Honolulu, Hawaii

                , 2017


RE:   H.B. No. 1401

      H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii




     Your Committee on Judiciary, to which was referred H.B. No. 1401 entitled:




begs leave to report as follows:


     The purpose of this measure is to reduce the logistical issues related to conducting elections at polling places by implementing elections by mail for all elections held in the State beginning with the 2020 primary election.  Specifically, this measure:


     (1)  Establishes the procedures to conduct elections by mail;


     (2)  Provides for voter service centers and places of ballot deposit to receive ballots; and


     (3)  Provides for voting machine services for persons with disabilities.


     Kauai County Office of the County Clerk, City and County of Honolulu Office of the City Clerk, Hawaii County Office of the County Clerk, Common Cause Hawaii, League of Women Voters, and an individual testified in support of the measure.  The Hawaii Republican Party testified in opposition.  The Office of Elections, Maui County Office of the County Clerk, and an individual provided comments.


     Your Committee amended this measure by:


     (1)  Requiring the Clerk of each County to establish an unspecified number of voter service centers;


     (2)  Specifying that the Clerk of each County shall be responsible for voter service centers, places for ballot deposit, and providing public notice of the date that ballot packages are to be mailed;


     (3)  Aligning the monetary fine for providing false information with the penalty for a class C felony;


     (4)  Establishing that the Chief Election Officer shall set the compensation for election day officials by rule; and


     (5)  Requiring that election contest complaints be filed no later than the thirteenth day after the primary and special primary election.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1401, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1401, H.D. 1, and be referred to your Committee on Finance.



Respectfully submitted on behalf of the members of the Committee on Judiciary,