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Hawaii Revised Statutes

Haw. Rev. Stat. § 12-3 (2026)

  Nomination paper; format; limitations

✓ current as of July 2026
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     §12-3  Nomination paper; format; limitations.  [Section effective until December 31, 2027.  For section effective January 1, 2028, see below.]  (a)  No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed on the candidate's behalf and in the name by which the candidate is commonly known.  The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:

     (1)  A statement by the registered voters signing the form that they are eligible to vote for the candidate;

     (2)  A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;

     (3)  The residence address and county in which the candidate resides;

     (4)  The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk prior to releasing the form to the candidate;

     (5)  Space for the name, signature, month and date portions of the date of birth, and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that a voter's social security number or any portion thereof and the year portion of the voter's date of birth shall not be required;

     (6)  A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;

     (7)  A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;

     (8)  For candidates seeking elective county office, a sworn certification by self-subscribing oath by the candidate that the candidate has complied with the relevant provisions of the applicable county charter and county ordinances pertaining to elected officials;

     (9)  A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Hawaii State Constitution;

    (10)  A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and

    (11)  The name the candidate wishes to be printed on the ballot and the mailing address of the candidate.

     (b)  Signatures of registered voters shall not be counted, unless they are upon the nomination paper having the format set forth above, written or printed thereon, and if there are separate sheets to be attached to the nomination paper, the sheets shall have the name of the candidate, the candidate's party affiliation or nonpartisanship, and the office and district for which the candidate is running placed thereon by the chief election officer or the clerk.  The nomination paper and separate sheets shall be provided by the chief election officer or the clerk.

     (c)  Nomination papers shall not be filed in behalf of any person for more than one party or for more than one office; nor shall any person file nomination papers both as a party candidate and as a nonpartisan candidate.

     (d)  The office and district for which the candidate is running, the candidate's name, and the candidate's party affiliation or nonpartisanship may not be changed from that indicated on the nomination paper and separate sheets.  If the candidate wishes to run for an office or district different from that for which the nomination paper states or under a different party affiliation or nonpartisanship, the candidate may request the appropriate nomination paper from the chief election officer or clerk and have it signed by the required number of registered voters.

     (e)  Nomination papers that contain alterations or changes made by anyone other than the chief election officer or the clerk to the candidate's information, the candidate's party affiliation or nonpartisanship, the office to which the candidate seeks nomination, or the oath of loyalty or affirmation, after the nomination paper was issued by the chief election officer or clerk, shall be void and will not be accepted for filing by the chief election officer or clerk.

     (f)  Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(b); am L 1975, c 36, §2(2); am L 1979, c 139, §6; am L 1980, c 264, §2; am L 1983, c 34, §19; am L 1997, c 288, §1; am L 2005, c 13, §1; am L 2011, c 157, §1 and c 159, §3; am L 2019, c 22, §1]

 

 

     §12-3  Nomination paper; format; limitations.  [Section effective January 1, 2028.  For section effective until December 31, 2027, see above.]  (a)  No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed on the candidate's behalf and in the name by which the candidate is commonly known.  The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:

     (1)  A statement by the registered voters signing the form that they are eligible to vote for the candidate;

     (2)  A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;

     (3)  The residence address and county in which the candidate resides;

     (4)  The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk before releasing the form to the candidate;

     (5)  Space for the name, signature, month and date portions of the date of birth, and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that a voter's social security number or any portion thereof and the year portion of the voter's date of birth shall not be required;

     (6)  A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;

     (7)  A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;

     (8)  For candidates seeking elective county office, a sworn certification by self-subscribing oath by the candidate that the candidate has complied with the relevant provisions of the applicable county charter and county ordinances pertaining to elected officials;

     (9)  A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Hawaii State Constitution;

    (10)  A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and

    (11)  The name the candidate wishes to be printed on the ballot and the mailing address of the candidate.

     (b)  Signatures of registered voters shall not be counted, unless they are upon the nomination paper having the format set forth above, written or printed thereon, and if there are separate sheets to be attached to the nomination paper, the sheets shall have the name of the candidate, the candidate's party affiliation or nonpartisanship, and the office and district for which the candidate is running placed thereon by the chief election officer or the clerk.  The nomination paper and separate sheets shall be provided by the chief election officer or the clerk.

