FACTSHEET

                                                                          ELECTION OF FEDERAL, STATE, AND COUNTY OFFICIALS

 

 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

FEDERAL OFFICES

 

U.S. Senator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Senator (cont.)

 

U.S. Constitution, Article I, Section 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 

HRS §11‑99  Members of Congress, applicability of election laws. 

The nomination and election of a senator or representative to Congress shall be in conformity to the laws applicable to the election of members of the state legislature except as expressly otherwise provided or where in conflict with federal law. 

 

HRS §12‑41  Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

 

 

 

 

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

 

HRS §11‑155  Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.  A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156.  The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156.

 

U.S. Representative

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Representative

(cont.)

 

U.S. Constitution, Article I, Section 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 

HRS §11‑99  Members of Congress, applicability of election laws. 

The nomination and election of a senator or representative to Congress shall be in conformity to the laws applicable to the election of members of the state legislature except as expressly otherwise provided or where in conflict with federal law. 

 

HRS §12‑41  Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

 

 

 

 

 

 

 

 

 

 

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

 

HRS §11‑155  Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.  A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156.  The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156. 

 

STATE OFFICES

 

Governor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Governor (cont.)

 

Hawaii State Constitution, Article V, Section 1.

The executive power of the State shall be vested in a governor.  The governor shall be elected by the qualified voters of this State at a general election.  The person receiving the highest number of votes shall be the governor.  In case of a tie vote, the selection of the governor shall be determined as provided by law.

The term of office of the governor shall begin at noon on the first Monday in December next following the governor's election and end at noon on the first Monday in December, four years thereafter.

 

HRS §12‑41  Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

 

 

 

 

 

 

 

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

 

HRS §11‑155  Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.  A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156.  The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156. 

 

Lt. Governor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lt. Governor

(cont.)

 

Hawaii State Constitution, Article V, Section 1.

The executive power of the State shall be vested in a governor.  The governor shall be elected by the qualified voters of this State at a general election.  The person receiving the highest number of votes shall be the governor.  In case of a tie vote, the selection of the governor shall be determined as provided by law.

 

Hawaii State Constitution, Article V, Section 2

There shall be a lieutenant governor who shall have the same qualifications as the governor.  The lieutenant governor shall be elected at the same time, for the same term and in the same manner as the governor; provided that the votes cast in the general election for the nominee for governor shall be deemed cast for the nominee for lieutenant governor of the same political party.  No person shall be elected to the office of lieutenant governor for more than two consecutive full terms.  The lieutenant governor shall perform such duties as may be provided by law. 

 

HRS §12‑41  Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

 

 

 

 

 

 

 

 

 

 

 

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected.

 

 

HRS §11‑155  Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.  A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156.  The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156. 

 

State Senator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State Senator (cont.)

 

Hawaii State Constitution, Article III, Section 4.

Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years and the term of office of a member of the senate shall be four years.  The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the terms shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences.

 

HRS §12‑41  Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

 

 

 

 

 

 

 

 

 

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

 

Hawaii State Constitution, Article III, Section 4.

Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.

 

HRS §11‑155  Certification of results of election.

 

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. 

 

 

 

 

A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156. 

 

The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156.

 

 

State Representative

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State Representative

(cont.)

 

Hawaii State Constitution, Article III, Section 4.

Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years and the term of office of a member of the senate shall be four years.  The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the terms shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences.

 

HRS §12‑41  Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

 

 

 

 

 

 

 

 

 

 

(b)        Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

 

Hawaii State Constitution, Article III, Section 4.

Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.

 

HRS §11‑155  Certification of results of election.

 

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.

 

 

 

 

 

 A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156. 

 

The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156. 

 

Board of Education

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of Education

(cont.)

 

HRS §13‑3  Election of members.

 

(a)  Members of the board of education shall be nominated at a primary election and elected at the general election.  Except as otherwise provided by this chapter, the candidates for the board of education shall be elected in the manner prescribed by this title.

 

(1)  Nomination papers, preparation of.  The chief election officer shall prepare nomination papers in such a manner that a candidate desiring to file for election to the board of education shall be able to specify whether the candidate is seeking a seat requiring residency in a particular departmental school district or a seat without such residency requirement.

 

(2)  Ballot.  The school board ballot shall be prepared in such a manner as to afford every voter eligible to vote in a school board district race, the opportunity to vote for each and every candidate seeking election from that school board district.

 

 

 

 

The school board ballot shall contain the names of all board candidates arranged alphabetically in a nonpartisan manner; provided that the names of candidates seeking seats requiring residency in a particular departmental school district shall be grouped alphabetically according to departmental school districts.

