REPORT TITLE: 
Elections, precinct chair
DESCRIPTION:
Repeals requirement that the chair of the polling precinct be of
the same party as the governor.

 
HB HMIA 99-194-2
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1318       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE NONPARTISAN NATURE OF PRECINCT CHAIRS.



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


 1      SECTION 1.  The legislature finds that civic minded citizens
 
 2 who are willing to volunteer their time and energies to
 
 3 participate in the election process are rare.  There are
 
 4 thousands of good people who are qualified to chair and manage a
 
 5 polling precinct.
 
 6      Current law requires that the chairperson be of the same
 
 7 party as the governor.  This requirement is without any sound
 
 8 basis or rationale.  Current law not only discourages the
 
 9 participation of good citizens but perpetuates the appearance of
 
10 cronyism and the "old boy network".
 
11      The purpose of this Act is to repeal the requirement that
 
12 the chairperson of a polling precinct be of the same party as the
 
13 governor.  A person's political affiliation has no bearing on the
 
14 ability to serve as chairperson.  More importantly, by
 
15 eliminating this discriminatory provision, the state will
 
16 strengthen the perception that the election process will be
 
17 operated fairly and openly.
 
18      SECTION 2.  Section 11-72, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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 1      "§11-72  Precinct officials; submission of names and
 
 2 assignment; vacancies.(a)  All qualified political parties
 
 3 shall submit names for precinct officials to the chief election
 
 4 officer not later than 4:30 p.m. on the sixtieth day prior to the
 
 5 close of filing for any primary, special primary, or special
 
 6 election.  All precinct officials shall be able to read and write
 
 7 the English language.  If any party fails to submit the required
 
 8 names by the above deadline, or names sufficient to fill the
 
 9 positions to which it would be entitled, assignment of positions
 
10 to which the party would otherwise be entitled pursuant to
 
11 subsection (b), may be made without regard to party affiliation.
 
12      (b)  In assigning the precinct officials the following
 
13 criteria shall be followed:
 
14      (1)  The precinct officials shall be registered voters of
 
15           the precinct in which they serve; but if qualified
 
16           persons in the precinct or representative district are
 
17           not readily available to serve, they may be chosen from
 
18           without the precinct or representative district, or if
 
19           qualified persons either in or without the precinct or
 
20           representative district are not available to serve, the
 
21           chief election officer may designate precinct officials
 
22           who are not registered voters if the persons so
 
23           designated are otherwise qualified and shall have
 

 
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 1           attained the age of sixteen years on or before June 30,
 
 2           of the year of the election in which they are appointed
 
 3           to work.
 
 4      (2)  The chief election officer may designate more precinct
 
 5           officials than are needed in order to create a pool of
 
 6           qualified precinct officials who may be assigned to
 
 7           fill vacancies or to perform such duties as needed in
 
 8           any precinct.
 
 9      (3)  No parent, spouse, child, or sibling of a candidate
 
10           shall be eligible to serve as a precinct official in
 
11           any precinct in which votes may be cast for the
 
12           candidate; nor shall any candidate for any elective
 
13           office be eligible to serve as a precinct official in
 
14           the same election in which the person is a candidate.
 
15           No candidate who failed to be nominated in the primary
 
16           or special primary election shall be eligible to serve
 
17           as a precinct official in the general election next
 
18           following.
 
19      (4)  The chairperson of the precinct officials [shall be of
 
20           the same party as the governor and] shall be the first
 
21           named precinct official on the list prepared by the
 
22           chief election officer.  The remainder of the precinct
 
23           officials shall be apportioned as follows:
 

 
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 1           (A)  The total votes cast, except those cast for
 
 2                nonpartisan candidates, for all of the following
 
 3                offices which were on the ballot in the next
 
 4                preceding general election shall be divided into
 
 5                the total votes cast for all the candidates of
 
 6                each party for such offices:  president and vice-
 
 7                president, United States senator, United States
 
 8                representative, governor and lieutenant governor,
 
 9                state senator, and state representative.
 
10           (B)  In the event that a party's proportion of votes
 
11                cast exceeds fifty per cent, its share shall be
 
12                one-half of the precinct officials.  The remaining
 
13                one-half shall be divided among the remaining
 
14                parties in proportion to their respective total of
 
15                votes cast for the offices set forth in
 
16                subparagraph (A).
 
17           (C)  In the case of the above division resulting in
 
18                parties having fractional positions a whole
 
19                position shall go to the party with the larger
 
20                number of votes cast.
 
21           (D)  Newly qualified parties may be assigned up to ten
 
22                per cent of the total positions available at the
 
23                discretion of the chief election officer.
 

 
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 1      (c)  In the recruitment and placement of precinct officials,
 
 2 any or all of the requirements of subsection (b) may be waived by
 
 3 the chief election officer if it is determined that minority
 
 4 language assistance or other special needs warrant such waiver,
 
 5 except as provided in subsection (b)(3).
 
 6      (d)  In case of inability, failure, or refusal of any person
 
 7 so assigned to serve as a precinct official, the chief election
 
 8 officer shall appoint a person to fill the vacancy."
 
 9      SECTION 3.  Statutory material to be repealed is bracketed.  
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12                         INTRODUCED BY:___________________________
 
13 
 

 
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