CONFERENCE COMMITTEE REP. NO. 38

Honolulu, Hawaii

                 , 2015

RE:    H.B. No. 15

       H.D. 1

       S.D. 1

       C.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 15, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

(1)  Clarify the composition of the Elections Commission;

(2)  Clarify that the Chairperson of the Elections Commission serves at-will and may be removed by a two-thirds vote of the commissioners;

(3)  Clarify the term limits of the members of the Elections Commission, including the Chairperson;

(4)  Provide a process for holdovers when the term of the Chairperson or a commission member expires and a selection has not been made; and

(5)  Create a statewide standard for the distribution of absentee ballots.

     Your Committee on Conference has amended this measure to:

(1)  Delete the provisions which:

(A)  Clarify the composition of the Elections Commission;

(B)  Specify the at-will employment status and the process for the removal of the Chairperson;

(C)  Clarify the term limits of the members of the Elections Commission; and

(D)  Provide a process for holdovers;

(2)  Specify that the Chief Election Officer is an at-will employee; and

(3)  Require the Elections Commission to:

(A)  Provide written notification of any removal of the Chief Election Officer, including a statement of the reason for removal;

(B)  Conduct a performance evaluation of the Chief Election Officer within two months after the date a general election is certified; and

(C)  Hold a public hearing on the performance of the Chief Election Officer and consider the information gathered at the hearing when deliberating the reappointment of the Chief Election Officer.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 15, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 15, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ GILBERT S.C. KEITH-AGARAN, Chair

____________________________ KARL RHOADS, Chair