Hawaii SB 780: RELATING TO ELECTIONS.

Bill Text

THE SENATE 
THIRTY-THIRD LEGISLATURE, 2025 
STATE OF HAWAII
S.B. NO. 180
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _JAN 1 7 2025_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that citizens of this 
State have the right to expect that public servants be people of 
integrity, and not people who have committed actions that 
threaten democracy or undermine the vote of the people. Section 
3 of the Fourteenth Amendment to the United States Constitution, 
and article XVI, section 3, of the Hawaii State Constitution, 
are two mechanisms by which these people may be found ineligible 
to hold public office. Section 3 of the Fourteenth Amendment to 
the United States Constitution bars any person who engages in 
insurrection or rebellion against the United States after taking 
an oath to uphold the United States Constitution from 
subsequently holding any state or federal office. Article XVI, 
section 3, of the Hawaii State Constitution bars any person 
convicted of any act to overthrow, attempt to overthrow, or 
conspiracy to overthrow the federal or state government by force 
or violence from holding any public office or employment.
2025-0410 SB SMA-2.docx

Page 2
S.B. NO. 780
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
The legislature further finds that although the United 
States Supreme Court held in Trump v. Anderson, 601 U.S. 100, 
144 S. Ct. 662, 218 L. Ed. 2d 1 (2024), that Congress enjoys 
exclusive power to enforce section 3 of the Fourteenth Amendment 
of the United States Constitution with respect to federal 
offices, the court reiterated that states retain the authority 
to enforce that section with respect to state offices. Thus, 
the legislature seeks to codify its authority to disqualify 
persons holding or attempting to hold state office, while 
leaving the disqualification of candidates for federal office to 
the United States Congress as required by Trump v. Anderson.
Accordingly, the purpose of this Act is to:
(1) Specify that election ballots issued by the chief 
election officer or county clerk shall exclude any 
candidate who is disqualified by: 
(A) Section 3 of the Fourteenth Amendment to the 
Constitution of the United States;
(B) Article XVI, section 3, of the Hawaii State 
Constitution; or
(C) Another constitutional or statutory provision;
2025-0410 SB SMA-2.docx
IIHHUIHBHHMH
2

Page 3
S.B. NO. 780
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(2) Provide for a process for challenging a candidate’s 
inclusion or exclusion on a ballot issued by the chief 
election officer or a county clerk;
(3) Include the grounds referenced in paragraph (1) as 
grounds for a complaint regarding an election contest; 
and
(4) Specify that electors of presidential and vice 
presidential candidates shall not be individuals who 
are disqualified by grounds referenced in paragraph 
(1), and provide for contests of nominations of 
individuals disqualified based upon those grounds.
SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended 
by adding a new section to part VIII to be appropriately 
designated and to read as follows:
Ӥ11- Candidates on ballots; inclusion and exclusion; 
challenges. (a) Each ballot issued by the chief election
officer and each clerk shall include the name of each qualified 
candidate and exclude the name of any disqualified candidate; 
provided that the chief election officer or clerk shall exclude 
any candidate who is disqualified by:
2025-0410 SB SMA-2.docx
HMMuna
3

Page 4
S.B. NO. 780
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(1) Section 3 of the Fourteenth Amendment to the 
Constitution of the United States;
(2) Article XVI, section 3, of the Hawaii State 
Constitution; or
(3) Another constitutional or statutory provision.
(b) Any challenge to the inclusion or exclusion of any 
candidate on a ballot issued by the chief election officer or 
clerk that is not filed pursuant to section 12-8 shall be in 
writing and, no later than the fifty-seventh day before the 
general election, shall be filed with the supreme court. The 
challenge shall provide notice in a summary manner of the 
grounds that give rise to the complaint. No later than the 
fifty-fourth day prior to the general election, the supreme 
court shall hold a hearing regarding the challenge. The supreme 
court shall assess the validity of the complaint and shall issue 
findings of fact and conclusions of law no later than the 
fifty-third day before the general election. The party filing 
the challenge shall have the burden to sustain the challenge by 
a preponderance of the evidence, unless a higher burden is 
required by constitutional law.
2025-0410 SB SMA-2.docx
IliillHIHIHIIHIII
4

Page 5
S.B. NO. 780
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
(c) This section shall not apply to a candidate for 
election to