     (c)  Nomination papers shall not be filed on behalf of any person for more than one party or for more than one office; nor shall any person file nomination papers both as a party candidate and as a nonpartisan candidate.

     (d)  The office and district for which the candidate is running, the candidate's name, and the candidate's party affiliation or nonpartisanship shall not be changed from that indicated on the nomination paper and separate sheets.  If the candidate wishes to run for an office or district different from that for which the nomination paper states or under a different party affiliation or nonpartisanship, the candidate may request the appropriate nomination paper from the chief election officer or clerk and have it signed by the required number of registered voters.

     (e)  Nomination papers that contain alterations or changes made by anyone other than the chief election officer or the clerk to the candidate's information, the candidate's party affiliation or nonpartisanship, the office to which the candidate seeks nomination, or the oath of loyalty or affirmation, after the nomination paper was issued by the chief election officer or clerk, shall be void and shall not be accepted for filing by the chief election officer or clerk.

     (f)  Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void.

     (g)  The chief election officer shall provide a system for the electronic filing of nomination papers, including the submission of the notarized written oath or affirmation and any other required documentation and the deposit of the filing fee.  No additional fee shall be charged to the filer for using the electronic filing system. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(b); am L 1975, c 36, §2(2); am L 1979, c 139, §6; am L 1980, c 264, §2; am L 1983, c 34, §19; am L 1997, c 288, §1; am L 2005, c 13, §1; am L 2011, c 157, §1 and c 159, §3; am L 2019, c 22, §1; am L 2025, c 194, §1]

 

Attorney General Opinions

 

  Candidate who fails to file the certificate required by par. (6) may not be placed upon the ballots.  Att. Gen. Op. 70-15.

  A person who is moving and will change election district in September is eligible to file nomination papers as candidate from the district to which the person will move.  Att. Gen. Op. 74-15.

  Candidate could seek election to public office and constitutional convention even though elections concurrent.  Att. Gen. Op. 75-12.

  Enforces article II, section 7, with respect to candidates for state or county but not federal offices.  Att. Gen. Op. 86-4.

 

Law Journals and Reviews

 

  Fasi v. Cayetano:  Challenging Hawaii's "Resign-to-Run" Amendment.  13 UH L. Rev. 327.

 

Case Notes

 

  Par. (6):  Candidate must certify that candidate will qualify by the next general election; provision not unconstitutional.  52 H. 251, 473 P.2d 872.

  Where individual did not sign the "certification by the partisan candidate", as mandated by subsection (a), and either the "oath of loyalty" or the "affirmation", as mandated by §12-7, the individual's incomplete nomination papers were void on their face, and the county clerk had no authority to "accept" the nomination papers; thus, individual did not become an official candidate for the 14th district.  126 H. 115 (App.), 267 P.3d 699 (2011).

 

 

