§12-42 Unopposed candidates declared
elected. (a) Any candidate running for any office in the State of Hawaii
in a special election or special primary election who is the sole candidate for
that office shall, after the close of filing of nomination papers, be deemed
and declared to be duly and legally elected to the office for which the person
is a candidate. The term of office for a candidate elected under this
subsection shall begin respectively on the day of the special election or on
the day of the immediately succeeding special general election.
(b) Any candidate running for any office in
the State of Hawaii in a special general election who was only opposed by a
candidate or candidates running on the same ticket in the special primary
election and is not opposed by any candidate running on any other ticket,
nonpartisan or otherwise, and is nominated at the special primary election
shall, after the special primary, be deemed and declared to be duly and legally
elected to the office for which the person is a candidate at the special
primary election regardless of the number of votes received. The term of
office for a candidate elected under this subsection shall begin on the day of
the special general election. [L 1974, c 34, §2(d); am L 1985, c 203, §6]
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 2008–2024 · leading case:
Clark v. Arakaki, 191 P.3d 176 (Haw. 2008).
Clark v. Arakaki, 191 P.3d 176 (Haw. 2008).
· cites it 6× “[4] HRS § 12-42 provides, in its entirety: (a) Any candidate running for any office in the State of Hawaii in a special election or special primary election who is the sole candidate for that office shall, after the close of filing of nomination papers, be deemed and declared to…”
Dicks v. State, 557 P.3d 831 (Haw. 2024).
· cites it 6× “” Finally, as to HRS § 12-42, the complaint claims that the ballot violates that statute because unopposed candidates should not be on primary ballots.”
Malish v. Nago (Haw. 2022).
· cites it 2× “In support, Plaintiffs assert that HRS § 12-41(b) should be read in conjunction with HRS § 12-42(b) (2009) to discern the “spirit of statute” such that unopposed candidates in a primary election should all move forward to the general election, including nonpartisan candidates.”
In re United Pub. Workers v. Kishimoto (Haw. 2020).
“CE-01-537a alleging a violation of the UPW/DOE stipulation and that, therefore, amending the Ah Sing complaint to add a claim against the DOE would result in two complaints for the same controversy, in violation of Hawaiʻi Administrative Rules (“HAR”) § 12-42- 42(f) (1981).11…”
— Haw. Rev. Stat. § 12-42(b) — 1 case
Malish v. Nago (Haw. 2022).
“In support, Plaintiffs assert that HRS § 12-41(b) should be read in conjunction with HRS § 12-42(b) (2009) to discern the “spirit of statute” such that unopposed candidates in a primary election should all move forward to the general election, including nonpartisan candidates.”
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