Bill Text: HI HB316 | 2014 | Regular Session | Introduced

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Bill Title: Elections; Elections Commission; Chief Election Officer

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB316 Detail]

Download: Hawaii-2014-HB316-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	316
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to elections.

 

 

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

 

          SECTION 1.  The legislature finds that the right to vote is integral to the democratic process.  Therefore, the public must have confidence in the integrity of elections procedures.  Without such assurances, it will be difficult to garner enthusiasm and increase voter turnout in the future.  The legislature further finds that the public's trust in the government's ability to conduct fair and efficient voting operations has been shaken, due to events that unfolded during the 2012 elections.  Polling places in Hawaii County delayed their opening time due to polling place and operational issues; some polling places on Oahu did not have enough paper ballots on hand.  As a result, voters were forced to stand in long lines for an hour or more, discouraging some from exercising their right to vote.

The purpose of this Act is to prevent such reoccurrences by expanding the responsibilities of the elections commission to more closely monitor the chief election officer and clarify the duties of the chief election officer in monitoring elections.

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§11-    Staff for the elections commission.  The elections commission shall have the authority to hire employees to assist the commission in the fulfillment of its duties under this chapter."

     SECTION 3.  Section 11-1.6, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  Before February 1, 2016, [The] the chief election officer may be removed by the elections commission at any time for good cause.  After January 31, 2016, the chief election officer shall serve at the pleasure of the elections commission."

     SECTION 4.  Section 11-2, Hawaii Revised Statutes, is amended to read as follows:

     "§11-2  Chief election officer; duties.  (a)  The chief election officer shall supervise all state elections.

     (b)  The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county [or] and to other specified persons[.], provided that:

     (1)  If a clerk lacks prior election experience in handling substantial delegated responsibilities of the chief election officer, the chief election officer shall, at a minimum, supervise elections within that county at a heightened level of scrutiny;

     (2)  This subsection shall not be construed to limit the authority of the chief election officer to intervene in a clerk's preparations for elections; and

     (3)  This subsection shall not be construed to limit the authority of the chief election officer to immediately and completely revoke a clerk's delegated authority to operate an election at any time.

     [(b)] (c)  The chief election officer shall be responsible for the maximization of registration of eligible electors throughout the State.  In maximizing registration, the chief election officer shall make an effort to equalize registration between districts, with particular effort in those districts in which the chief election officer determines registration is lower than desirable.  The chief election officer, in carrying out this function, may make surveys, carry on house-to-house canvassing, and assist or direct the clerk in any other area of registration.

     [(c)] (d)  The chief election officer shall maintain data concerning registered voters, elections, apportionment, and districting.  The chief election officer shall use this data to assist the reapportionment commission provided for under Article IV of the Constitution.

     [(d)] (e)  The chief election officer shall be responsible for public education with respect to voter registration and information.

     (f)  The chief election officer shall, in preparation for elections, implement the use of a simple and unambiguous checklist of required duties, to be utilized by all monitors of the election.

     [(e)] (g)  The chief election officer shall adopt rules governing elections in accordance with chapter 91."

     SECTION 5.  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)  Advise the chief election officer on matters relating to elections[.]; and

     (6)  Maintain active oversight of the chief election officer."

     SECTION 6.  Section 11-8.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-8.5[]]  Elections review program.  (a)  The elections commission shall develop and implement an elections review program [to:] that shall:

     (1)  Review the operation and performance of elections;

     (2)  Make recommendations to the chief election officer on methods to improve elections;

     (3)  Establish policies for the administration of an elections observer program, to include ensuring the validity and reliability of election results;

     (4)  Conduct a biennial evaluation of the operation of  elections[;], which shall include, among other matters, summaries of the commission's observations of the office of elections;

     (5)  Submit [the findings and recommendations from the biennial evaluation] to the legislature[,]:

          (A)  [not] Not less than twenty days prior to the convening of each regular session held in odd-numbered years[;], the findings and recommendations from the biennial evaluation; and

          (B)  Not less than twenty days prior to the convening of each regular session, information on the status of any pending adoption of or amendments to the administrative rules described in paragraph (6); and

     (6)  Before July 1, 2014, [Adopt] adopt rules in accordance with chapter 91 to carry out the purposes of this section.

     (b)  The chief election officer shall comply with all reasonable requests for assistance from the commission that are useful or necessary for the commission's compliance with the requirements of this section."

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 9.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:	_____________________________
	_____________________________

 

Report Title:

Elections; Elections Commission; Chief Election Officer

 

Description:

Expands the responsibilities of the elections commission to more closely monitor the chief election officer.  Clarifies the duties of the chief election officer in monitoring elections.

 

 

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