STAND. COM. REP. NO. 1294

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 15

       H.D. 1

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 15, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to create a statewide standard for the distribution of absentee ballots.

 

     Your Committee received testimony in support of this measure from the Office of the County Clerk, County of Maui; Office of the City Clerk, City and County of Honolulu; Office of the County Clerk, County of Hawaii; and Common Cause Hawaii.

 

     Prior to the hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which inserts language to:

 

     (1)  Clarify that the Chairperson of the Elections Commission serves at-will and may be removed by a two-thirds vote of the commissioners; and

 

     (2)  Clarify the term limits of the members of the Elections Commission, including the Chairperson.

 

     Your Committee received testimony in opposition to the proposed S.D. 1 from the League of Women Voters and Common Cause Hawaii.  Your Committee received comments on the proposed S.D. 1 from the Department of the Attorney General.

 

     Your Committee finds that this measure will implement a standard distribution of absentee ballots so that voters may anticipate receiving their absentee ballots at similar times.  Your Committee further finds that section 11-7, Hawaii Revised Statutes, regarding the Elections Commission, is unclear regarding the removal of the Chairperson of the Elections Commission as well as the term start and end dates and term limits of Elections Commission members, including the Chairperson.  This measure provides further clarity and accountability.

 

     Your Committee has amended this measure by adopting the proposed S.D. 1 and further amending the proposed S.D. 1 by adopting language suggested by the Department of the Attorney General to provide a process for holdovers to avoid any unintended vacancies on the Elections Commission when the term of the Chairperson or a commission member expires and a selection has not been made.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 15, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 15, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair