A state measure that would allow people to challenge the presence of a presidential candidate who has violated the U.S. or Hawaiʻi Constitution on the election ballot has advanced from the Senate Judiciary Committee.
Over 300 people submitted testimony against the measure. Much of the testimony was written and in-person, centered around former President Donald Trump.
Democratic Sen. Karl Rhoads of Oʻahu introduced the measure because the state Office of Elections did not have a process in place to contest a presidential candidate on the ballot.
“There is not a specific way to challenge somebody on that basis. There are ways to challenge candidates and voters more generally,” he said.
“Considering the importance of it, I thought it would be better to have a process so that if somebody who wanted to challenge would know what they needed to do and who would, the important thing is who gets to decide.”
The measure that passed out of the committee would mandate that the Hawaiʻi State Supreme Court make the determination.
The Office of Elections already has a process for contesting nomination papers filed for candidates, but presidential candidates don’t have nomination papers because they are given to the office by the political party, said Chief Elections Officer Scott Nago. He explained that without this measure, people would have to file a lawsuit.
“It just basically replicates what's already in statute for all other candidates,” Nago said.
The measure requires people challenging a presidential candidate’s presence on the ballot to submit paperwork to the office of elections 57 days before the election. The Hawaiʻi Supreme Court would then need to decide on the challenge 53 days before the election.
The process in place for state and local elections is similar except the challenge must be submitted 60 days prior to the primary or special election and the chief elections officer or county clerk would get to make a preliminary determination.
If the chief elections officer or county clerk decides the candidate should be removed, the matter then goes to a circuit court for a final determination.
On Thursday, the U.S. Supreme Court will hear the case that will likely decide whether Trump will be allowed to seek the presidency again if he is found to have engaged in insurrection.
Whatever the Supreme Court decides, Rhoads said he wants a process for challenging the inclusion of presidential candidates, just as there is a similar process for state and local candidates.
The measure passed with amendments in a 3-2 vote. Sen. Brenton Awa and Sen. Mike Gabbard voted against the measure.
