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 performance the chief election officer. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1462
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 performance of the chief election
 
 9           officer pursuant to article IV, section 3 of the State
 
10           Constitution; and
 
11      (2)  Review the operation of elections and the performance
 
12           of the chief election officer, including complaints
 
13           filed against the same, and make recommendations to the
 
14           chief election officer on methods to improve the
 
15           operation of elections and the chief election officer's
 
16           performance.
 
17                              Part I.
 
18      SECTION 2.  Section 15 of Act 27, Special Session Laws of
 
19 Hawaii 1995, as amended by Section 21 of Act 13, Session Laws of
 
20 Hawaii 1996, is amended to read as follows:
 

 
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 1      "SECTION 15.  This Act shall take effect on July 1, 1995[;
 
 2 provided that on June 30, 1999, this Act shall be repealed and
 
 3 sections 11-1, 11-2, 11-5, 11-191, 11-194, 11-195, 11-216, 12-8,
 
 4 and 26-1, Hawaii Revised Statutes, shall be reenacted in the form
 
 5 in which they read on the day before the effective date of this
 
 6 Act]."
 
 7      SECTION 3.  Chapter 11, Hawaii Revised Statutes, is amended
 
 8 by adding a new section to be appropriately designated and to
 
 9 read as follows:
 
10      "11-     Elections review program.  The elections
 
11 appointment and review panel shall develop and implement an
 
12 elections review program, the purposes of which shall be to:
 
13      (1)  Establish performance standards for the operation of
 
14           elections and the performance of the chief election
 
15           officer.  The performance standards shall provide the
 
16           criteria by which the operation of elections and the
 
17           performance of the chief election officer will be
 
18           evaluated;
 
19      (2)  Review the operation of elections and the performance
 
20           of the chief election officer;
 
21      (3)  Review complaints filed against the operation of any
 
22           election or the performance of the chief election
 
23           officer;
 

 
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 1      (4)  Make recommendations to the chief election officer on
 
 2           methods to improve the operation of elections;
 
 3      (5)  Establish policies for the administration of an
 
 4           elections observer program, to include ensuring the
 
 5           validity and reliability of election results;
 
 6      (6)  Conduct a biennial performance evaluation of the
 
 7           operation of elections and the performance of the chief
 
 8           election officer;
 
 9      (7)  Submit the findings and recommendations from the
 
10           biennial performance evaluation to the legislature, not
 
11           more than twenty days prior to the convening of each
 
12           regular session held in odd-numbered years;
 
13      (8)  Establish ad hoc or permanent advisory subcommittees to
 
14           assist the panel, as needed, in carrying out the
 
15           purposes of this section; and
 
16      (9)  Adopt rules in accordance with chapter 91 to carry out
 
17           the purposes of this section."
 
18                             Part II.
 
19      SECTION 4.  Section 11-1, Hawaii Revised Statutes, is
 
20 amended by amending the definition of "chief election officer" to
 
21 read as follows:
 
22      ""Chief election officer", the individual appointed by the
 
23 elections appointment and review panel pursuant to section 11-1.6
 

 
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 1 to supervise state elections."
 
 2      SECTION 5.  Section 11-1.5, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]11-1.5[]]  Office of elections established. (a) There
 
 5 is established an office of elections to provide support to the
 
 6 chief election officer.  The office shall be attached to the
 
 7 [office of the lieutenant governor] department of accounting and
 
 8 general services for purposes of administration.  The chief
 
 9 election officer shall be the administrator of the office of
 
10 elections.  Except for exercising the right to vote, the full-
 
11 time employees of the office of elections shall not support,
 
12 advocate, or aid in the election or defeat of any candidate for
 
13 public office.
 
14      (b)  The office of elections shall provide staff support to
 
15 the elections appointment and review panel, as requested by the
 
16 panel."
 
17      SECTION 6.  Section 11-1.6, Hawaii Revised Statutes, is
 
18 amended as follows:
 
19      1.  By amending subsections (a) and (b) to read:
 
20      "(a)  The chief election officer shall be appointed by the
 
21 elections appointment and review panel, without regard to
 
22 chapters 76 and 77.  [The elections appointment panel shall
 
23 select and appoint the chief election officer in an odd-numbered
 

 
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 1 year.]  The appointment shall not be subject to the advice and
 
 2 consent of the senate.  In the event of a vacancy, the panel
 
 3 shall meet expeditiously to select and appoint a new chief
 
 4 election officer to serve the remainder of the unexpired term.
 
 5      (b)  The person [so] appointed to be chief election officer
 
 6 shall be a citizen of the United States, a resident of the State,
 
 7 and a registered voter of the State."
 
 8      2.  By amending subsection (f) to read:
 
 9      "(f)  The chief election officer may [be reappointed by]
 
10 petition the panel[.] for reappointment.  The panel may reappoint
 
11 an incumbent chief election officer based on the performance
 
12 evaluation of the chief election officer conducted by the panel.
 
13 The [chief election officer] panel may authorize the chief
 
14 election officer to hold office until a successor is appointed."
 
