Report Title:

Elections; Transfer to Lt. Governor's Office

Description:

Transfers all duties of the office of elections back to the lieutenant governor's office; makes appropriation.

 

THE SENATE

S.B. NO.

472

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ELECTIONS.

 

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

SECTION 1. Section 11-1, Hawaii Revised Statutes, is amended by amending the definition of "chief election officer" to read as follows:

""Chief election officer", the [individual appointed by the elections appointment and review panel pursuant to section 11-1.6 to supervise state elections.] lieutenant governor as set forth in section 11-2."

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

"(a) The lieutenant governor shall be the chief election officer for the administration of this title. 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."

SECTION 3. Section 11-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The chief election officer may employ a permanent staff [without regard to] subject to chapter 76, to supervise state elections; maximize registration of eligible voters throughout the State; maintain data concerning registered voters, elections, apportionment, and districting; and to perform other duties as prescribed by law. The chief election officer or county clerk may employ precinct officials and other election employees as the chief election officer or county clerk may find necessary, none of whom shall be subject to chapter 76."

SECTION 4. Section 12-8, Hawaii Revised Statutes, is amended to read as follows:

"§12-8 Nomination papers; challenge; evidentiary hearings and decisions. (a) All nomination papers filed in conformity with section 12-3 shall be deemed valid unless objection is made thereto by a registered voter, an officer of a political party whose name is on file with the chief election officer, the chief election officer, or the county clerk in the case of a county office. All objections shall be filed in writing not later than 4:30 p.m. on the thirtieth day or the next earliest working day prior to the primary or special election.

(b) If an objection is made by a registered voter, the candidate objected thereto shall be notified of the objection by the chief election officer or the clerk in the case of county offices by registered or certified mail.

(c) If an objection is filed by an officer of a political party with the circuit court, the candidate objected thereto shall be notified of the objection by an officer of the political party by registered or certified mail.

(d) Except for objections by an officer of a political party filed directly with the circuit court, the chief election officer or the clerk in the case of county offices shall have the necessary powers and authority to reach a preliminary decision on the merits of the objection; provided that nothing in this subsection shall be construed to extend to the candidate a right to an administrative contested case hearing as defined in section 91-1(5). The chief election officer or the clerk in the case of county offices shall render a preliminary decision not later than five working days after the objection is filed.

(e) If the chief election officer or clerk in the case of county offices determines that the objection may warrant the disqualification of the candidate, the chief election officer or clerk shall file a complaint in the circuit court for a determination of the objection; provided that such complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the seventh working day after the objection was filed.

(f) If a political party objects to the nomination paper filed by a candidate because the candidate is not a member of the party pursuant to the party's rules filed in conformance with section 11-63, an officer of the party whose name appears on file with the chief election officer shall file a complaint in the circuit court for a prompt determination of the objection; provided that the complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the thirtieth working day or the next earliest working day prior to that election day.

(g) If an officer of a political party whose name appears on file with the chief election officer, the chief election officer, or clerk in the case of county offices files a complaint in the circuit court, the circuit court clerk shall issue to the defendants named in the complaint a summons to appear before the court not later than 4:30 p.m. on the fifth day after service thereof.

(h) The circuit court shall hear the complaint in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law. The judgment shall decide the objection presented in the complaint, and a certified copy of the judgment shall forthwith be served on the chief election officer or the clerk, as the case may be.

(i) If the judgment disqualifies the candidate, the chief election officer or the clerk shall follow the procedures set forth in sections 11-117 and 11-118 regarding the disqualifications of candidates.

(j) If an objection is made to the nomination papers of any candidate for the office of lieutenant governor pursuant to this section, the incumbent lieutenant governor shall be excused and the attorney general shall execute this section. The attorney general shall render a preliminary decision no later than five working days after the objection is filed."

SECTION 5. Section 26-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided by law, the lieutenant governor is designated the secretary of state for intergovernmental relations and shall perform the duties and functions heretofore exercised by the secretary of Hawaii. The duties and functions shall include, but not be limited to, supervision of elections, recordation of all legislative and gubernatorial acts, certification of state documents, and maintenance of an official file of rules adopted by state departments as provided in chapter 91. The lieutenant governor may employ staff as necessary without regard to chapter 76[.]; provided that permanent staff may be employed for elections under section 11-5(a)."

SECTION 6. Section 11-1.5, Hawaii Revised Statutes, is repealed.

["§11-1.5 Office of elections established. (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 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.

(b) The office of elections shall provide staff support to the elections appointment and review panel, as requested by the panel."]

SECTION 7. Section 11-1.6, Hawaii Revised Statutes, is repealed.

["§11-1.6 Appointment of the chief election officer; requirements; term; restrictions; salary; reappointment; removal. (a) The chief election officer shall be appointed by the elections appointment and review panel, without regard to chapter 76. The appointment shall not be subject to the advice and consent of the senate. In the event of a vacancy, the panel shall meet expeditiously to select and appoint a new chief election officer to serve the remainder of the unexpired term.

(b) The person appointed to be chief election officer shall be a citizen of the United States, a resident of the State, and a registered voter of the State.

(c) The chief election officer shall serve for a term of four years. The term shall begin on February 1 following the appointment.

