Report Title:

Office of elections

Description:

Transfers the office of elections from the Lt. Governor's office to the Office of the Auditor for administrative purposes.

HOUSE OF REPRESENTATIVES

H.B. NO.

413

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the office of elections.

 

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

SECTION 1. The legislature finds that there is a need to make certain offices more accountable and subject to more stringent oversight, especially where public integrity is concerned. The legislature believes that transferring the office of elections to the office of the auditor will improve coordination of functions, policies, and procedures.

The purpose of this Act is to increase accountability and make government more efficient by placing the office of elections within the office of the auditor, for administrative purposes only.

SECTION 2. Section 11-1.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established an office of elections to provide support to the chief election officer. The office shall be attached to the office of the [lieutenant governor] auditor for purposes of administration. The chief election officer shall be the administrator of the office of elections. Except for exercising the right to vote, the full-time employees of the office of elections shall not support, advocate, or aid in the election or defeat of any candidate for public office."

SECTION 3. All rights, powers, functions, and duties of the office of elections are transferred to the office of the auditor.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of election relating to the functions transferred to the office of the auditor shall be transferred with the functions to which they relate.

SECTION 5. All rules, policies, procedures, guidelines, and other material adopted or developed heretofore by the office of elections to implement the provisions of the Hawaii Revised Statutes shall remain in full force and effect until amended or repealed by the office of the auditor to chapter 91, Hawaii Revised Statutes.

SECTION 6. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor is authorized and empowered to modify the strict provisions of this Act, but shall promptly report any such modifications with reasons therefore to the legislature at its next session thereafter for review by the legislature.

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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