HB541.DOC

SECTION 1. Chapter 84, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . POLITICAL ACTIVITY

§84-A Definitions. As used in this part, unless the context otherwise requires:

"Agency" means an agency of state government.

"Contribution" means any gift, subscription, loan, advance, deposit of money, allotment of money, or anything of value given or transferred by one person to another, in cash, by check, by draft, through a payroll deduction or allotment plan, or by pledge or promise.

"Election" means any primary, special, or general election held in this State.

"Employee":

(1) Means an employee who occupies a position in state government and who is entitled to receive benefits under chapters 78, 79, 87, and 88;

(2) Does not include elected officials.

"Employer" or "employing authority" means the immediate employing agency head, agency principals, or an employee's supervisor.

"Nonpartisan election" means:

(1) An election in which none of the candidates is nominated or elected as representing a political party; or

(2) An election involving a question or ballot issue that is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a county ordinance, or any question or issue of a similar character.

"Partisan" refers to a political party when used as an adjective.

"Political fund" means any fund, organization, political action committee, or other entity that, for purposes of influencing in any way the outcome of any partisan election, receives or expends money or anything of value or transfers money or anything of value to any other fund, political party, candidate, organization, political action committee, or other entity.

"Political party" means a national political party, a state political party, or an affiliated organization.

"Workplace" means any place, site, installation, building, room, or facility in which any state agency conducts official business, including office buildings, parks, airports, harbors, vehicles, and aircraft or vessels.

§84-B Influencing elections; participation in political campaigns; prohibited activities. (a) No employee shall:

(1) Use the employee's official authority or influence for the purpose of interfering with or affecting the result of an election; or

(2) Take an active part in political management or in political campaigns.

(b) For the purpose of this subsection, the phrase "an active part in political management or in political campaigns" includes:

(1) Serving as an officer of a political party, a member of a national, state, or local committee of a political party, an officer or member of a committee of a partisan political club, or being a candidate for any of these positions;

(2) Organizing or reorganizing a political party organization or political club;

(3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for a partisan political purpose;

(4) Organizing a fundraising activity of a candidate in a partisan election or of a political party, or political club;

(5) Taking an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office;

(6) Becoming a candidate for, or campaigning for, an elective public office in a partisan election;

(7) Soliciting votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for political party office;

(8) Acting as recorder, watcher, challenger, or similar officer at the polls on behalf of a political party or a candidate in a partisan election;

(9) Driving voters to the polls on behalf of a political party or a candidate in a partisan election;

(10) Endorsing or opposing a candidate for public office in a partisan election or a candidate for political party office in a political advertisement, a broadcast, campaign, literature, or similar material;

(11) Serving as a delegate, alternate, or proxy to a political party convention;

(12) Addressing a convention, caucus, rally, or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office;

(13) Initiating or circulating a partisan nominating petition;

(14) Soliciting, collecting, or receiving a contribution at or in the workplace from any employee for any political party, political fund, or other partisan recipient;

(15) Paying a contribution at or in the workplace to any employee who is the employer or employing authority of the person making the contribution for any political party, political fund, or other partisan recipient; and

(16) Soliciting, paying, collecting, or receiving a contribution at or in the workplace from any employee for any political party, political fund, or other partisan recipient.

§84-C Permissible political activities. (a) All employees are free to engage in political activity to the broadest extent consistent with the restrictions imposed by law and this part. Each employee shall retain the right to:

(1) Register and vote as the employee chooses in any election;

(2) Express a personal opinion privately and publicly on political subjects and candidates;

(3) Display a political picture, sticker, badge, or button;

(4) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;

(5) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;

(6) Attend a political convention, rally, fundraising function or other political gathering;

(7) Sign a political petition as an individual;

(8) Make a financial contribution to a political party or organization;

(9) Take an active part, as a candidate or in support of a candidate, in a nonpartisan election;

(10) Be politically active in connection with a question that is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a county ordinance, or any other question or issue of a similar character;

(11) Serve as an election judge or clerk or in a similar position to perform nonpartisan election duties as prescribed by law; and

(12) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the employee's efficiency or integrity as an employee of the agency or the neutrality, efficiency, or integrity of the employee's agency.

(b) Subsection (a) does not authorize an employee to engage in political activity in violation of law, while on duty, or while in a uniform that identifies the employee as an employee of the agency. The head of an agency may prohibit or limit the participation of an employee or class of employees of the agency in an activity permitted by subsection (a) if participation in the activity would interfere with the efficient performance of official duties, or create a conflict or apparent conflict of interest.

§84-D Penalty. Any employee who violates any provision in this part shall be removed from service and funds appropriated for the position from which the employee is removed may not be used to pay the employee. If the employee is a civil service employee, the employee shall be entitled to an appeal as provided under section 76-47 and if the civil service commission finds by unanimous vote that the violation does not warrant removal, a penalty of not less than thirty days suspension without pay shall be imposed by direction of the commission."

SECTION 2. In codifying the new part and sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate part and section numbers for the letters used in designating the new part and sections in this Act.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	541
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII