GOP RECALL BIDS FAIL AGAIN

House Democrats today rejected two recalled bills by Republicans in large part because those issues are already moving through the Legislature in other House bills, said Rep. Marcus Oshiro, Majority Leader. It was the Republicans' sixth and seventh unsuccessful attempts at recalling bills out of committee.

During today's floor session, Republicans first recalled House Bill 264 from the Judiciary & Hawaiian Affairs Committee. The bill would require posting of unofficial voting results at each precinct, require an automatic recount in close races, and remove the requirement that precinct chairs be of the same party as the sitting governor. Democrats argued the bill was unnecessary.

Rep. Eric Hamakawa, Judiciary Chair, pointed out that another measure addressing these issues, H. B. 168, passed both the Judiciary and Finance committees without a negative vote and was passed by the full House on third reading today. H.B. 168 calls for a task force to study these exact issues and make recommendations to improve the system.

In the debate on H.B. 264, Rep. Marilyn Lee, Majority Floor Leader, said, "Posting unofficial tallies could easily lead to confusion (and) delay the time when ballots could be transferred to the central location where the official count takes place."

Rep. Willie Espero, a Democrat from Ewa Beach, said that even though polls in Hawaii close at 6:00 p.m., there are usually plenty of people still waiting in line to vote. He questioned the fairness for people who are waiting to vote perhaps overhearing radio reports giving "unofficial" results from other precincts.

On the issue of automatic recount, Lee said Florida's experience showed that "a recount doesn't accomplish anything" except to prove without question that hand recounts are "notoriously inaccurate." Hawaii's current system provides for an objective, unbiased review by the courts in contested situations.

As far as changing the requirement for precinct chairs, Lee said it's no longer necessary. "With all of the safeguards in place today to ensure a valid election, the fact that the chairperson is supposed to be a member of the Governor's party is no more than ceremonial and need not be changed."

In the 2000 elections, Lee said, out of the 3,500 precinct officials statewide, Democrats provided 200, Republicans provided 800, with the rest coming from outside the two parties. Republicans also did not contest the fact that members of their party actually chaired many of the precincts, current laws notwithstanding.

After H.B. 264 failed, Republicans then recalled another bill they authored, H.B. 265, which addresses campaign contributions and government contracts. In arguing against the bill, Democrats questioned the bill's constitutionality. Vice Speaker Rep. Sylvia Luke said the bill contained "fatal flaws" such as references to non-existent statutes.

Hamakawa cited from Hawaii Republican Party chair Linda Lingle, whose earlier testimony on a similar bill, H.B. 170, included the following: "We are wasting taxpayer time and money introducing legislation that is, on its face, blatantly unconstitutional. At a time when legislators should be focused on improving schools, reforming civil service and diversifying the economy … It is my recommendation … that you spend your time and efforts working for the public's interest instead of your own interests."

However, House Republicans were undeterred by the statement and voted in unison in favor of the bill.

H.B. 265 would prohibit persons making an expenditure or contribution to any candidate committee or political party from obtaining a contract from the State or county for one year. The measure extends the prohibition to immediate family members.

Oshiro implored House members to think very carefully about what the measure would mean in practice. "If you give $10 to the Green Party, that means you cannot contract with any agency -- the Office of Hawaiian Affairs, Kauai County, the City & County of Honolulu, or the State of Hawaii. Is this what we really want to do?" he asked.

The bill was ultimately defeated. Oshiro said members of the Minority should consult with the various chairs with respect to recall. "In this instance, Rep. Hamakawa was already working on an amendment to H.B. 170 that seeks to incorporate much of their concerns in a way that meets constitutional requirements. We could have avoided wasting a lot of time on this."

Immediately after the floor session, House Republicans wrote Rep. Ken Ito, chair of the Education Committee, requesting a hearing on one bill and announcing they plan to recall two other bills tomorrow.

#####