                                           * * *

(b)  In the event that there is only one qualified candidate for any seat requiring residency in a particular departmental school district, after the close of filing of nomination papers, the chief election officer shall declare such candidate to be duly and legally elected.  In the event that the number of qualified candidates for seats without such residency requirement is equal to or less than the number of such seats to be filled, after the close of filing of nomination papers, the chief election officer shall declare such candidates to be duly and legally elected.

 

 

HRS §13‑3  Election of members.

 

(3)  Primary election.  Two candidates receiving the most votes for each available seat shall be nominated for the general election.

 

HRS §13‑3  Election of members.

 

(4) General election.  Each voter in the general election shall be entitled to receive the school board ballot and to vote for the number of seats available in the respective school board districts.

 

HRS §11‑155  Certification of results of election.

 

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. 

A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156. 

 

 

 

 

The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156.

 

OHA Trustee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OHA Trustee

 

HRS §13D‑4  Election of board members.

 

Members of the board of trustees shall be elected at a special election held in conjunction with 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.

 

Nomination papers.  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 such residency requirement.

 

 

 

Ballot.  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 alphabetically; provided that the names of candidates seeking seats requiring residency on a particular island shall also be grouped by island of residency.  Each eligible voter shall be entitled to receive the board of trustees ballot and to vote for the number of seats available.

 

 

Not Applicable.

 

NOTE:  Special Election held in conjunction with General Election:

 

HRS §11‑155  Certification of results of election.

 

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. 

A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156. 

 

 

The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156.


 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

COUNTY OFFICES

 

City &County of  Honolulu

 

City &County of  Honolulu - Mayor

 

 

City Charter, Section 13‑116, City Elections.

1.  In general: City Elections shall be conducted in accordance with the election laws of the state insofar as applicable, but all city elective officers shall be elected by nonpartisan special elections.  Except as otherwise provided in this charter, such special elections shall be held in conjunction with the primary and general elections of the applicable year, which shall be every fourth year following the 1990 election in the case of councilmembers, and every fourth year following the 1992 election in the case of the mayor and prosecuting attorney.

 

Section 5‑101.  Election and Term of Office.

The electors of the city shall elect a mayor whose term of office shall be four years beginning at twelve o=clock meridian on the second day of January following the mayor=s election.  No person shall be elected to the office of mayor for more than two consecutive full terms.

 

First Special Election held in conjunction with Primary Election.

 

City Charter, Section 13‑116, City Elections.

2.  First special election: In the case of the offices of mayor, prosecuting attorney or councilmember, any candidate receiving a majority of the votes cast for that office shall be deemed elected.  However, if there is no more than one candidate for each of the offices of mayor, prosecuting attorney or councilmember, such persons shall be deemed elected regardless of the number of votes received.

 

 

Second Special Election held in conjunction with General Election.

 

City Charter, Section 13‑116, City Elections.

3.  Second special election: Unless a candidate for mayor, prosecuting attorney, or councilmember is elected in the first special election, the names of the two candidates receiving the highest number of votes for these offices in the first special election shall be placed on the ballot for the second special election.  At the second special election the candidates receiving the highest number of votes for mayor, prosecuting attorney and councilmember, respectively, shall be deemed elected.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

City &County of  Honolulu

Councilmember

 

City Charter, Section 13‑116, City Elections.

1.  In general: City Elections shall be conducted in accordance with the election laws of the state insofar as applicable, but all city elective officers shall be elected by nonpartisan special elections.  Except as otherwise provided in this charter, such special elections shall be held in conjunction with the primary and general elections of the applicable year, which shall be every fourth year following the 1990 election in the case of councilmembers, and every fourth year following the 1992 election in the case of the mayor and prosecuting attorney.

 

City Charter, Section 3‑102.  Number, Election and Terms of Office of Councilmembers.

The council shall consist of nine members.  One member shall be elected from each of the nine districts hereinafter provided.  The terms of office of councilmembers shall be four years beginning at twelve o=clock meridian on the second day of January following their election.  No person shall be elected to the office of councilmember for more than two consecutive full terms.

 

First Special Election held in conjunction with Primary Election.

 

City Charter, Section 13‑116, City Elections.

2.  First special election: In the case of the offices of mayor, prosecuting attorney or councilmember, any candidate receiving a majority of the votes cast for that office shall be deemed elected.  However, if there is no more than one candidate for each of the offices of mayor, prosecuting attorney or councilmember, such persons shall be deemed elected regardless of the number of votes received.

 

 

Second Special Election held in conjunction with General Election.

