§11-118 Vacancies; new candidates; insertion of names on ballots. (a) In case of death, withdrawal, or disqualification of any party candidate, the vacancy so caused may be filled by the party. The party shall be notified by the chief election officer or the clerk in the case of a county office immediately after the death, withdrawal, or disqualification.
(b) If the party fills the vacancy, and so notifies the chief election officer or clerk not later than 4:30 p.m. on the third day after the vacancy occurs, but not later than 4:30 p.m. on the fiftieth day prior to a primary or special primary election or not later than 4:30 p.m. on the fortieth day prior to a special, general, or special general election, the name of the replacement shall be printed in an available and appropriate place on the ballot, not necessarily in alphabetical order; provided that the replacement candidate fills out an application for nomination papers, signs the proper certifications on the nomination paper, and takes either an oath or affirmation as provided by law. If the party fails to fill the vacancy pursuant to this subsection, no candidate's name shall be printed on the ballot for the party for that race.
(c) If the ballots have been printed and it is not reasonably possible to insert an alternate's name, the chief election officer shall issue a proclamation informing the public that the votes cast for the vacating candidate shall be counted and the results interpreted as follows:
(1) In a primary or special primary election:
(A) In partisan races, if, but for candidate's vacancy, the vacating candidate would have been nominated pursuant to section 12-41(a), a vacancy shall exist in the party's nomination, to be filled in accordance with subsection (b); and
(B) In nonpartisan races, if, but for the candidate's vacancy, the vacating candidate would have qualified as a candidate for the general or special general election ballot pursuant to section 12-41(b), the nonpartisan candidate who received the next highest number of votes shall be placed on the ballot; provided that the candidate also meets the requirements of section 12-41(b);
(2) In a special, general, or special general election, if, but for the candidate's vacancy, the vacating candidate would have been elected, a vacancy shall exist in the office for which the race in question was being held, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official's full term because of death, withdrawal, or removal; and
(3) In any other case where, but for the candidate's vacancy, the vacating candidate would have been deemed elected, a vacancy shall exist in the office for which the candidate has filed, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official's full term in office because of death, withdrawal, or removal.
(d) The parties shall adopt rules to comply with this provision, and those rules shall be submitted to the chief election officer.
(e) The chief election officer or county clerk in county elections may waive any or all of the foregoing requirements in special circumstances as provided in the rules adopted by the chief election officer.
(f) For the purposes of this section, "party candidate" means the person or persons who would be the candidate or candidates of the party under section 12-41(a). [L 1970, c 26, pt of §2; am L 1973, c 217, §1(jj); am L 1980, c 247, §1; am L 1983, c 34, §16; am L 1986, c 305, §1; am L 1990, c 7, §3; am L 2000, c 124, §1; am L 2011, c 159, §2]
Case Notes
Circuit court erred in concluding that based upon individual's "withdrawal" from the district race, the office of elections was authorized pursuant to §11-117 and/or this section to allow the Republican Party three additional days to identify a "replacement" candidate; individual could not have withdrawn individual's nomination papers as the papers were void and should never have been accepted and filed by the county clerk; therefore, without these additional days, replacement individual's nomination papers were filed after the statutory deadline and individual's name should not have been on the ballot. 126 H. 115 (App.), 267 P.3d 699 (2011).
Structure Hawaii Revised Statutes
11-1.5 Office of elections established.
11-2 Chief election officer; duties.
11-2.8 Publication of election notices.
11-6 Petitions; withdrawal of signatures.
11-7.5 Duties of the elections commission.
11-8 Elections commission; political activities.
11-8.5 Elections review program.
11-10 Candidates for public office; public service announcements; public funds.
11-10.5 Statewide voters with special needs advisory committee.
11-10.6 County voters with special needs advisory committees.
11-12 Age; place of registering.
11-13 Rules for determining residency.
11-14 General county register; restrictions in use.
11-14.5 Residence address; confidentiality.
11-14.6 REPEALED. L 1997, c 157, §3.
11-15 Application to register.
11-15.3 Application to register electronically.
11-15.5 Duties of all state agencies; voter registration.
11-15.7 Automatic registration.
11-16 Application when not made in person.
11-17 Removal of names from register, when; reregistration.
11-18 Transfer of registration on removal from one precinct to another in same county.
11-19 Registration from one county to another.
11-20 Transfers; name changes; initiated by clerk.
11-21 Change of name, transfer on election day.
11-22 Changing register; correction of errors.
11-23 Changing register; striking names of disqualified voters.
11-25 Challenge by voters; grounds; procedure.
11-26 Appeal from ruling on challenge; or failure of clerk to act.
