REPORT TITLE:
Elections


DESCRIPTION:
Makes the office of elections and the elections appointment panel
permanent.  Requires the panel to create an elections review
program to establish performance standards for, and to conduct
biennial performance evaluations of, the operation of elections
and the conduct of the chief election officer.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1462
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ELECTIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to make the office of
 
 2 elections and the elections appointment panel permanent.  This
 
 3 Act also renames the elections appointment panel as the elections
 
 4 appointment and review panel.  In addition, this Act requires
 
 5 that panel to establish an elections review program to:
 
 6      (1)  Establish performance standards for, and conduct
 
 7           biennial performance evaluations of, the operation of
 
 8           elections and the conduct of the chief election
 
 9           officer; and
 
10      (2)  Review the operation of elections and the conduct of
 
11           the chief election officer, including complaints filed
 
12           against the same, and make recommendations to the chief
 
13           election officer on methods to improve the operation of
 
14           elections and the chief election officer's conduct.
 
15                              Part 1
 
16      SECTION 2.  Section 15 of Act 27, Special Session Laws of
 
17 Hawaii 1995, as amended by Section 21 of Act 13, Session Laws of
 
18 Hawaii 1996, is amended to read as follows:
 
19      "SECTION 15.  This Act shall take effect on July 1, 1995[; 
 

 
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 1 provided that on June 30, 1999, this Act shall be repealed and
 
 2 sections 11-1, 11-2, 11-5, 11-191, 11-194, 11-195, 11-216, 12-8,
 
 3 and 26-1, Hawaii Revised Statutes, shall be reenacted in the form
 
 4 in which they read on the day before the effective date of this
 
 5 Act]."
 
 6      SECTION 3.  Chapter 11, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to be appropriately designated and to
 
 8 read as follows:
 
 9      "11-     Elections review program.  The elections
 
10 appointment and review panel shall provide for the establishment
 
11 of an elections review program, the purposes of which shall be
 
12 to:
 
13      (1)  Establish performance standards for the operation of
 
14           elections and the conduct of the chief election
 
15           officer.  The performance standards shall provide the
 
16           criteria by which the operation of elections and the
 
17           conduct of the chief election officer will be
 
18           evaluated;
 
19      (2)  Review the operation of elections and the conduct of
 
20           the chief election officer;
 
21      (3)  Review complaints filed against the operation of any
 
22           election or the conduct of the chief election officer;
 
23      (4)  Make recommendations to the chief election officer on
 

 
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 1           methods to improve the operation of elections;
 
 2      (5)  Establish policies for the administration of an
 
 3           elections observer program, one purpose of which shall
 
 4           be to ensure the validity and reliability of election
 
 5           results;
 
 6      (6)  Conduct a biennial performance evaluation of the
 
 7           operation of elections and the conduct of the chief
 
 8           election officer;
 
 9      (7)  Submit biennial findings and recommendations to the
 
10           legislature concerning the operation of elections and
 
11           the conduct of the chief election officer, not more
 
12           than twenty days prior to the convening of a regular
 
13           session in odd-numbered years;
 
14      (8)  Establish ad hoc or permanent advisory subcommittees to
 
15           assist the panel, as needed, in carrying out the
 
16           purposes of this section; and
 
17      (9)  Adopt rules in accordance with chapter 91 to carry out
 
18           the purposes of this section."
 
19                              Part 2
 
20      SECTION 4.  Section 11-1.5, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]11-1.5[]]  Office of elections established.  There is
 
23 established an office of elections to provide support to the
 

 
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 1 chief election officer.  The office shall be attached to the
 
 2 [office of the lieutenant governor]                              
 
 3 for purposes of administration.  The chief election officer shall
 
 4 be the administrator of the office of elections.  Except for
 
 5 exercising the right to vote, the full-time employees of the
 
 6 office of elections shall not support, advocate, or aid in the
 
 7 election or defeat of any candidate for public office."
 
 8      SECTION 5.  Section 11-1.6, Hawaii Revised Statutes, is
 
 9 amended as follows:
 
10      1.  By amending subsections (a) and (b) to read:
 
11      "(a)  The chief election officer shall be appointed by the
 
12 elections appointment and review panel, without regard to
 
13 chapters 76 and 77.  [The elections appointment panel shall
 
14 select and appoint the chief election officer in an odd-numbered
 
15 year.]  The appointment shall not be subject to the advice and
 
16 consent of the senate.  In the event of a vacancy, the panel
 
17 shall meet expeditiously to select and appoint a new chief
 
18 election officer to serve the remainder of the unexpired term.
 
19      (b)  The person [so] appointed to be chief election officer
 
20 shall be a citizen of the United States, a resident of the State,
 
21 and a registered voter of the State."
 
22      2.  By amending subsection (f) to read:
 
23      "(f)  The chief election officer may [be reappointed by]
 

 
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 1 petition the panel[.] for reappointment.  The panel may reappoint
 
 2 an incumbent chief election officer based on the performance
 
 3 evaluation of the chief election officer conducted by the panel.
 