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1970–2021 · leading case: Blair v. Harris, 45 P.3d 798 (Haw. 2002).
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Blair v. Harris, 45 P.3d 798 (Haw. 2002). · cites it 32× “The parties point to no other provisions in the statutes that establish qualifications for seeking office other than those attendant to the nomination requirements in HRS § 12-3. Contrary to Blair's contention, an individual does not become "eligible" or qualified to be a…”
Hayes v. Gill, 473 P.2d 872 (Haw. 1970). · cites it 62× “With regard to petitioner’s contention that § 12-3(61 violates the State constitution in abridging the power of each house of the legislature to judge the qualifications of its members, it has cogency if the powers of a legislative body to judge includes the power to construe…”
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009). · cites it 5× “See HRS § 12-8 (a voter may file an objection to a candidate’s nomination papers up to 30 days prior to the primary or special election day); HRS § 12-3 (“Nomination paper: format; limitations[ ]”) (a candidate’s nomination papers must include the “residence address and county…”
Burdick v. Takushi, 504 U.S. 428 (1992). · cites it 2× “*440 While voters may vote on any ticket in Hawaii's primary, the State requires that party candidates be "member[s] of the party," Haw. Rev. Stat. § 12-3 (a)(7) (1985), and prohibits candidates from filing "nomination papers both as a party candidate and as a nonpartisan…”
Hustace v. Doi, 588 P.2d 915 (Haw. 1978). · cites it 4× “HRS § 12-3. A separate ballot is prepared for each party and one for nonpartisans.”
Dejetley v. Kaho'ohalahala, 226 P.3d 421 (Haw. 2010). “Under CCM § 12-3(2) the petition for recall of an official “shall be signed by not less than twenty percent (20%) of the voters registered in the last general election.”
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…”
Hirono v. Peabody, 915 P.2d 704 (Haw. 1996). “HRS § 12-8(a) provides: Nomination papers: challenge; evidentiary hearings and decisions, (a) All nomination papers filed in conformity with section 12-3 shall be deemed valid unless objection is made thereto by a registered voter, chief election officer or county clerk in…”
Nishimura v. Williams, 267 P.3d 699 (Haw. App. 2011). · cites it 5× “” HRS § 12-3 (2009 Repl), titled “Nomination Papers; format; limitations,” provides in part: (а) No candidate’s name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed [on] the candidate’s…”
Griffin v. State of Hawaii (D. Haw. 2021). · cites it 4× “Haw. Rev. Stat. § 12-3 . In a congressional election, the nominating paper must be signed by 25 registered voters.”
Kawauchi v. David, 293 P.3d 617 (Haw. App. 2012). · cites it 4× “Pursuant to § 12-8(a), All nomination papers filed in conformity with section 12-3 shall be deemed valid unless objection is made thereto by a registered voter, an officer of a political party *83 whose name is on file with the chief election officer, the chief election officer,…”
— Haw. Rev. Stat. § 12-3(2) — 1 case
Dejetley v. Kaho'ohalahala, 226 P.3d 421 (Haw. 2010). “Under CCM § 12-3(2) the petition for recall of an official “shall be signed by not less than twenty percent (20%) of the voters registered in the last general election.”
— Haw. Rev. Stat. § 12-3(6) — 1 case
Hayes v. Gill, 473 P.2d 872 (Haw. 1970). “With regard to petitioner’s contention that § 12-3(61 violates the State constitution in abridging the power of each house of the legislature to judge the qualifications of its members, it has cogency if the powers of a legislative body to judge includes the power to construe…”
— Haw. Rev. Stat. § 12-3(a) — 2 cases
Blair v. Harris, 45 P.3d 798 (Haw. 2002). “The parties point to no other provisions in the statutes that establish qualifications for seeking office other than those attendant to the nomination requirements in HRS § 12-3. Contrary to Blair's contention, an individual does not become "eligible" or qualified to be a…”
Kawauchi v. David, 293 P.3d 617 (Haw. App. 2012). “Pursuant to § 12-8(a), All nomination papers filed in conformity with section 12-3 shall be deemed valid unless objection is made thereto by a registered voter, an officer of a political party *83 whose name is on file with the chief election officer, the chief election officer,…”
— Haw. Rev. Stat. § 12-3(a)(7) — 1 case
Nishimura v. Williams, 267 P.3d 699 (Haw. App. 2011). “” HRS § 12-3 (2009 Repl), titled “Nomination Papers; format; limitations,” provides in part: (а) No candidate’s name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed [on] the candidate’s…”
— Haw. Rev. Stat. § 12-3(a)(8) — 1 case
Blair v. Harris, 45 P.3d 798 (Haw. 2002). “The parties point to no other provisions in the statutes that establish qualifications for seeking office other than those attendant to the nomination requirements in HRS § 12-3. Contrary to Blair's contention, an individual does not become "eligible" or qualified to be a…”
— Haw. Rev. Stat. § 12-3(f) — 1 case
Nishimura v. Williams, 267 P.3d 699 (Haw. App. 2011). “” HRS § 12-3 (2009 Repl), titled “Nomination Papers; format; limitations,” provides in part: (а) No candidate’s name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed [on] the candidate’s…”
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