Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1603 entitled:

begs leave to report as follows:

The purpose of this measure is to provide civil penalties for violations of any rule adopted by the Chief Election Officer, and requires the Attorney General to prosecute cases upon the request of the Chief Election Officer.

Your Committee received testimony in support of this measure from two members of the Hawaii Pro-Democracy Initiative. The League of Women Voters of Hawaii supported the intent of the measure, and the Office of the Public Defender commented on the measure and suggested amendments. The Department of the Attorney General (AG) and the Office of Elections offered comments.

Your Committee finds that strict adherence to election laws fosters public trust in election results. Currently, the AG and the County Prosecutors share concurrent jurisdiction to prosecute violations of chapter 19, Hawaii Revised Statutes. Matters are investigated and the law enforcement official makes an independent determination as to whether the case should be prosecuted. Therefore, your Committee amended the bill by replacing the word "shall" with "may" in the section entitled "prosecution" to give the AG discretion to prosecute depending on the investigation results.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1603, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1603, S.D. 1, and be placed on the calendar for Third Reading.