 4 The [chief election officer] panel may authorize the chief
 
 5 election officer to hold office until a successor is appointed."
 
 6      SECTION 6.  Section 11-2.5, Hawaii Revised Statutes, is
 
 7 amended as follows:
 
 8      1.  By amending its title and subsections (a) to (d) to
 
 9 read:
 
10      "[[]11-2.5[]]  Elections appointment and review panel
 
11 established; composition; term; removal; operations.(a)  There
 
12 is established an elections appointment and review panel,
 
13 consisting of five members who shall [be assembled every four
 
14 years beginning July 1, 1995, whose sole purpose is to] select
 
15 and appoint the chief election officer[.]; review the operation
 
16 of elections; evaluate the performance of the chief election
 
17 officer as required by section 11-   ; and perform such other
 
18 duties as may be required by law.
 
19      (b)  The governor shall appoint the five members of the
 
20 elections appointment and review panel.  Four of the five members
 
21 shall be selected from lists, each consisting of five nominees,
 
22 submitted by the following:
 
23      (1)  The president of the senate;
 

 
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 1      (2)  The speaker of the house of representatives;
 
 2      (3)  The members of the senate belonging to the party or
 
 3           parties different from that of the president of the
 
 4           senate; and
 
 5      (4)  The members of the house of representatives belonging
 
 6           to the party or parties different from that of the
 
 7           speaker of the house of representatives.
 
 8 The governor shall select one person from each of these four
 
 9 lists.  The fifth member shall be selected with the governor's
 
10 complete discretion.  The appointments shall not require the
 
11 advice and consent of the senate.
 
12      (c)  The term of each member shall be four years.  No person
 
13 shall be appointed consecutively to more than two terms as a
 
14 member of the panel.  Vacancies shall be filled for the remainder
 
15 of any unexpired term in the same manner as the original
 
16 appointment.  Any member of the panel whose term has expired and
 
17 who is not disqualified for membership may continue in office as
 
18 a holdover member until a successor is nominated and appointed;
 
19 provided that a holdover member shall not hold office beyond the
 
20 end of the second regular legislative session following the
 
21 expiration of the member's term of office.
 
22      Beginning June 30, 1999, the terms of initial panel members
 
23 shall be staggered so that two persons serve terms of two years
 

 
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 1 and three persons serve terms of four years; provided that:
 
 2      (1)  Two parties shall be represented by the initial panel
 
 3           members who are appointed to serve two-year terms;
 
 4      (2)  At least two parties shall be represented by the
 
 5           initial panel members who are appointed to serve four-
 
 6           year terms; and
 
 7      (3)  All initial terms shall begin on June 30, and shall end
 
 8           on June 29.
 
 9      Beginning June 30, 2003, all panel members shall serve four-
 
10 year terms, which shall begin on June 30, and shall end on
 
11 June 29.
 
12      (d)  The governor may remove or suspend any member of the
 
13 panel[,] for cause, upon the filing of a written finding with the
 
14 panel and upon service of a copy of the written finding on the
 
15 member removed or suspended."
 
16      2.  By amending subsection (h) to read:
 
17      "(h)  The elections appointment and review panel shall be
 
18 attached to the [office of the lieutenant governor]              
 
19                      for purposes of administration."
 
20                              Part 3
 
21      SECTION 7.  Section 11-1, Hawaii Revised Statutes, is
 
22 amended by amending the definition of "chief election officer" to
 
23 read as follows:
 

 
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 1      ""Chief election officer", the individual appointed by the
 
 2 elections appointment and review panel pursuant to section 11-1.6
 
 3 to supervise state elections."
 
 4      SECTION 8.  Section 11-2.6, Hawaii Revised Statutes, is
 
 5 amended as follows:
 
 6      1.  By amending its title to read:
 
 7      "[[]11-2.6[]]  Elections appointment and review panel;
 
 8 political activities."
 
 9      2.  By amending subsection (b) to read:
 
10      "(b)  Each panel member shall retain the right to:
 
11      (1)  Register and vote as the panel member chooses in any
 
12           election;
 
13      (2)  Participate in the nonpartisan activities of a civic,
 
14           community, social, labor, or professional organization,
 
15           or of a similar organization;
 
16      (3)  Be a member of a political party or other political
 
17           organization and participate in its activities to the
 
18           extent consistent with law;
 
19      (4)  Make a financial contribution to a political party or
 
20           organization;
 
21      (5)  Serve as an election judge or clerk or in a similar
 
22           position to perform nonpartisan election duties as
 
23           prescribed by law; and
 

 
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 1      (6)  Otherwise participate fully in public affairs, except
 
 2           as prohibited by law, in a manner which does not
 
 3           materially compromise the panel member's efficiency or
 
 4           integrity as a panel member or the neutrality,
 
 5           efficiency, or integrity of the elections appointment
 
 6           and review panel."
 
 7                              Part 4
 
 8      SECTION 9.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 10.  This Act shall take effect on June 29, 1999.
 
11 
 
12                           INTRODUCED BY:_________________________