STAND. COM. REP. NO. 2806

Honolulu, Hawaii

RE: S.B. No. 2143

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2143 entitled:

"A BILL FOR AN ACT RELATING TO THE CHIEF ELECTION OFFICER,"

begs leave to report as follows:

The purpose and intent of this measure is to provide that, in the event of a vacancy in the position of Chief Election Officer, the Attorney General shall serve as the Interim Chief Election Officer until the Elections Commission appoints a new Chief Election Officer.

Your Committee received testimony in support of this measure from the Hawaiʻi State LGBTQ+ Commission, Democratic Party of Hawaiʻi, Pride at Work Hawaiʻi, League of Women Voters of Hawaii, Indivisible Hawaiʻi, Hawaiʻi Alliance for Progressive Action, HOKU PAC, Green Party of Hawaiʻi, Hawaii State AFL-CIO, and eighty-seven individuals.

Your Committee received testimony in opposition to this measure from the Department of the Attorney General, Hawaiian Islands Republican Women, and thirteen individuals.

Your Committee finds that election integrity is being challenged nationwide. To protect the integrity of the State's electoral process, it is necessary to ensure that there are no gaps in leadership or uncertainty in authority. However, existing law does not provide a designated successor to the Chief Election Officer in the event of a vacancy in that position. This measure will establish a clear chain of authority to ensure that the State's democratic processes will continue without disruption in the event of an unexpected vacancy in the Chief Election Officer position.

Your Committee notes the concern raised by the Department of the Attorney General that requiring the Attorney General to serve as the Interim Chief Election Officer would create substantial conflict-of-interest risks that could become the basis for election-related challenges because the Chief Election Officer administers elections and makes discretionary decisions that can become contested in administrative proceedings or litigation. Therefore, amendments to this measure are necessary to address this concern.

Your Committee has amended this measure by:

(1) Deleting language that would have required the Attorney General, in the event of a vacancy in the Chief Election Officer position, to serve in the position of Interim Chief Election Officer until the Elections Commission appoints a new Chief Election Officer; and

(2) Inserting language to establish an order of succession for certain positions within the Office of Elections to serve as the Interim Chief Election Officer until the Elections Commission appoints a new Chief Election Officer.

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. 2143, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2143, S.D. 1, 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