STAND. COM. REP. NO. 700

Honolulu, Hawaii

, 2005

RE: H.B. No. 461

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 461 entitled:

"A BILL FOR AN ACT RELATING TO ELECTION HEARINGS,"

begs leave to report as follows:

The purpose of this bill is to allow the Chief Election Officer (Officer) to:

(1) Establish procedures for receiving and processing complaints and conducting investigations;

(2) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the Officer reasonably believes may be able to give information relating to a matter under investigation;

(3) Compel any person to produce any books, documents, or other objects designated or any other records maintained that the Officer reasonably believes may relate to a matter under investigation; and

(4) Bring suit in an appropriate state court to enforce these powers.

The Office of Elections supported this bill. The League of Women Voters of Hawaii supported the intent of this bill. The Governor opposed this measure.

Your Committee has amended this measure by:

(1) Clarifying that the Officer may establish procedures and rules for receiving and processing complaints and conducting investigations;

(2) Changing the effective date to January 1, 2020, to promote further discussion; and

(3) Making technical, nonsubstantive amendments for clarity, style, and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 461, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 461, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair