HOUSE OF REPRESENTATIVES

H.B. NO.

15

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

S.D. 1

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONS.

 

 

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

 


SECTION 1. Section 11-1.6, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) The chief election officer [may be removed by the elections commission at any time for good cause.] is an at-will employee. The elections commission shall provide written notification of any removal and state the reason for the removal."

SECTION 2. Section 11-7.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]11-7.5[]] Duties of the elections commission. The duties of the elections commission are to:

(1) Hold public hearings;

(2) Investigate and hold hearings for receiving evidence of any violations and complaints;

(3) Adopt rules pursuant to chapter 91;

(4) Employ, without regard to chapter 76, a full-time chief election officer, pursuant to section 11-1.6; [and]

(5) Conduct a performance evaluation of the chief election officer within two months after the date a general election is certified;

(6) Hold a public hearing on the performance of the chief election officer and consider the information gathered at the hearing in deliberations on the chief election officer's reappointment; and

[(5)] (7) Advise the chief election officer on matters relating to elections."

SECTION 3. Section 15-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Immediately upon receipt of a request for absentee ballot within the time limit specified in section 15-4, the clerk shall examine the records to ascertain whether [or not] the voter is lawfully entitled to vote as requested. [As soon as the printed official ballots are available,] If the clerk ascertains that the voter is lawfully entitled to vote as requested, no earlier than thirty days before the election, the clerk shall mail in a forwarding envelope, or deliver in person if the voter appears at the office of the clerk, an official ballot and other materials prescribed in section 15-6, except that an incapacitated voter may send a representative to obtain the voter's ballots pursuant to the rules [promulgated] adopted by the chief election officer[. All requests received upon the last day specified in section 15-4 for receipt shall be mailed to the voter requesting the same as soon as reasonably practicable, but in no event later than twenty-four hours after receipt thereof.]; provided that official ballots and other materials prescribed in section 15-6 shall be mailed or delivered:

(1) To uniform military and overseas voters pursuant to section 15D-9; and

(2) No later than twenty-four hours after receipt of the request for absentee ballot for requests received on the last day specified in section 15-4."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.


 


 

Report Title:

Chief Election Officer; Elections Commission; Evaluation; Absentee Ballot Delivery

 

Description:

Specifies that the Chief Election Officer is an at-will employee. Requires Elections Commission to provide notice and reason for removal of a Chief Election Officer. Requires a performance evaluation of the Chief Election Officer after a general election. Requires a public hearing on the Chief Election Officer's performance for purposes of considering reappointment. Creates a statewide standard for the distribution of absentee ballots. (HB15 CD1)

 

 

 

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