted on the form
prescribed and provided by the chief election officer together with the nomination
paper 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 codified
to this section pursuant to §23G-15.



 



Attorney General Opinions



 



  Time for filing nomination papers is mandatory and may not be
extended.  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 candidates
do not violate the equal protection or due process clauses.  59 H. 430, 583
P.2d 955.