THE SENATE	S.B. NO.	921
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to elections.

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

     SECTION 1.  Section 11-1, Hawaii Revised Statutes, is amended by deleting the definition of "chief election officer":

     [""Chief election officer", the individual appointed by the elections commission pursuant to section 11-1.6 to supervise state elections."]

     SECTION 2.  Section 11-5, Hawaii Revised Statutes, is amended to read as follows:

     "§11-5  Employees.  (a)  [Pursuant to section 11-1.55, the chief election officer] The lieutenant governor may employ a staff to support the supervision of elections with or without regard to chapter 76 at the discretion of the [chief election officer,] lieutenant governor and without regard to chapter 89 and section 28-8.3.  The [office of elections] staff may:

     (1)  Supervise state elections;

     (2)  Maximize registration of eligible voters throughout the State;

     (3)  Maintain data concerning registered voters, elections, apportionment, and districting; and

     (4)  Perform other duties as prescribed by law.

The [chief election officer] lieutenant governor or county clerk may employ precinct officials and other election employees as the [chief election officer] lieutenant governor or county clerk may find necessary, none of whom shall be subject to chapters 76 and 89.

     (b)  Notwithstanding chapters 103 and 103D, the [chief election officer] lieutenant governor may contract with community organizations, school booster clubs, and nonprofit organizations for the provision and compensation of precinct officials and other election related personnel, services, and activities; provided that to be eligible to enter into a contract, the organization or club shall have received a tax clearance certificate from the department of taxation and shall not be a political action committee or organized for a political purpose."

     SECTION 3.  Section 25-1, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The reapportionment commission shall be placed within the office of [elections] the lieutenant governor for administrative purposes only.

     (c)  In each regular session of the legislature that immediately precedes a reapportionment year, the [chief election officer] lieutenant governor shall request an appropriation that is separate from the office of [elections'] the lieutenant governor's operating budget and sufficient to enable the commission to carry out its duties, to be effective in the year in which the reapportionment commission is constituted."

     SECTION 4.  Section 26-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise provided by law, the lieutenant governor is designated the secretary of state for intergovernmental relations and shall perform the duties and functions heretofore exercised by the secretary of Hawaii.  The duties and functions shall include, but not be limited to, supervision of elections, recordation of all legislative and gubernatorial acts, certification of state documents, and maintenance of an official file of rules adopted by state departments as provided in chapter 91.  The lieutenant governor may employ staff as necessary without regard to chapter 76."

     SECTION 5.  Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

     (1)  By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;

     (2)  By any court or judicial or legislative office of the State; provided that if the attorney general is requested to provide representation to a court or judicial office by the chief justice or the chief justice's designee, or to a legislative office by the speaker of the house of representatives and the president of the senate jointly, and the attorney general declines to provide such representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial, or legislative office, subject to approval by the court, judicial, or legislative office;

     (3)  By the legislative reference bureau;

     (4)  By any compilation commission that may be constituted from time to time;

     (5)  By the real estate commission for any action involving the real estate recovery fund;

     (6)  By the contractors license board for any action involving the contractors recovery fund;

     (7)  By the office of Hawaiian affairs;

     (8)  By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;

     (9)  As grand jury counsel;

    (10)  By the Hawaiian home lands trust individual claims review panel;

    (11)  By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;

    (12)  By the auditor;

    (13)  By the office of ombudsman;

    (14)  By the insurance division;

    (15)  By the University of Hawaii;

    (16)  By the Kahoolawe island reserve commission;

    (17)  By the division of consumer advocacy;

   [(18) By the office of elections;

(19)] (18) By the campaign spending commission;

   [(20)] (19) By the Hawaii tourism authority, as provided in section 201B-2.5;

   [(21)] (20) By the division of financial institutions for any action involving the mortgage loan recovery fund; or

   [(22)] (21) By a department, in the event the attorney general, for reasons deemed by the attorney general to be good and sufficient, declines to employ or retain an attorney for a department; provided that the governor waives the provision of this section."

     SECTION 6.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

     (1)  Elected or appointed official;

     (2)  Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

     (3)  Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

     (4)  Secretary to top-level managerial and administrative personnel under paragraph (3);

     (5)  Individual concerned with confidential matters affecting employee-employer relations;

     (6)  Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

     (7)  Temporary employee of three months' duration or less;

     (8)  Employee of the executive office of the governor or a household employee at Washington Place;

     (9)  Employee of the executive office of the lieutenant governor;

    (10)  Employee of the executive office of the mayor;

    (11)  Staff of the legislative branch of the State;

    (12)  Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

    (13)  Any commissioned and enlisted personnel of the Hawaii national guard;

    (14)  Inmate, kokua, patient, ward, or student of a state institution;

    (15)  Student help;

    (16)  Staff of the Hawaii labor relations board; or

    (17)  Employees of the Hawaii national guard youth challenge academy[; or

(18) Employees of the office of elections.]."

     SECTION 7.  Section 11-1.5, Hawaii Revised Statutes, is repealed.

     ["§11-1.5  Office of elections established.  (a)  There is established an office of elections to provide support to the chief election officer.  The office shall be placed within the department of accounting and general services for administrative purposes.  The chief election officer shall be the administrator of the office of elections.  Except for exercising the right to vote, the full-time employees of the office of elections shall not support, advocate, or aid in the election or defeat of any candidate for public office.

(b)  The office of elections shall provide staff support to the elections commission, as requested by the elections commission."]

     SECTION 8.  Section 11-1.55, Hawaii Revised Statutes, is repealed.

     ["[§11-1.55]  Exemptions.  The office of elections shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:

(1) Make direct communications with the governor and legislature;

(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the office of elections without the approval of the comptroller; and

(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.

The office of elections shall follow all applicable personnel laws."]

