2013 Hawaii Revised Statutes
TITLE 2. ELECTIONS
13D. Board of Trustees, Office of Hawaiian Affairs
13D-4 Election of board members.

§13D-4 Election of board members. (a) Beginning January 1, 2014, members of the board of trustees shall be nominated at a primary election and elected at the general election in every even-numbered year. Except as otherwise provided by this chapter, members shall be nominated and elected in the manner prescribed by this title.

(b) The chief election officer shall prepare the nomination papers in such a manner that a candidate desiring to file for election to the board shall be able to specify whether the candidate is seeking a seat requiring residency on a particular island or a seat without a residency requirement.

(c) The board of trustees ballot shall be prepared in such a manner that every voter qualified and registered under section 13D-3 shall be afforded the opportunity to vote for each and every candidate seeking election to the board. The ballot shall contain the names of all board candidates arranged in accordance with section 11-115.

(d) Each voter registered to vote in the general election shall be entitled to receive the office of Hawaiian affairs ballot and to vote for the number of seats available on the respective islands.

(e) Any election with only one available seat without a residency requirement or for any available seat requiring residency on a particular island shall be conducted as follows:

(1) If, after the close of filing of nomination papers, there is only one qualified candidate for any available seat, the chief election officer shall declare the candidate to be duly and legally elected, and the name of that candidate shall not appear on the primary or the general election ballot;

(2) If, after the close of filing nomination papers, there are only two qualified candidates for any available seat, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot; and

(3) If, at the close of filing of nomination papers, there are three or more qualified candidates for any available seat, the names of those candidates shall be listed on the primary election ballot. The two candidates receiving the highest number of votes for each available seat shall be nominated at the primary election for the general election; provided that if any candidate receives more than fifty per cent of the total votes cast for the available seat at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot.

(f) Any election with three available seats without a residency requirement shall be conducted as follows:

(1) If, after the close of filing of nomination papers, there are only three or less qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates to be duly and legally elected and the names of those candidates shall not appear on the primary or general election ballot;

(2) If, after the close of filing of nomination papers, there are four, five, or six qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates duly nominated for the general election. The names of those candidates shall not appear on the primary election ballot; and

(3) If, at the close of filing of nomination papers, there are seven or more qualified candidates for the available seats without a residency requirement, the names of those candidates shall be listed on the primary election ballot. The qualified candidates receiving the highest number of total votes at the primary election shall be declared by the chief election officer duly nominated for the general election provided that the general election shall include no more than twice the number of qualified candidates as seats available; provided further that if any candidate receives more than fifty per cent of the total votes cast for the available seats at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot. [L 1979, c 196, pt of §8; gen ch 1985; am L 2013, c 287, §2]