Senator Rhoads Admits He Had Trump In Mind When He Wrote SB2392
Hearing is Tuesday 2/6/2024 at 9:30, Testimony Due Monday Morning
The Senate Judiciary Committee (JDC) hearing on SB2392 is Tuesday at 9:30 am. This is the Rhoads bill that prohibits anyone who engaged in a resurrection from running for office in Hawai’i, and extends the reasons for which candidates can be kept off the ballot to “Another constitutional or statutory provision”. This bill has a LOT to unpack.
Why is Rhoads targeting Presidential Candidate Trump instead of focusing on legislation that addresses pressing issues in Hawai’i and his own Senate District 13? Rhoads admitted to a Hawaii News Now reporter that he had Trump “in mind” when he wrote SB2392:
One look at his X account reveals that he is a fervent Trump hater.
Of note, he has been blocking Hawai’i residents right and left who have posted comments regarding SB2392 on his feed. His account does not appear to be an official governmental representative account, he can do whatever he wants with his personal account-but it’s still not very professional as an elected official to block Hawai’i residents just because you don’t agree with them (Karl Marxist Rhoads).
We need a team of lawyers to pick apart the whole bill. It’s overwhelming for the layperson. It’s *only* 13 pages, but it completely rewrites Hawai’i election law.
Let’s take a look at some of SB2392. Here is the introduction:
“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 Constitution of the State of Hawaii; or
(C) Another constitutional or statutory provision;
This is the running theme of the bill and for simplicity’s sake I’ll refer to it as RhoadsABC.
What is the purpose of C in RhoadsABC, “statutory provision”?
It appears to be a blanket statement that if you can find a statute anywhere in Hawai’i law to keep someone off the ballot, well then, go for it! Current law on ballot exclusions is more stringent.
SB2392 adds an entirely new section to Hawai’i’s election laws:
§11- 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:… RhoadsABC.
(b) Any challenge to the inclusion or exclusion of any candidate on a ballot issued by the chief election officer or clerk shall be in writing and, no later than the fifty-seventh day prior to the general election, shall be filed with the appropriate district court; provided that for any challenge to the inclusion or exclusion of a presidential candidate on a general election ballot, the appropriate district court shall be the district court of the first circuit. 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 district court shall hold a hearing regarding the challenge. The district 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 prior to 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.
(c) Any order entered by the district court may be reviewed and finally adjudicated by the supreme court of this State if either party makes application to the supreme court no later than the fiftieth day prior to the general election, unless the supreme court, in its discretion, declines jurisdiction of the case. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review by any court of this State.
Wow. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review by any court of this State.
I wonder if Democrat appointed Hawai’i State Supreme Court judges would be impartial to such a request, or might they politely decline to review the proceedings?
SB2392 adds RhoadsABC to existing state law to the following section,
HRS §14-22 Contested nominations of presidential electors and alternates
and COMPLETELY rewrites §11-172 Contests for cause; generally:
With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. The complaint shall set forth any cause or causes, such as but not limited to, provable fraud, overages, or underages, that could cause a difference in the election results, and a candidates disqualification pursuant to RhoadsABC. The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the voter service center officials or the officials at a counting center in an election using the electronic voting system…”
There’s more in sections 5-7. You’ll need to make a pot of coffee and dig into it. Rhoads has really outdone himself with this bill.
Senator Karl Rhoads is abusing his position as an elected official to rewrite state law to target Trump.
This bill only has ONE committee referral; to JDC, of which Rhoads is the committee Chair.
This bill has no companion bills-although there is another Rhoads bill SB2393 that is related to SB2392 and changes our State Constitution. I’m sure it will be scheduled soon for a hearing.
Rhoads singlehandedly rewrites entire sections of and adds whole new sections to Hawai’i election laws.
A legislator with a personal hatred of a Presidential Candidate, and the authority as Senate Judiciary Committee Chair to bring bills to hearings and influence or pressure his committee on how to vote, should not be able to unilaterally write, bring, and pass laws that dramatically change existing Hawai’i election law.
Please submit testimony OPPOSING SB2392.