HOUSE OF REPRESENTATIVES	H.B. NO.	15
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

PART I

     SECTION 1.  Section 11-7, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a) and (b) to read:

     "(a) There is established an elections commission within the department of accounting and general services for administrative purposes.  The elections commission shall [consist of] include nine members consisting of eight commissioners and a chairperson who shall be selected as follows:

     (1)  The president of the senate shall select two elections commission members;

     (2)  The speaker of the house of representatives shall select two elections commission members;

     (3)  The senators belonging to a party or parties different from the president of the senate shall designate one senator to select two elections commission members;

     (4)  The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate one representative to select two elections commission members; and

     (5)  One member, who shall serve as chairperson of the elections commission, shall be selected by the members of the elections commission selected pursuant to paragraphs (1) to (4);

provided that each group of four elections commission members selected by each house shall include one elections commission member from each of the four counties.

     (b)  The chairperson of the elections commission under subsection (a)(5) shall be selected by a two-thirds vote[.] of the commissioners selected pursuant to subsection (a)(1) to (4); provided that the tenure of the chairperson shall be subject to subsection (f) and also to removal at-will by a two-thirds vote of the commissioners at any time."

     2.  By amending subsections (e) through (g) to read:

     "(e)  [Notwithstanding section 26-34,] The elections commission [member appointments] shall not be subject to [senatorial confirmation.] section 26-34.

     (f)  The term of the elections [commissioners] commission members, including the chairperson, shall be four years[, except]; provided that with respect to the terms of the initial elections commission members, one member selected from each of subsection (a)(1) to (4) shall serve for a term of two years[.]; provided further that no member, including the chairperson, shall serve more than two consecutive terms or more than eight consecutive years on the commission.  The term of each commissioner selected pursuant to subsection (a)(1) to (4) shall commence on July 1 and expire on June 30.  Any elections commission member, including the chairperson, whose term has expired and who is not disqualified for membership under this section may continue in office as a holdover member until a successor is selected.

(g)  The elections [commissioners] commission members shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties."

PART II

     SECTION 2.  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."

PART III

     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.

Report Title:

Elections Commission; Absentee Ballot Delivery

Description:

Clarifies that the chairperson of the elections commission serves at-will and may be removed by a 2/3 vote of the commissioners.  Clarifies the term limits of the members of the elections commission, including the chairperson.  Creates a statewide standard for the distribution of absentee ballots.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.