Report Title:

Election Hearings

Description:

Allows the chief election officer to process complaints and conduct investigations; allows chief election officer to subpoena witnesses for investigations. (HB461 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

461

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO ELECTION HEARINGS.

 

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

SECTION 1. Section 11-2, Hawaii Revised Statutes, is amended to read as follows:

"§11-2 Chief election officer; duties. (a) The chief election officer shall supervise all state elections. The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county or to other specified persons.

(b) The chief election officer may establish procedures and rules for receiving and processing complaints and conducting investigations.

(c) The chief election officer, subject to the privileges that witnesses have in the courts of this state, may issue a subpoena to:

(1) Compel at a specified time and place, the appearance and sworn testimony of any person who the chief election officer reasonably believes may be able to give information relating to a matter under investigation; and

(2) Compel any person to produce any books, papers, documents, or other objects designated therein or any other records maintained, including those electronically stored, that the chief election officer reasonably believes may relate to a matter under investigation.

The chief election officer may bring suit in an appropriate state court to enforce these powers.

[(b)] (d) The chief election officer shall be responsible for the maximization of registration of eligible electors throughout the State. In maximizing registration, the chief election officer shall make an effort to equalize registration between districts, with particular effort in those districts in which the chief election officer determines registration is lower than desirable. The chief election officer, in carrying out this function, may make surveys, carry on house-to-house canvassing, and assist or direct the clerk in any other area of registration.

[(c)] (e) The chief election officer shall maintain data concerning registered voters, elections, apportionment, and districting. The chief election officer shall use this data to assist the reapportionment commission provided for under [Article] article IV of the [Constitution.] state constitution.

[(d)] (f) The chief election officer shall be responsible for public education with respect to voter registration and information.

[(e)] (g) The chief election officer shall adopt rules governing elections in accordance with chapter 91."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 1, 2020.