 

City Charter, Section 13‑116, City Elections.

3.  Second special election: Unless a candidate for mayor, prosecuting attorney, or councilmember is elected in the first special election, the names of the two candidates receiving the highest number of votes for these offices in the first special election shall be placed on the ballot for the second special election.  At the second special election the candidates receiving the highest number of votes for mayor, prosecuting attorney and councilmember, respectively, shall be deemed elected.

 

City &County of  Honolulu

Prosecuting Attorney

 

City Charter, Section 13‑116, City Elections.

1.  In general: City Elections shall be conducted in accordance with the election laws of the state insofar as applicable, but all city elective officers shall be elected by nonpartisan special elections.  Except as otherwise provided in this charter, such special elections shall be held in conjunction with the primary and general elections of the applicable year, which shall be every fourth year following the 1990 election in the case of councilmembers, and every fourth year following the 1992 election in the case of the mayor and prosecuting attorney.

 

First Special Election held in conjunction with Primary Election.

 

City Charter, Section 13‑116, City Elections.

2.  First special election: In the case of the offices of mayor, prosecuting attorney or councilmember, any candidate receiving a majority of the votes cast for that office shall be deemed elected.  However, if there is no more than one candidate for each of the offices of mayor, prosecuting attorney or councilmember, such persons shall be deemed elected regardless of the number of votes received.

 

 

Second Special Election held in conjunction with General Election.

 

City Charter, Section 13‑116, City Elections.

3.  Second special election: Unless a candidate for mayor, prosecuting attorney, or councilmember is elected in the first special election, the names of the two candidates receiving the highest number of votes for these offices in the first special election shall be placed on the ballot for the second special election.  At the second special election the candidates receiving the highest number of votes for mayor, prosecuting attorney and councilmember, respectively, shall be deemed elected.

 

 


 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

County of Hawaii

 

County of Hawaii - Mayor

 

County Charter, Section 5-1.1, Election and Term of Office.

The mayor shall be elected for a term of four years which term shall commence at twelve o=clock meridian on the first Monday of December following the election.

 

HRS §12‑41 Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

HRS §11‑155  Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.  A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156.  The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156. 

 

 

 

 

 

 

 

 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

County of Hawaii -

Councilmember

 

County Charter, Section 3-2, Composition and Terms.

There shall be a county council composed of nine members.  One member shall be elected from each of nine districts.  The terms of the council members shall be two years and shall begin at twelve o=clock meridian on the first Monday of December after their election.  Candidates shall be nominated and elected in accordance with the election laws of the state.

 

HRS §12‑41 Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

HRS §11‑155  Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.  A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156.  The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156. 

 

 

 

 

 

 

 

 

 

 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

County of Hawaii -

Prosecuting Attorney

 

County Charter, Section 9-1,  Election and Term of Office.

The prosecuting attorney shall be elected for a term of four years, which term shall commence at twelve o=clock meridian on the first Monday of December following the election.

 

HRS §12‑41  Result of election.

(a)  The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.

(b)  Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. 

 

HRS §11‑155  Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest.  A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11‑156.  The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected.  Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day.  The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11‑156. 

 

 

 

 

 

 

 

 

 

 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

County of Maui

 

County of Maui - Mayor

 

County Charter, Section 7-2,  Election of Mayor and Term of Office.

1.    The mayor shall be elected by nonpartisan special elections.  Such special elections shall be held in conjunction with the primary and general elections every four years commencing in 2002.  The special election held in conjunction with the primary election every four years shall be known as the first special election.  The special election held in conjunction with the general election every four years shall be known as the second special election.

 

5.    The voters of the county shall elect a mayor whose term of office shall be four years beginning at twelve o=clock meridian on the second day of January following the mayor=s election.  A mayor shall not serve more than two consecutive full terms of office.  (Amended 1998)

 

First Special Election held in conjunction with Primary Election.

 

County Charter, Section 7-2, Election of Mayor and Term of Office.

2.    The names of all candidates for mayor shall be placed on the ballot for the first special election; provided that if there are two or fewer candidates, the names of the candidates shall appear only on the ballot for the second special election.

 

 

Second Special Election held in conjunction with General Election.

 

County Charter, Section 7-2, Election of Mayor and Term of Office.

3.    If there are three or more candidates, the names of the two candidates receiving the highest number of votes in the first special election shall be placed on the ballot for the second special election; provided, that if two or more candidates tie for the highest number of votes received in the first special election, the names of the candidates tied for the highest number of votes shall be placed on the ballot for the second special election; and further provided, that if a single candidate receives the highest number of votes in the first special election and two or more candidates tie for the second-highest number of votes in the first special election received, the names of the candidate receiving the highest number of votes and the candidates tied for the second-highest number of votes shall be placed on the ballot for the second special election.

