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Hawaii Revised Statutes

Haw. Rev. Stat. § 12-2 (2026)

  Primary held when; candidates only those nominated

✓ current as of July 2026
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     §12-2  Primary held when; candidates only those nominated.  The primary shall be held on the second Saturday of August in every even numbered year.

     No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(a); am L 1975, c 36, §2(1); am L 1976, c 106, §2(1); am L 1979, c 122, §2; gen ch 1985; am L 2010, c 126, §2]

 

Case Notes

 

  Court abstained from deciding whether Hawaii statute bans write-in voting.  846 F.2d 587.

  Casting of write-in votes not permitted.  70 H. 498, 776 P.2d 824.

 

 

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1972–2024 · leading case: State v. Park, 525 P.2d 586 (Haw. 1974).
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State v. Park, 525 P.2d 586 (Haw. 1974). · cites it 4× “1972) to be held on the first Saturday in October, 1972, and by simple computation, 20 days after the primary election would fall on Friday, October 27, 1972, which was not a holiday. HRS § 8-1 (Supp. 1972). [1] See HRS §§ 19-6(1) and 19-7 (Supp.”
Blair v. Harris, 45 P.3d 798 (Haw. 2002). · cites it 2× “Harris contends that the circuit court erred because "filing nomination papers under [Hawai`i Revised Statutes (HRS) § 12-2 (Supp.2001)] is the relevant point in time for purposes of being forced to resign under [section 7.”
Eugene Hamamoto v. David Ige, 881 F.3d 719 (9th Cir. 2018). “See Haw. Rev. Stat. § 12-2 . The Hawaii State Legislature amended § 17-1 in June 2015 to advance the cutoff date from sixty days before the primary election to twenty-one days before the deadline for filing nominating papers, which is the first Tuesday in June.”
Application of Pioneer Mill Co., 497 P.2d 549 (Haw. 1972). · cites it 2× “' This constitutional provision is clear and unambiguous, and must be read in conjunction with Section 12-3, Hawaii Revised Statutes, which provides that a candidate's name will not be printed on the primary or special election ballot unless he has filed nomination papers and…”
Burdick v. Takushi, 776 P.2d 824 (Haw. 1989). · cites it 2× “) HRS § 12-2 provides in part: No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary.”
Democratic Party v. Nago, 982 F. Supp. 2d 1166 (D. Haw. 2013). “”) 1 & § 12-2 (“No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary.”
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990). “See Haw.Rev.Stat. §§ 12-2, 12-6 (1985 & Supp.”
Kostick v. Nago, 878 F. Supp. 2d 1124 (D. Haw. 2012). · cites it 2× “Haw.Rev.Stat. § 12-2. The general election is scheduled for November 6, 2012.”
Dicks v. State of Hawai'i Off. of Elections (Haw. 2022). · cites it 4× “Plaintiffs also cite to HRS §§ 11-63 through 11-65 and HRS §§ 12-2, 12-8, and 831-2, as well as the United States Constitution and Hawai#i Administrative Rules.”
Decker IV v. State of Hawai'i Off. of Elections (Haw. 2022). · cites it 4× “Plaintiff also cites to HRS §§ 11-63 through 11-65 and HRS §§ 12-2, 12-8, and 831-2, as well as the United States Constitution and Hawai#i Administrative Rules.”
DeJean v. Off. of Elections (Haw. 2024). · cites it 2× “3d 1154, 1166 (2023); see also HRS § 12-2 (Supp. 2011) (“No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary.”
Stop Rail Now v. De Costa, 225 P.3d 659 (Haw. App. 2009). · cites it 2× “HRS § 12-2 (1993). Under article II, § 8, of the Hawai'i Constitution, a general election is held on the Tuesday after the first Monday in November in all even-numbered years.”
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