Report Title:

Election Offenses; Penalties; Enforcement

 

Description:

Provides civil penalties for violations of rules adopted by the chief election officer. Requires the attorney general to prosecute violations of election law upon written request from the chief election officer.

HOUSE OF REPRESENTATIVES

H.B. NO.

1513

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to election offenses.

 

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

SECTION 1. Findings and purpose. The legislature finds that the attorney general is responsible for the enforcement of the election laws of the State. In addition to these laws, the office of elections has adopted five chapters of administrative rules to implement provisions of the elections statutes.

However, these administrative rules on elections are unenforceable, because neither the attorney general nor any other agency has the legal power to bring enforcement action against a violator of these rules.

The purpose of this Act is to authorize the attorney general to enforce the administrative rules of the office of elections.

SECTION 2. Chapter 19, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§19- Civil penalties. (a) Any person who violates any rule adopted by the chief election officer shall be assessed a civil penalty of not more than $500 for each separate violation. The chief election officer shall be authorized to assess the civil penalties and may commence a civil action in the appropriate court to recover any civil penalties imposed pursuant to this section.

(b) Civil penalties collected pursuant to this section shall be paid to the office of elections and used for a voter registration and education program to promote participation in elections by encouraging voter registration, voter education, and voter turnout.

§19- Prosecution. (a) The department of the attorney general shall prosecute cases involving any violation of this chapter upon written request from the chief election officer.

(b) The court shall give priority to the expeditious processing of any case brought pursuant to this section."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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