STAND. COM. REP. NO. 694

Honolulu, Hawaii

RE: S.B. No. 635

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 635 entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow the Campaign Spending Commission to refer a complaint to the Attorney General or county prosecutor in addition to any administrative determination and without the requirement that the Commission believes the respondent has recklessly, knowingly, or intentionally committed a violation;

(2) Disqualify a person convicted of violating elections criminal prosecution laws from holding elective public office for ten years rather than four; and

(3) Repeal language stipulating that elections criminal prosecution law does not apply to any persons who has paid or agrees to pay fines related to report filing violations and advertisement violations prior to the commencement of the proceedings.

Your Committee received testimony in support of this measure from the Campaign Spending Commission and one individual.

Your Committee finds that under current law, the Campaign Spending Commission is required to refer a violation complaint for prosecution and wait to commence civil adjudication of the matter until the prosecutor has declined prosecution. Your Committee further finds that this process can be extremely time consuming, resulting in violation complaints being unresolved for much longer than necessary. This measure will increase the efficiency and the effectiveness of the administrative complaint process.

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 S.B. No. 635 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair