Bill > SB780

This bill establishes a comprehensive framework for disqualifying candidates from state election ballots based on specific constitutional and statutory provisions, primarily focusing on candidates who have engaged in insurrection or attempted to overthrow the government. The legislation allows for challenges to candidate inclusion or exclusion on ballots through a specific legal process where complaints must be filed with the Hawaii Supreme Court no later than 57 days before a general election. The bill provides mechanisms for challenging candidates based on disqualification under Section 3 of the Fourteenth Amendment to the U.S. Constitution and Article XVI, Section 3 of the Hawaii State Constitution, which bar individuals who have engaged in insurrection or attempts to overthrow the government from holding public office. The legislation applies specifically to state offices and does not extend to federal offices, in line with the U.S. Supreme Court's ruling in Trump v. Anderson. The bill also modifies provisions related to presidential elector nominations, ensuring that electors cannot be individuals who are disqualified under these constitutional provisions, and creates a process for contesting such nominations. Importantly, the bill requires that any challenge to a candidate's eligibility must be substantiated by a preponderance of evidence, providing a legal standard for removing candidates from ballots.

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https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=780&year=2025