11-41 Boards of registration, appointment, tenure.
11-52 Hearing; decision final.
11-53 Decision, notice; action on.
11-61 "Political party" defined.
11-62 Qualification of political parties; petition.
11-63 Party rules, amendments to be filed.
11-64 Names of party officers to be filed.
11-65 Determination of party disqualification; notice of disqualification.
11-77 Appointment of watchers; service.
11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.
11-92.5 Minimum number of precincts.
11-96 Records prima facie evidence.
11-97 Records open to inspection.
11-98 Forms and materials used in elections.
11-99 Members of Congress, applicability of election laws.
11-101 Elections eligible to be conducted by mail.
11-102 Procedures for conducting elections by mail.
11-103 Public notice of mailing.
11-104 Ballot instructions; ballot return.
11-106 Deficient return identification envelopes.
11-107 Electronic transmission under certain circumstances.
11-109 Voter service centers; places of deposit.
11-110 Election expenses and responsibilities for elections by mail.
11-111 Official and facsimile ballots.
11-114 Order of offices on ballot.
11-115 Arrangement of names on the ballot.
11-116 Checking ballot form by candidates and parties.
11-117 Withdrawal of candidates; disqualification; death; notice.
11-118 Vacancies; new candidates; insertion of names on ballots.
11-118.5 Constitutional amendments, proposed; attorney general statement.
11-131 Voter service center hours.
11-132 Two hundred foot radius.
11-137 Secrecy; removal or exhibition of ballot.
11-153 More or fewer ballots than recorded.
11-154 Records, etc.; disposition.
11-155 Certification of results of election.
11-156 Certificate of election and certificate of results, form.
11-158 Mandatory recount of votes.
11-171 Applicability of this part.
11-172 Contests for cause; generally.
11-175 Powers of supreme court; costs.
11-182 Election expenses when no county elections.
11-183 Election expenses when no state elections.
11-191 to 11-213 OLD REPEALED. § §11-191 to 11-225 REPEALED.
11-311 Campaign spending commission established; composition.
11-314 Duties of the commission.
11-316 Political activities prohibited.
11-321 Registration of candidate committee or noncandidate committee.
11-322 Organizational report, candidate committee.
11-323 Organizational report, noncandidate committee.
11-325 When an individual may not serve as a committee officer.
11-326 Termination of candidate committee's or noncandidate committee's registration.
11-327 Ballot issue committee; contributions and expenditures.
11-331 Filing of reports, generally.
11-333 Candidate committee reports.
11-334 Time for candidate committee to file preliminary, final, and supplemental reports.
11-335 Noncandidate committee reports.
11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.
11-337 Reporting expenditures.
11-338 Late contributions; late expenditures; report.
11-340 Failure to file report; filing a substantially defective or deficient report.
11-341 Electioneering communications; statement of information.
11-342 Fundraiser; notice of intent.
11-344 Sale or use of information.
11-351 Contributions, generally.
11-352 False name contributions prohibited.
11-353 Anonymous contributions prohibited.
11-354 Fundraising on state or county property prohibited.
11-355 Contributions by state and county contractors prohibited.
11-356 Contributions by foreign national or foreign corporation prohibited.
11-357 Contributions to candidate committees; limits.
11-358 Contributions to noncandidate committees; limits.
11-360 Contributions to a party.
11-361 Aggregation of contributions and expenditures.
11-362 Contributions limited from nonresident persons.
11-363 Other contributions and expenditures.
11-364 Excess contribution; return; escheat.
11-371 Loan to candidate committee.
11-372 Reporting loan; written loan agreement.
11-373 Noncandidate committee loan prohibited.
11-381 Campaign funds only used for certain purposes.
11-382 Prohibited uses of campaign funds.
11-384 Disposition of campaign funds; termination of registration.
11-403 Notice of complaint; opportunity to explain or respond to complaint.
11-404 Initial determination by the commission.
11-405 Preliminary determination regarding probable cause.
11-406 Waiver of further proceedings.
11-407 Contested case hearing.
11-409 Final determination of violation; order.
11-410 Administrative fines; relief.
11-421 Hawaii election campaign fund; creation.
11-423 Voluntary expenditure limits; filing affidavit.
11-425 Maximum amount of public funds available to candidate.
11-426 Candidate exceeds voluntary expenditure limit.
11-427 Reserving use of contributions.
11-428 Eligibility requirements for public funds.
11-429 Minimum qualifying contribution amounts; qualifying contribution statement.
11-430 Application for public funds.
11-433 Post-election report required.
11-434 Post-election examination and audit; return of funds.