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. (HB413 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

413

TWENTY-SECOND LEGISLATURE, 2003

H.D. 2

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 positions are transferred by this Act shall be transferred to the office of the auditor.

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 elections 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to implement the provisions of the Hawaii Revised Statutes shall remain in full force and effect until amended or repealed by the office of the auditor pursuant to chapter 91, Hawaii Revised Statutes.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.