SAILAU TIMOTEO, Hawai’i Republican Party candidate for District 43 of the State House of Representatives, is no longer considered to be a candidate for office, because she did not meet the constitutional requirements for the office at the time of the filing of her nomination paper. Given this, her nomination paper is void.
Article III, Section 6 of the Hawai’i State Constitution, in relevant part, provides as follows:
No person shall be eligible to serve as a member of the house of representatives unless the person has been a resident of the State for not less than three years, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the representative district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent representative may move to a new district without being disqualified from completing the remainder of the incumbent representative’s term.
A qualified voter, as stated in Article II, Section 1, is required to be a United States Citizen.
Every citizen of the United States who shall have attained the age of eighteen years, have been a resident of this State not less than one year next preceding the election and be a voter registered as provided by law, shall be qualified to vote in any state or local election.
Hawaii Revised Statutes § 12-3(f) provides that “[N]omination papers that are incomplete and do not contain all of the certifications and requirements of this section shall be void.”
As SAILAU TIMOTEO was not a United States Citizen at the time of presenting her nomination paper to be filed, the nomination paper is deemed to be incomplete and void because it does not contain all of the certifications and requirements of the law to be a candidate for State Representative.
Given that the ballots have been printed, notice of these events shall be prominently posted at the appropriate polling places on election day.
Votes cast for SAILAU TIMOTEO shall not be counted toward the office of State Representative, District 43.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Great Seal of the
State of Hawaii to be affixed.
DONE at the Office of Elections, in Pearl City,
State of Hawaii, this 3rd day of August, 2018.
SCOTT T. NAGO
Chief Election Officer, State of Hawaii