Establishes a temporary task force to comprehensively review, evaluate, and recommend changes to Hawaii's election laws regarding vote counting, particularly consideration of automatic recount and contesting procedures, to ensure the integrity and certainty of the State's electoral process.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the presidential election of 2000 subjected the state of Florida's vote counting procedure to critical review by the nation, if not the world. The esoteric term "chad" is now forever in the domain of everyday language.

The controversy related to Florida's vote counting process in the last general election involved Florida's legislature, Florida's supreme court, and the United States Supreme Court. More than a month after election day, and after numerous legal skirmishes between the opposing parties, the United States Supreme Court forced the final resolution of the election. Foreign critics called this process "the most surreal American election of modern time" and "a bad day for American democracy."

Not surprisingly, questions about whether political motivations contributed to the final resolution of the presidential race have surfaced because of the way the state of Florida handled the election. The uncertainty of the means and procedures, and the lack of standards, to resolve the various conflicts only served to aggravate the process and render the final resolution questionable. The circumstantial collision in Florida of inconsistent news forecasting, electoral votes versus popular votes, and familial coincidence magnified the significance of a deficient process to count and contest votes.

The legislature finds that steps must be taken to ensure that a nationwide embarrassment of this kind will never be repeated. A thorough review of Hawaii's election process would be an appropriate starting point.

Accordingly, the purpose of this Act is to establish a task force to comprehensively review, evaluate, and recommend changes to Hawaii's election laws regarding vote tabulation, particularly consideration of automatic recount and contest procedures, to ensure the integrity and certainty of the State's electoral process.

SECTION 2. (a) There is established the elections review task force that shall be placed in the office of the lieutenant governor for administrative purposes to comprehensively review, evaluate, and recommend changes to Hawaii's election laws to ensure the integrity and certainty of the State's electoral process. The task force shall consider the following:

1. The adequacy of the law with respect to vote tabulation and contest procedures; and
2. The feasibility of implementing an automatic recount and improved contest procedure.

In conducting this study, the task force shall consider vote tabulation and contest procedures used or proposed for use in other states.

(b) The task force shall consist of nine members. The chief election officer, or designated representative, shall serve as the chair of the task force. The remaining members shall be representative of both major political parties and shall be appointed in the following manner:

1. Two members shall be appointed by the governor;
2. Three members shall be appointed by the president of the senate; and
3. Three members shall be appointed by the speaker of the house of representatives.

(c) The members of the task force shall serve without pay, but may be reimbursed for actual and necessary expenses incurred in carrying out their duties.

SECTION 3. The task force shall submit its study of Hawaii's election laws with it s findings and recommendations, including any proposed legislation, to the legislature not later than twenty days prior to the convening of the regular session of 2002.

SECTION 4. The task force shall terminate upon the adjournment of the regular session of 2002.

SECTION 5. This Act shall take effect upon its approval.