(d) The chief election officer shall devote full time to the duties of the office and shall hold no other public office during the individual's term of office. Except for exercising the right to vote, the individual shall not support, advocate, or aid in the election or defeat of any candidate for public office. The chief election officer shall refrain from financial and business dealings that tend to reflect adversely on the individual's impartiality, interfere with the proper performance of election duties, or exploit the individual's position. Subject to the requirements above, the individual may hold and manage investments, including real estate, and engage in other remunerative activity, but shall not serve as an officer, director, manager, advisor, or employee of any business.

(e) The chief election officer shall be paid a salary set at the maximum salary payable to deputies or assistants to department heads as established by section 26-53.

(f) The chief election officer may petition the panel for reappointment. The panel may reappoint an incumbent chief election officer based on the performance evaluation of the chief election officer conducted by the panel. The panel may authorize the chief election officer to hold office until a successor is appointed.

(g) The chief election officer may be removed by the panel at any time and for any cause."]

SECTION 8. Section 11-2.5, Hawaii Revised Statutes, is repealed.

["§11-2.5 Elections appointment and review panel established; composition; term; removal; operations. (a) Notwithstanding any law to the contrary, there is established an elections appointment and review panel, consisting of five members who shall select and appoint the chief election officer; review the operation of elections; evaluate the performance of the chief election officer as required by section 11-2.7; and perform such other duties as may be required by law.

(b) The members of the elections appointment and review panel shall be appointed as follows:

(1) One member to be appointed by the president of the senate;

(2) One member to be appointed by the speaker of the house of representatives;

(3) One member to be appointed by the minority leader of the senate;

(4) One member to be appointed by the minority leader of the house of representatives; and

(5) One member to be selected with the governor's complete discretion.

The appointments shall not require the advice and consent of the senate.

(c) The term of each member shall be six years; provided that:

(1) The first term for the members appointed by the president of the senate, the minority leader of the house of representatives, and the governor, shall be six years and shall commence upon the appointment of the first member to the elections appointment and review panel and shall expire six years from that date, and

(2) The first term of the remaining members shall be four years and shall commence upon the appointment of the first member to the elections appointment and review panel and shall expire four years from that date.

No person shall be appointed consecutively to more than two terms as a member of the panel. Vacancies shall be filled for the remainder of any unexpired term in the same manner as the original appointment. Any member of the panel whose term has expired and who is not disqualified for membership may continue in office as a holdover member until a successor is appointed; provided that a holdover member shall not hold office for more than six months after expiration of the member's term of office.

(d) The governor may remove or suspend any member of the panel for cause, upon the filing of a written finding with the panel and upon service of a copy of the written finding on the member removed or suspended; provided that any vacancy due to removal or suspension shall be filled by the respective appointing authority established in subsection (b).

(e) The chairperson of the panel shall be selected by a majority vote of the panel from among its members. The panel shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

(f) The members of the panel shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties.

(g) No panel member shall be eligible for appointment as chief election officer so long as the person is a member of the elections appointment and review panel and for a period of one year thereafter.

(h) The elections appointment and review panel shall be attached to the office of the lieutenant governor for purposes of administration."]

SECTION 9. Section 11-2.6, Hawaii Revised Statutes, is repealed.

["[§11-2.6] Elections appointment and review panel; political activities. (a) No panel member shall take an active part in political management or in political campaigns.

(b) Each panel member shall retain the right to:

(1) Register and vote as the panel member chooses in any election;

(2) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;

(3) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;

(4) Make a financial contribution to a political party or organization;

(5) Serve as an election judge or clerk or in a similar position to perform nonpartisan election duties as prescribed by law; and

(6) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the panel member's efficiency or integrity as a panel member or the neutrality, efficiency, or integrity of the elections appointment and review panel.

(c) A panel member may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics or this section."]

SECTION 10. Upon the effective date of this Act, the functions and authority heretofore exercised by the office of elections shall be transferred to the office of the lieutenant governor.

SECTION 11. All rights, powers, functions, and duties of the office of elections are transferred to the office of the lieutenant governor.

All officers and employees of the office of elections shall be transferred to the office of the lieutenant governor, and the positions of the deputy executive officer (general administrator of the elections division) and the director of elections shall be reestablished.

Tenured employees transferred to the office of the lieutenant governor by this Act shall not suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act; provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Employees who, prior to this Act, were exempt from civil service, and who are transferred by this Act to the office of the lieutenant governor, shall continue to retain their exempt status after transfer and shall suffer no loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of the Act.

If an office or position held by a civil service officer or employee having tenure is abolished as a result of this Act, the officer or employee shall have the right to placement through applicable reduction-in-force laws and rules or reemployment through a recall list.

All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, computer software and data, authorizations, and other personal property previously made, used, acquired, or held by the office of elections relating to the functions transferred to the office of the lieutenant governor shall be transferred with the function to which they relate.

SECTION 12. There is hereby appropriated out of the general revenues of the State of Hawaii the sum of $         , or so much thereof as may be necessary for fiscal year 2003-2004, to carry out the purpose of this Act. The sum appropriated shall be expended by the office of the lieutenant governor.

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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