REPORT TITLE:
Elections; Panel


DESCRIPTION:
Makes the office of elections and the elections appointment panel
permanent; requires the panel to create an elections review
program to establish performance standards for, and to conduct
biennial performance evaluations of, the operation of elections
and the performance the chief election officer. (HB1471 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1471
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT
RELATING TO ELECTIONS.



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

 1      SECTION 1.  The purpose of this Act is to make the office of
 
 2 elections and the elections appointment panel permanent.  This
 
 3 Act also renames the elections appointment panel as the elections
 
 4 appointment and review panel.  In addition, this Act requires
 
 5 that panel to establish an elections review program to:
 
 6      (1)  Establish performance standards for, and conduct
 
 7           biennial performance evaluations of, the operation of
 
 8           elections, and the performance of the chief election
 
 9           officer pursuant to article IV, section 3 of the State
 
10           Constitution; and
 
11      (2)  Review the operation of elections and the performance
 
12           of the chief election officer, including complaints
 
13           filed against the same, and make recommendations to the
 
14           chief election officer on methods to improve the
 
15           operation of elections and the chief election officer's
 
16           performance.
 
17      SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended
 
18 by adding a new section to be appropriately designated and to
 
19 read as follows:
 

 
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 1      "�11-     Elections review program.  The elections
 
 2 appointment and review panel shall develop and implement an
 
 3 elections review program, the purposes of which shall be to:
 
 4      (1)  Establish performance standards for the operation of
 
 5           elections and the performance of the chief election
 
 6           officer.  The performance standards shall provide the
 
 7           criteria by which the operation of elections and the
 
 8           performance of the chief election officer will be
 
 9           evaluated;
 
10      (2)  Review the operation of elections and the performance
 
11           of the chief election officer;
 
12      (3)  Make recommendations to the chief election officer on
 
13           methods to improve the operation of elections;
 
14      (4)  Establish policies for the administration of an
 
15           elections observer program, to include ensuring the
 
16           validity and reliability of election results;
 
17      (5)  Conduct a biennial performance evaluation of the
 
18           operation of elections and the performance of the chief
 
19           election officer;
 
20      (6)  Submit the findings and recommendations from the
 
21           biennial performance evaluation to the legislature, not
 
22           less than twenty days prior to the convening of each
 
23           regular session held in odd-numbered years; and
 

 
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 1      (7)  Adopt rules in accordance with chapter 91 to carry out
 
 2           the purposes of this section."
 
 3                              PART I
 
 4      SECTION 3.  Section 15 of Act 27, Special Session Laws of
 
 5 Hawaii 1995, as amended by Act 13, Session Laws of Hawaii 1996,
 
 6 is amended to read as follows:
 
 7      "SECTION 15.  This Act shall take effect on July 1, 1995[;
 
 8 provided that on June 30, 1999, this Act shall be repealed and
 
 9 sections 11-1, 11-2, 11-5, 11-191, 11-194, 11-195, 11-216, 12-8,
 
10 and 26-1, Hawaii Revised Statutes, shall be reenacted in the form
 
11 in which they read on the day before the effective date of this
 
12 Act]."
 
13                              PART II
 
14      SECTION 4.  Section 11-1, Hawaii Revised Statutes, is
 
15 amended by amending the definition of "chief election officer" to
 
16 read as follows:
 
17      ""Chief election officer", the individual appointed by the
 
18 elections appointment and review panel pursuant to section 11-1.6
 
19 to supervise state elections."
 
20      SECTION 5.  Section 11-1.5, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]�11-1.5[]]  Office of elections established. (a) There
 
23 is established an office of elections to provide support to the
 

 
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 1 chief election officer.  The office shall be attached to the
 
 2 office of the lieutenant governor for purposes of administration.
 
 3 The chief election officer shall be the administrator of the
 
 4 office of elections.  Except for exercising the right to vote,
 
 5 the full-time employees of the office of elections shall not
 
 6 support, advocate, or aid in the election or defeat of any
 
 7 candidate for public office.
 
 8      (b)  The office of elections shall provide staff support to
 
 9 the elections appointment and review panel, as requested by the
 
10 panel."
 
11      SECTION 6.  Section 11-1.6, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.  By amending subsections (a) and (b) to read:
 
14      "(a)  The chief election officer shall be appointed by the
 
15 elections appointment and review panel, without regard to
 
16 chapters 76 and 77.  [The elections appointment panel shall
 
17 select and appoint the chief election officer in an odd-numbered
 
18 year.]  The appointment shall not be subject to the advice and
 
19 consent of the senate.  In the event of a vacancy, the panel
 
20 shall meet expeditiously to select and appoint a new chief
 
21 election officer to serve the remainder of the unexpired term.
 
22      (b)  The person [so] appointed to be chief election officer
 
23 shall be a citizen of the United States, a resident of the State,
 
24 and a registered voter of the State."
 

 
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 1      2.  By amending subsection (f) to read:
 
 2      "(f)  The chief election officer may [be reappointed by]
 
 3 petition the panel[.] for reappointment.  The panel may reappoint
 
 4 an incumbent chief election officer based on the performance
 
 5 evaluation of the chief election officer conducted by the panel.
 
 6 The [chief election officer] panel may authorize the chief
 
 7 election officer to hold office until a successor is appointed."
 
 8                             PART III
 
 9      SECTION 7.  Section 11-2.5, Hawaii Revised Statutes, is
 
10 amended as follows:
 
11      1.  By amending its title and subsections (a) to (d) to
 
12 read:
 
13      "[[]�11-2.5[]]  Elections appointment and review panel
 
14 established; composition; term; removal; operations.(a)
 
15 [There] Notwithstanding any law to the contrary, there is
 
16 established an elections appointment and review panel, consisting
 
17 of five members who shall [be assembled every four years
 
18 beginning July 1, 1995, whose sole purpose is to] select and
 
19 appoint the chief election officer[.]; review the operation of
 
20 elections; evaluate the performance of the chief election officer
 
21 as required by section 11-   ; and perform such other duties as
 
22 may be required by law.
 

 
 
 
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 1      (b)  The [governor shall appoint the five] members of the
 
 2 elections appointment and review panel[.  Four of the five
 
 3 members] shall be [selected from lists, each consisting of five
 
 4 nominees, submitted by the following] appointed as follows:
 
 5      (1)  [The] One member to be appointed by the president of
 
 6           the senate;
 
 7      (2)  [The] One member to be appointed by the speaker of the
 
 8           house of representatives;
 
 9      [3)  The members of the senate belonging to the party or
 
10           parties different from that of the president of the
 
11           senate; and
 
12      (4)  The members of the house of representatives belonging
 
13           to the party or parties different from that of the
 
14           speaker of the house of representatives.
 
15 The governor shall select one person from each of these four
 
16 lists.  The fifth member shall be]
 
17      (3)  One member to be appointed by the minority leader of
 
18           the senate;
 
19      (4)  One member to be appointed by the minority leader of
 
20           the house of representatives; and
 
21      (5)  One member to be selected with the governor's complete
 
22           discretion.
 
23 The appointments shall not require the advice and consent of the
 
24 senate.
 

 
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 1      (c)  The term of each member shall be [four] six years[.];
 
 2 provided that:
 
 3      (1)  The first term for the members appointed by the
 
 4 president of the senate, the minority leader of the house of
 
 5 representatives, and the governor, shall be six years and shall
 
 6 commence upon the appointment of the first member to the
 
 7 elections appointment and review panel and shall expire six years
 
 8 from that date, and 
 
 9      (2)  The first term of the remaining members shall be four
 
10 years and shall commence upon the appointment of the first member
 
11 to the elections appointment and review panel and shall expire
 
12 four years from that date.
 
13 No person shall be appointed consecutively to more than two terms
 
14 as a member of the panel.  Vacancies shall be filled for the
 
15 remainder of any unexpired term in the same manner as the
 
16 original appointment.  Any member of the panel whose term has
 
17 expired and who is not disqualified for membership may continue
 
18 in office as a holdover member until a successor is appointed;
 
19 provided that a holdover member shall not hold office for more
 
20 than six months after expiration of the member's term of office.
 
21      (d)  The governor may remove or suspend any member of the
 
22 panel[,] for cause, upon the filing of a written finding with the
 
23 panel and upon service of a copy of the written finding on the
 

 
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 1 member removed or suspended[.]; provided that any vacancy due to
 
 2 removal or suspension shall be filled by the respective
 
 3 appointing authority established in subsection (b)."
 
 4      2.  By amending subsection (h) to read:
 
 5      "(h)  The elections appointment and review panel shall be
 
 6 attached to the office of the lieutenant governor for purposes of
 
 7 administration."
 
 8      SECTION 8.  Section 11-2.6, Hawaii Revised Statutes, is
 
 9 amended as follows:
 
10      1.  By amending its title to read:
 
11      "[[]�11-2.6[]]  Elections appointment and review panel;
 
12 political activities."
 
13      2.  By amending subsection (b) to read:
 
14      "(b)  Each panel member shall retain the right to:
 
15      (1)  Register and vote as the panel member chooses in any
 
16           election;
 
17      (2)  Participate in the nonpartisan activities of a civic,
 
18           community, social, labor, or professional organization,
 
19           or of a similar organization;
 
20      (3)  Be a member of a political party or other political
 
21           organization and participate in its activities to the
 
22           extent consistent with law;
 

 
 
 
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 1      (4)  Make a financial contribution to a political party or
 
 2           organization;
 
 3      (5)  Serve as an election judge or clerk or in a similar
 
 4           position to perform nonpartisan election duties as
 
 5           prescribed by law; and
 
 6      (6)  Otherwise participate fully in public affairs, except
 
 7           as prohibited by law, in a manner which does not
 
 8           materially compromise the panel member's efficiency or
 
 9           integrity as a panel member or the neutrality,
 
10           efficiency, or integrity of the elections appointment
 
11           and review panel."
 
12      SECTION 9.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 10.  This Act shall take effect on June 29, 1999.