2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 2. ELECTIONS
12. Primary Elections
§12-6 Nomination papers time for filing; fees.
§12-6 Nomination papers: time for filing; fees. (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, 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 first Tuesday in June. However, in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that is issued calling for the election as provided for by state law or county charter. 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.
(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 until 4:30 p.m. on the tenth day after the original close of filing.
[(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 11-423 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; am L 2010, c 126, §3 and c 211, §4]
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.
Provisions prescribing requirements for indigent candidates do not violate the equal protection or due process clauses. 59 H. 430, 583 P.2d 955.
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