     SECTION 9.  Section 11-1.6, Hawaii Revised Statutes, is repealed.

     ["§11-1.6  Appointment of the chief election officer; requirements; term; restrictions; salary; reappointment; removal.  (a)  The chief election officer shall be appointed by the elections commission, without regard to chapter 76.  The appointment shall not be subject to the advice and consent of the senate.  In the event of a vacancy, the elections commission shall meet expeditiously to select and appoint a new chief election officer to serve the remainder of the unexpired term.

(b)  The person appointed to be chief election officer shall be a citizen of the United States, a resident of the State, and a registered voter of the State.

(c)  The chief election officer shall serve for a term of four years.  The term shall begin on February 1 following the appointment.

(d)  The chief election officer shall devote full time to the duties of the office and shall hold no other public office during the individual's term of office.  Except for exercising the right to vote, the individual shall not support, advocate, or aid in the election or defeat of any candidate for public office.  The chief election officer shall refrain from financial and business dealings that tend to reflect adversely on the individual's impartiality, interfere with the proper performance of election duties, or exploit the individual's position.  Subject to the requirements above, the individual may hold and manage investments, including real estate, and engage in other remunerative activity, but shall not serve as an officer, director, manager, advisor, or employee of any business.

(e)  The chief election officer shall be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development.

(f)  The chief election officer may petition the elections commission for reappointment.  The elections commission may reappoint an incumbent chief election officer based on the performance of the chief election officer.  The elections commission may authorize the chief election officer to hold office until a successor is appointed.

(g)  The chief election officer may be removed by the elections commission at any time for good cause."]

     SECTION 10.  Section 11-7, Hawaii Revised Statutes, is repealed.

     ["[§11-7]  Elections commission.  (a) There is established an elections commission within the department of accounting and general services for administrative purposes.  The elections commission shall consist of nine members who shall be selected as follows:

(1) The president of the senate shall select two elections commission members;

(2) The speaker of the house of representatives shall select two elections commission members;

(3) The senators belonging to a party or parties different from the president of the senate shall designate one senator to select two elections commission members;

(4) The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate one representative to select two elections commission members; and

(5) One member, who shall serve as chairperson of the elections commission, shall be selected by the members of the elections commission selected pursuant to paragraphs (1) to (4);

provided that each group of four elections commission members selected by each house shall include one elections commission member from each of the four counties.

(b)  The chairperson of the elections commission under subsection (a)(5) shall be selected by a two-thirds vote.

(c)  A vacancy in the elections commission shall be filled in the same manner as the original appointment as specified in subsection (a) within fifteen days.  A vacancy in the elections commission shall be filled with a person from the same county as the departing elections commission member.  Elections commission member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.

(d)  The elections commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

(e)  Notwithstanding section 26-34, elections commission member appointments shall not be subject to senatorial confirmation.

(f)  The term of the elections commissioners shall be four years, except that with respect to the terms of the initial elections commission members, one member selected from each of subsection (a)(1) to (4) shall serve for a term of two years.

(g)  The elections commissioners shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties."]

     SECTION 11.  Section 11-7.5, Hawaii Revised Statutes, is repealed.

     ["[§11-7.5]  Duties of the elections commission.  The duties of the elections commission are to:

(1) Hold public hearings;

(2) Investigate and hold hearings for receiving evidence of any violations and complaints;

(3) Adopt rules pursuant to chapter 91;

(4) Employ, without regard to chapter 76, a full-time chief election officer, pursuant to section 11-1.6; and

(5) Advise the chief election officer on matters relating to elections."]

     SECTION 12.  Section 11-8, Hawaii Revised Statutes, is repealed.

     ["[§11-8]  Elections commission; political activities.  (a)  No elections commission member shall take an active part in political management or in political campaigns.

(b)  Each elections commission member shall retain the right to:

(1) Register and vote as the elections commission member chooses in any election;

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

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

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

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

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

(c)  An elections commission member may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics or this section."]

     SECTION 13.  Section 11-8.5, Hawaii Revised Statutes, is repealed.

     ["[§11-8.5]  Elections review program.  The elections commission shall develop and implement an elections review program to:

(1) Review the operation and performance of elections;

(2) Make recommendations to the chief election officer on methods to improve elections;

(3) Establish policies for the administration of an elections observer program, to include ensuring the validity and reliability of election results;

(4) Conduct a biennial evaluation of the operation of elections;

(5) Submit the findings and recommendations from the biennial evaluation to the legislature, not less than twenty days prior to the convening of each regular session held in odd-numbered years; and

(6) Adopt rules in accordance with chapter 91 to carry out the purposes of this section."]

     SECTION 14.  Section 11-9, Hawaii Revised Statutes, is repealed.

     ["[§11-9]  Exemptions.  The elections commission shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:

(1) Make direct communications with the governor and legislature;

(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the elections commission without the approval of the comptroller; and

(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.

The elections commission shall follow all applicable personnel laws."]

     SECTION 15.  As the context requires, the revisor of statutes shall replace the term "chief election officer," or like term, with the term "lieutenant governor," or like term, wherever it may appear in the Hawaii Revised Statutes.

     SECTION 16.  All rights, powers, functions, and duties of the office of elections are transferred to the office of the lieutenant governor.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 17.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of elections relating to the functions transferred to the office of the lieutenant governor shall be transferred with the functions to which they relate.

     SECTION 18.  All acts passed by the legislature during the regular session of 2013, whether enacted before or after the effective date of this Act, shall be amended to conform to this Act unless the acts specifically provide that this Act is being amended.

     SECTION 19.  Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

     SECTION 20.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Elections Governance; Lieutenant Governor

Description:

Transfers the responsibility of supervising elections from the office of elections to the office of the lieutenant governor.  Eliminates the office of elections and the elections commission.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.