15                             Part III.
 
16      SECTION 7.  Section 11-2.5, Hawaii Revised Statutes, is
 
17 amended as follows:
 
18      1.  By amending its title and subsections (a) to (d) to
 
19 read:
 
20      "[[]11-2.5[]]  Elections appointment and review panel
 
21 established; composition; term; removal; operations.(a)
 
22 [There] Notwithstanding any law to the contrary, there is
 
23 established an elections appointment and review panel, consisting
 

 
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 1 of five members who shall [be assembled every four years
 
 2 beginning July 1, 1995, whose sole purpose is to] select and
 
 3 appoint the chief election officer[.]; review the operation of
 
 4 elections; evaluate the performance of the chief election officer
 
 5 as required by section 11-   ; and perform such other duties as
 
 6 may be required by law.
 
 7      (b)  The [governor shall appoint the five] members of the
 
 8 elections appointment and review panel[.  Four of the five
 
 9 members] shall be [selected from lists, each consisting of five
 
10 nominees, submitted by the following] appointed as follows:
 
11      (1)  [The] one member to be appointed by the president of
 
12           the senate;
 
13      (2)  [The] one member to be appointed by the speaker of the
 
14           house of representatives;
 
15      (3)  [The members of the senate belonging to the party or
 
16           parties different from that of the president of the
 
17           senate; and
 
18      (4)  The members of the house of representatives belonging
 
19           to the party or parties different from that of the
 
20           speaker of the house of representatives.
 
21 The governor shall select one person from each of these four
 
22 lists.  The fifth member shall be]
 

 
 
 
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 1           one member to be appointed by the minority leader of
 
 2           the senate;
 
 3      (4)  one member to be appointed by the minority leader of
 
 4           the house of representatives; and
 
 5      (5)  one member to be selected with the governor's complete
 
 6           discretion.
 
 7 The appointments shall not require the advice and consent of the
 
 8 senate.
 
 9      (c)  The term of each member shall be [four] six years[.];
 
10 provided that the first term for the members appointed by the
 
11 president of the senate, the minority leader of the house of
 
12 representatives, and the governor, shall be six years, and the
 
13 first term of the remaining members shall be four years.
 
14 Beginning June 30, 2005, all panel members shall serve six-year
 
15 terms, which shall begin on June 30, and shall end on June 29.
 
16 No person shall be appointed consecutively to more than two terms
 
17 as a member of the panel.  Vacancies shall be filled for the
 
18 remainder of any unexpired term in the same manner as the
 
19 original appointment.  Any member of the panel whose term has
 
20 expired and who is not disqualified for membership may continue
 
21 in office as a holdover member until a successor is appointed;
 
22 provided that a holdover member shall not hold office beyond the
 
23 end of the second regular legislative session following the
 
24 expiration of the member's term of office.
 

 
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 1      (d)  The governor may remove or suspend any member of the
 
 2 panel[,] for cause, upon the filing of a written finding with the
 
 3 panel and upon service of a copy of the written finding on the
 
 4 member removed or suspended[.]; provided that any vacancy due to
 
 5 removal or suspension shall be filled by the respective
 
 6 appointing authority established in subsection (b)."
 
 7      2.  By amending subsection (h) to read:
 
 8      "(h)  The elections appointment and review panel shall be
 
 9 attached to the [office of the lieutenant governor] department of
 
10 accounting and general services for purposes of administration."
 
11      SECTION 8.  Section 11-2.6, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.  By amending its title to read:
 
14      "[[]11-2.6[]]  Elections appointment and review panel;
 
15 political activities."
 
16      2.  By amending subsection (b) to read:
 
17      "(b)  Each panel member shall retain the right to:
 
18      (1)  Register and vote as the panel member chooses in any
 
19           election;
 
20      (2)  Participate in the nonpartisan activities of a civic,
 
21           community, social, labor, or professional organization,
 
22           or of a similar organization;
 

 
 
 
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 1      (3)  Be a member of a political party or other political
 
 2           organization and participate in its activities to the
 
 3           extent consistent with law;
 
 4      (4)  Make a financial contribution to a political party or
 
 5           organization;
 
 6      (5)  Serve as an election judge or clerk or in a similar
 
 7           position to perform nonpartisan election duties as
 
 8           prescribed by law; and
 
 9      (6)  Otherwise participate fully in public affairs, except
 
10           as prohibited by law, in a manner which does not
 
11           materially compromise the panel member's efficiency or
 
12           integrity as a panel member or the neutrality,
 
13           efficiency, or integrity of the elections appointment
 
14           and review panel."
 
15                             Part IV.
 
16      SECTION 9.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $5,000, or so much
 
18 thereof as may be necessary for fiscal year 1999-2000, to carry
 
19 out the purposes of this Act.
 
20      The sum appropriated shall be expended by the department of
 
21 accounting and general services for the purposes of this Act.
 

 
 
 
 
 
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 1      SECTION 10.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 11.  This Act shall take effect on June 29, 1999;
 
 4 provided that section 9 shall take effect on July 1, 1999.