Report Title:

Elections; Office of Elections

 

Description:

Exempts the office of elections from the legal and contractual remedies of the procurement code and establishes a procedure for protesting procurement awards by the office of election, requesting reconsideration, and awarding contracts pending resolution of the protest.  Makes remedies exclusive.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

859

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ELECTIONS.

 

 

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

 


     SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

     "§11-A  Election Procurements.  The office of elections shall procure goods and services, consistent with the goals of the public procurement code found in chapter 103D.  However, the office of elections shall be exempt from the legal and contractual remedies of part VII of chapter 103D.  Instead, the office of elections shall utilize the procedures of this chapter to resolve any election procurement dispute in a timely manner, so as not to compromise the conducting of those elections that are required by law to be held on specific immovable dates.

     §11-B  Protested awards.  (a)  A person who is aggrieved by an award of a contract may protest the office of elections' alleged failure to follow procedures established by chapter 103D, rules adopted by the policy board, or a request for proposals or other solicitation in selecting a provider and awarding a contract; provided the contract was awarded under chapter 103D.  Amounts payable under a contract awarded by the office of elections may not be protested and shall be final and conclusive when made.

     (b)  The protest shall be submitted to the chief election officer, in writing, within five working days after the postmark date on the notice of award.

     (c)  The chief election officer, or a designee, may settle and resolve a protest by one or more of the following means:

     (1)  Amending or canceling a request for proposals or other solicitation;

     (2)  Terminating the contract which was awarded;

     (3)  Initiating a new process to award a contract;

     (4)  Declaring the contract null and void from the time of its award; or

     (5)  Affirming the office of election's contract award decision.

     (d)  If the protest is not resolved by mutual agreement, the chief election officer, or a designee, shall promptly issue a decision in writing.  The decision shall:

     (1)  State the reasons for the action taken; and

     (2)  Inform the protesting person of the protester's right to reconsideration as provided in this part.

A copy of the written decision shall be mailed or otherwise furnished to the person who initiated the protest.

     (e)  A decision under subsection (d) shall be final and conclusive unless a request for reconsideration is submitted to the chief procurement officer under section 11-C.

     §11-C  Right to request reconsideration.  (a)  A request for reconsideration of a decision of the chief election officer under section 11-B shall be submitted to the chief procurement officer not later than five working days after the receipt of the written decision, and shall contain a specific statement of the factual and legal grounds upon which reversal or modification is sought.

     (b)  A request for reconsideration may be made only to correct the office of elections' failure to comply with those sections of chapter 103D that are applicable to the office of elections, rules adopted to implement those sections, or a request for proposal, if applicable.

     (c)  The chief procurement officer may uphold the previous decision of the chief election officer or designee, or reopen the protest as deemed appropriate.

     (d)  A decision under subsection (c) shall be final and conclusive.

     §11-D  Award of contract suspended during a protest.  In the event of a timely protest, or request for reconsideration, no further action to award the contract until the issue is resolved shall be taken, unless the chief procurement officer makes a written determination that the award of the contract without delay is necessary to protect substantial interest of the State such as the successful conducting of the elections and compliance with applicable federal and state laws.  However, a stay will be lifted if there are less than        days prior to the day of the election.

     §11-E  Exclusivity of remedies.  The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the award of a contract to resolve their concerns."

     SECTION 2.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval; provided that this Act shall be repealed on           .

 

INTRODUCED BY:

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By Request