Report Title:

Chief Election Officer; Duties

Description:

Allows the chief election officer to establish procedures for receiving and processing complaints and conducting investigations.

HOUSE OF REPRESENTATIVES

H.B. NO.

762

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to election hearings.

 

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

SECTION 1. Section 11-2, Hawaii Revised Statutes, is amended to read as follows:

"§11-2 Chief election officer; duties. (a) The chief election officer shall supervise all state elections. The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county or to other specified persons.

(b) The chief election officer may establish procedures for receiving and processing complaints and conducting investigations.

(c) The chief election officer, subject to the privileges that witnesses have in the courts of this State, may:

(1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the ombudsman reasonably believes may be able to give information relating to a matter under investigation; and

(2) Compel any person to produce any books, papers, documents, or other objects designated therein or any other records maintained, including those electronically stored, that the chief election officer reasonably believes may relate to a matter under investigation.

The chief election officer may bring suit in an appropriate state court to enforce these powers.

[(b)] (d) The chief election officer shall be responsible for the maximization of registration of eligible electors throughout the State. In maximizing registration, the chief election officer shall make an effort to equalize registration between districts, with particular effort in those districts in which the chief election officer determines registration is lower than desirable. The chief election officer, in carrying out this function, may make surveys, carry on house-to-house canvassing, and assist or direct the clerk in any other area of registration.

[(c)] (e) The chief election officer shall maintain data concerning registered voters, elections, apportionment, and districting. The chief election officer shall use this data to assist the reapportionment commission provided for under Article IV of the Constitution.

[(d)] (f) The chief election officer shall be responsible for public education with respect to voter materials, including the publication and dissemination of voting materials in the language of a language minority group as required by the Voting Rights Language Assistance Act of 1992, P.L. 102-344.

[(e)] (g) Upon the certification of any bill that sets forth a question for vote by the electorate, the chief election officer shall coordinate the preparation of appropriate voter education materials with the legislative reference bureau. The legislative reference bureau shall be responsible for the interpretation of the bill and shall submit to the chief election officer, not later than ninety days prior to the general election, the following items in final form:

(1) A summary, factsheet, and digest of the proposed constitutional amendment, which includes the purpose and intent of the proposed constitutional amendment, and ramifications of the proposed constitutional amendment if ratified by the electorate; and

(2) Arguments for and against ratification of the proposed constitutional amendment.

[(f)] (h) The chief election officer shall adopt rules governing elections in accordance with chapter 91."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request