4.    At the second special election, the candidate receiving the highest number of votes shall be deemed elected.  If there is no more than one candidate for mayor, such person shall be deemed elected regardless of the number of votes received.

 

County of Maui

Prosecuting Attorney

 

Appointed by the mayor with the approval of the council.

 

Not applicable.

 

Not applicable.

 

 

 

 

 

 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

County of Maui -

Councilmember

 

County Charter, Section 3‑1.  Composition.

There shall be a council composed of nine members who shall be elected at‑large.  Of the nine members elected to the council, one shall be a resident of the Island of Lanai, one a resident of the Island of Molokai, one a resident of the residency area of East Maui, one a resident of the residency area of West Maui, one a resident of the residency area of Makawao‑Haiku‑Paia, one a resident of the residency area of AUpcountry@ comprising Pukalani‑Kula‑Ulupalakua, one a resident of the residency area of South Maui, one a resident of the residency area of Kahului, and one a resident of the residency area of Wailuku‑Waihee‑Waikapu.  The county clerk shall prepare the nomination papers in such a manner that candidates desiring to file for the office of council member shall specify the residency area from which they are seeking a seat.  The ballots for the primary and general election shall, nevertheless, be prepared to give every voter in the county the right to vote for each and every council seat.

 

County Charter, Section 3-2.  Election of Council and Term of Office.

1.    Council members shall be elected by nonpartisan special elections.  Such special elections shall be held in conjunction with the primary and general elections every two years commencing in 2000.  The special election held in conjunction with the primary election every two years shall be known as the first special election.  The special election held in conjunction with the general election every two years shall be known as the second special election.

2.    The term of office of council members shall be for  two years, beginning at twelve o=clock meridian on the second day of January following their election.  No member of the county council shall serve more than five consecutive full terms of office. (Amended 1998)

 

First Special Election held in conjunction with Primary Election.

 

County Charter, Section 3-2.  Election of Council  and Term of Office.

5.    The names of all candidates for each council seat shall be placed on the ballot for the first special election; provided, that for any council seat with two or fewer candidates, the names of the candidates shall appear only on the ballot for the second special election.

 

 

Second Special Election held in conjunction with General Election.

 

County Charter, Section 3-2.  Election of Council and Term of Office.

6.    For any council seat with three or more candidates, the names of the two candidates receiving the highest number of votes for each council seat in the first special election shall be placed on the ballot for the second special election; provided, that if two or more candidates tie for the highest number of votes received in the first special election, the names of the candidates tied for the highest number of votes shall be placed on the ballot for the second special election; and further provided, that if a single candidate receives the highest number of votes in the first special election and two or more candidates tie for the second-highest number of votes received, the names of the candidate receiving the highest number of votes and the candidates tied for the second-highest number of votes shall be placed on the ballot for the second special election.

7.    At the second special election, the candidates receiving the highest number of votes for each council seat shall be deemed elected.  If there is no more than one candidate for a council seat, such person shall be deemed elected regardless of the number of votes received.


 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

County of Kauai

 

County of Kauai - Mayor

 

County Charter, Section 1.03.  County Elections.

A.   In general, County elections shall be conducted in accordance with the election laws of the State insofar as applicable, but all elective officers shall be elected by nonpartisan elections.  Except as otherwise provided in this charter, such nonpartisan elections shall be held in conjunction with the primary and general elections of the applicable year in which the terms of the mayor, council members, or prosecuting attorney, respectively, end.

 

 County Charter, Section 7.01.  Election and Term of Office.

The electors of the county shall elect a mayor whose term of office shall be four years beginning at twelve o=clock meridian on the first working day of December following his election.  No person shall serve as mayor for more than two consecutive full terms.

 

County Charter, Section 1.03.  County Elections.

B.   First nonpartisan election.  To the extent possible, the first nonpartisan election shall be held in conjunction with the primary election of the applicable year.

1.   Offices of the Mayor, Prosecuting Attorney and Council members to be elected by districts, if any.  In the case of the offices of mayor, prosecuting attorney, or any council members to be elected by districts, any candidate receiving a majority of the votes cast for that office shall be elected.  However, if there is only one candidate for each of said offices, such candidate shall be elected.

 

County Charter, Section 1.03.  County Elections.

C.   Second nonpartisan election.  To the extent possible the second nonpartisan election shall be held in conjunction with the general election for the applicable year.

