HB2365

SECTION 1. Section 11-1.6, Hawaii Revised Statutes, is amended to read as follows:

"§11-1.6 [~~Appointment~~] Election of the chief election officer; requirements; term; restrictions; salary; [~~reappointment; removal~~] vacancy. (a) [The chief election officer shall be appointed by the elections commission, without regard to chapter 76. The appointment shall not be subject to the advice and consent of the senate. In the event of a vacancy, the elections commission shall meet expeditiously to select and appoint a new chief election officer to serve the remainder of the unexpired term.] Beginning in the 2030 general election, the chief election officer shall be elected from among nonpartisan candidates by the qualified voters of this State at a general election. The person receiving the highest number of votes shall be the chief election officer.

(b) The person [~~appointed~~] elected to be chief election officer shall be a citizen of the United States, a resident of the State, and a registered voter of the State.

(c) The chief election officer shall serve for a term of four years. The term shall begin on February 1 following the [~~appointment~~] election.

(d) The chief election officer shall devote full time to the duties of the office and shall hold no other public office during the individual's term of office. Except for exercising the right to vote, the individual shall not support, advocate, or aid in the election or defeat of any candidate for public office. The chief election officer shall refrain from financial and business dealings that tend to reflect adversely on the individual's impartiality, interfere with the proper performance of election duties, or exploit the individual's position. Subject to the requirements above, the individual may hold and manage investments, including real estate, and engage in other remunerative activity, but shall not serve as an officer, director, manager, advisor, or employee of any business.

(e) The chief election officer shall be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development.

(f) [The chief election officer may petition the elections commission for reappointment. The elections commission may reappoint an incumbent chief election officer based on the performance of the chief election officer. The elections commission may authorize the chief election officer to hold office until a successor is appointed.] In the event of a vacancy, the governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the election commission. The election commission shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy. All appointments made by the governor under this section shall be made without consideration of the appointee's party preference or nonpartisanship.

[~~(g) The chief election officer is an at-will employee. The elections commission shall provide written notification of any removal and state the reason for the removal.~~]"

SECTION 2. 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, provided that the lieutenant governor shall preside over the election for chief election officer. The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county or to other specified persons.

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

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

SECTION 3. Section 11-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-7[]] Elections commission. (a) There [is] shall be established an elections commission within the department of accounting and general services for administrative purposes. The elections commission shall consist of nine members who shall be [~~selected as follows:~~] nominated, and subsequently confirmed by the appointing body, as follows:

(1) The president of the senate shall [~~select~~] nominate two elections commission members;

(2) The speaker of the house of representatives shall [~~select~~] nominate two elections commission members;

(3) The senators belonging to a party or parties different from the president of the senate shall designate one senator to [~~select~~] nominate two elections commission members;

(4) The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate one representative to [~~select~~] nominate two elections commission members; and

(5) One member, who shall serve as chairperson of the elections commission, shall be [~~selected~~] nominated by [~~the~~] a vote of two-thirds of all members [of] to which the elections commission [~~selected~~] is entitled and who have already been nominated and confirmed pursuant to paragraphs (1) to (4);

provided that each group of four elections commission members [~~selected~~] nominated by each house shall include one elections commission member from each of the four counties.

[~~(b) The chairperson of the elections commission under subsection (a)(5) shall be selected by a two-thirds vote.~~]

(b) The appointing body shall consist of the chief justice of the supreme court, president of the senate, speaker of the house of representatives, senate minority leader, and house minority leader. The appointing body shall convene to confirm any nominee within fifteen days of the nomination. Confirmation shall require a majority vote of the members of the appointing body. If the nominee fails to pass confirmation by the appointing body, the nominating individual shall make a new nomination within fifteen days.

(c) A vacancy in the elections commission shall be filled in the same manner as the original [~~appointment~~] nomination process as specified in subsection (a) within fifteen days and confirmed by the appointing body as specified in subsection (b) within thirty days. A vacancy in the elections commission shall be filled with a person from the same county as the departing elections commission member. Elections commission member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.

(d) The elections commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law. A majority of all members to which the commission is entitled shall constitute a quorum to do business.

(e) Notwithstanding section 26-34, elections commission member appointments shall not be subject to senatorial confirmation.

(f) The term of the elections commissioners shall be four years, except that with respect to the terms of the initial elections commission members, one member selected from each of subsection (a)(1) to (4) shall serve for a term of two years.

(g) The elections commissioners shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties."

SECTION 4. 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;

(5) Conduct a performance evaluation of the chief election officer within two months after the date a general election is certified;

(6) Hold a public hearing on the performance of the chief election officer [~~and consider the information gathered at the hearing in deliberations on the chief election officer's reappointment~~]; and

(7) Advise the chief election officer on matters relating to elections."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. 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 7. This Act shall take effect on July 1, 2029.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2365
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII