THE SENATE                           S.R. NO.              12
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                    SENATE  RESOLUTION

  ESTABLISHMENT OF A SENATE INVESTIGATING COMMITTEE TO
    INVESTIGATE THE OFFICE OF ELECTIONS AND THE 1998 ELECTION
    RESULTS. 


 1        WHEREAS, the public confidence and trust in the voting
 2   process and the equality of each person's vote are the
 3   cornerstone of our democratic system; and
 4   
 5        WHEREAS, serious questions and concerns have been raised
 6   in regards to the integrity of the election process in both the
 7   1998 primary and general elections; and
 8   
 9        WHEREAS, a decision to change the voting methodology was
10   made approximately two months prior to the primary election;
11   and
12   
13        WHEREAS, Democratic Party of Hawaii v. Elections Office of
14   the State of Hawaii, Supreme Court (Hawaii) No. 22069
15   (January 19, 1999), has revealed disturbing facts concerning
16   the election process and the electronic tally system utilized
17   in both the primary and general elections; and
18   
19        WHEREAS, statements were made during the course of the
20   case and the subsequent Court ordered manual vote counting that
21   contradict each other; and
22   
23        WHEREAS, the electronic tally result of the November 3,
24   1998, election for state representative in the 44th State House
25   District was tested against a court-ordered manual tally
26   conducted by an audit team; and
27   
28        WHEREAS, the court-ordered manual count of the election
29   result of a single precinct (Precinct 1) in District 44, by the
30   Office of Elections' Manual Audit Team, produced an overvote
31   result of 7, that varied significantly from the 157 overvotes
32   generated by the electronic tally machine; and
33   
34        WHEREAS, Election Systems and Software, a private company
35   contracted by the Office of Elections, was not able to
36   specifically determine the cause of the machine malfunction;
37   now, therefore,
38   

 
Page 2                                                     
                                  S.R. NO.              12
                                                        
                                                        

 
 1        BE IT RESOLVED by the Senate of the Twentieth Legislature
 2   of the State of Hawaii, Regular Session of 1999, that:
 3   
 4        (1)  The Senate hereby establish an investigative
 5             committee pursuant to chapter 21, Hawaii Revised
 6             Statutes, to investigate the Office of Elections of
 7             the State of Hawaii and the integrity of the 1998
 8             election results;
 9   
10        (2)  The purpose and the duties of the investigative
11             committee and the subject matter and scope of its
12             investigatory authority shall be to investigate,
13             gather information, and make recommendations to the
14             Senate concerning any matter relating to the Office
15             of Elections and the 1998 Election, including without
16             limitation the election process and the electronic
17             tally system, as necessary to ensure the integrity of
18             the election results;
19   
20        (3)  The investigative committee shall have every power
21             and function allowed to an investigating committee by
22             law, including without limitation the power to:
23   
24             (A)  Adopt rules for the conduct of its proceedings;
25   
26             (B)  Issue subpoenas requiring the attendance and
27                  testimony of witnesses and subpoenas duces tecum
28                  requiring the production of books, documents,
29                  records, papers, or other evidence in any matter
30                  pending before the Committee;
31   
32             (C)  Hold hearings appropriate for the performance of
33                  its duties, at such times and places as the
34                  Committee determines;
35   
36             (D)  Administer oaths and affirmations to witnesses
37                  at hearings of the Committee;
38   
39             (E)  Report or certify instances of contempt as
40                  provided in Section 21-14 of the Hawaii Revised
41                  Statutes;
42   
43             (F)  Employ professional, technical, clerical, or
44                  other staff and expend such funds appropriated
45                  for Senate operating expenses for 1999 as
46                  necessary for the proper performance of its

 
Page 3                                                     
                                  S.R. NO.              12
                                                        
                                                        

 
 1                  duties;
 2   
 3             (G)  Exercise all other powers specified under
 4                  Chapter 21 of the Hawaii Revised Statutes with
 5                  respect to investigating committees;
 6   
 7        (4)  The investigative committee shall be appointed by the
 8             Senate President and consist of four members, one of
 9             whom shall be appointed by the Senate President to
10             serve as the committee chair;
11   
12        (5)  The investigative committee shall provide by rule for
13             the submission, by a witness's own counsel and
14             counsel for another individual or entity about whom
15             the witness has devoted substantial or important
16             portions of the witness's testimony, of written
17             questions to be asked of the witness by the Chair;
18   
19        (6)  The investigative committee shall provide by rule for
20             the submission of proposed questions at a hearing in
21             accordance with Section 21-11(b), Hawaii Revised
22             Statutes;
23   
24        (7)  The investigative committee shall provide by rule
25             that each witness intended to be called be given ten
26             days notice of (A) the date and time of the witness's
27             appearance, (B) a short plain statement of the areas
28             to be inquired into with respect to that witness's
29             anticipated testimony, and (C) a list of or copies of
30             the principal documents about which that witness may
31             be questioned; provided that these requirements shall
32             not limit the investigative committee's discretion to
33             inquire into related matters.  The rule may provide
34             that the Chair may waive the ten days notice if the
35             witness so agrees;
36   
37        (8)  The investigative committee shall provide by rule
38             that a draft report of the investigative committee's
39             findings and/or conclusions concerning any matter
40             which is the subject of its hearings shall be made
41             available to all those entities or persons who were
42             the subjects of or who were witnesses who testified
43             at any hearing.  Any person or entity to whom a draft
44             report is made available shall be given a period of
45             no less than fourteen days within which to make
46             written responses to the draft findings and/or

 
Page 4                                                     
                                  S.R. NO.              12
                                                        
                                                        

 
 1             conclusions.  The written responses, if any, shall be
 2             included as an appendix to the final report of the
 3             investigative committee;
 4   
 5        (9)  The investigative committee is authorized to exercise
 6             its powers continuously throughout the 1999 Regular
 7             Session, the interim between the 1999 and 2000
 8             Regular Sessions, and shall thereafter be dissolved
 9             unless further extended by the Senate;
10   
11   and
12   
13        BE IT FURTHER RESOLVED that the Senate President, from
14   time to time, may refer to the investigative committee specific
15   matters that are within the scope of the committee's
16   jurisdiction, and that the committee shall work in cooperation
17   with the President for the purposes stated in this Resolution;
18   and
19   
20        BE IT FURTHER RESOLVED that the investigative committee
21   shall submit its written findings and recommendations to the
22   Legislature twenty days prior to the convening of the Regular
23   Session of 2000; and
24   
25        BE IT FURTHER RESOLVED that certified copies of this
26   Resolution be transmitted to the President of the Senate,
27   Lieutenant Governor, and Chief Election Officer of the Office
28   of Elections.
29 
30 
31 
32                         OFFERED BY:  ____________________________