1.   Offices of the Mayor, Prosecuting Attorney, and Council members to be elected by districts, if any.  Unless a candidate for mayor, prosecuting attorney, or council members to be elected by district, if any, is elected in the first nonpartisan election, the names of the two candidates receiving the highest number of votes for these offices in the first nonpartisan election shall be placed on the ballot for the second nonpartisan election.  At the second nonpartisan election the candidates receiving the highest number of votes for mayor, prosecuting attorney and district council member, respectively, shall be elected.

 

County of Kauai -

Councilmember

 

County Charter, Section 1.03.  County Elections.

A.   In general, County elections shall be conducted in accordance with the election laws of the State insofar as applicable, but all elective officers shall be elected by nonpartisan elections.  Except as otherwise provided in this charter, such nonpartisan elections shall be held in conjunction with the primary and general elections of the applicable year in which the terms of the mayor, council members, or prosecuting attorney, respectively, end.

 

County Charter, Section 3.02.  Composition.

There shall be a council of seven members elected at‑large.

 

County Charter, Section 1.03.  County Elections.

B.   First nonpartisan election.  To the extent possible, the first nonpartisan election shall be held in conjunction with the primary election of the applicable year.

1.   Offices of the Mayor, Prosecuting Attorney and Council members to be elected by districts, if any.  In the case of the offices of mayor, prosecuting attorney, or any council members to be elected by districts, any candidate receiving a majority of the votes cast for that office shall be elected.  However, if there is only one candidate for each of said offices, such candidate shall be elected.

 

County Charter, Section 1.03.  County Elections.

C.  Second nonpartisan election.  To the extent possible the second nonpartisan election shall be held in conjunction with the general election for the applicable year.

1.   Offices of the Mayor, Prosecuting Attorney, and Council members to be elected by districts, if any.  Unless a candidate for mayor, prosecuting attorney, or council members to be elected by district, if any, is elected in the first nonpartisan election, the names of the two candidates receiving the highest number of votes for these offices in the first nonpartisan election shall be placed on the ballot for the second nonpartisan election.  At the second nonpartisan election the candidates receiving the highest number of votes for mayor, prosecuting attorney and district council member, respectively, shall be elected.

 

 

 

 

OFFICE

 

ELECTION PROVISION

 

PRIMARY ELECTION

 

GENERAL ELECTION

 

Prosecuting Attorney, County of Kauai

 

County Charter, Section 1.03.  County Elections.

A.   In general, County elections shall be conducted in accordance with the election laws of the State insofar as applicable, but all elective officers shall be elected by nonpartisan elections.  Except as otherwise provided in this charter, such nonpartisan elections shall be held in conjunction with the primary and general elections of the applicable year in which the terms of the mayor, council members, or prosecuting attorney, respectively, end.

 

County Charter, Section 9A.01.  Election and Term of Office.

The electors of the county shall elect a prosecuting attorney, whose term of office shall be four years beginning at twelve o=clock meridian on the first working day of December following his election.

 

County Charter, Section 1.03.  County Elections.

B.   First nonpartisan election.  To the extent possible, the first nonpartisan election shall be held in conjunction with the primary election of the applicable year.

1.   Offices of the Mayor, Prosecuting Attorney and Council members to be elected by districts, if any.  In the case of the offices of mayor, prosecuting attorney, or any council members to be elected by districts, any candidate receiving a majority of the votes cast for that office shall be elected.  However, if there is only one candidate for each of said offices, such candidate shall be elected.

 

 

County Charter, Section 1.03.  County Elections.

C.   Second nonpartisan election.  To the extent possible the second nonpartisan election shall be held in conjunction with the general election for the applicable year.

1.   Offices of the Mayor, Prosecuting Attorney, and Council members to be elected by districts, if any.  Unless a candidate for mayor, prosecuting attorney, or council members to be elected by district, if any, is elected in the first nonpartisan election, the names of the two candidates receiving the highest number of votes for these offices in the first nonpartisan election shall be placed on the ballot for the second nonpartisan election.  At the second nonpartisan election the candidates receiving the highest number of votes for mayor, prosecuting attorney and district council member, respectively, shall be elected.

 

 

 

 

 

 

 

 

 

 

 

This Fact Sheet is intended for information only and should not be used as an authority on the Hawaii election law and candidate deadlines.  Requirements and/or deadlines may change pending changes in legislation.  Consult the Hawaii Revised Statutes and other sources for more detailed and accurate requirements.

 

Office of Elections -FSBO105C

R – 07/16/07