STAND. COM. REP. NO. 717

Honolulu, Hawaii

RE:    S.B. No. 243

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.B. No. 243, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify who, in the event of a natural disaster, has the authority to determine whether to postpone an election or require voters of an affected precinct to vote by absentee ballot

     Specifically, the measure establishes that if a natural disaster occurs:

     (1)  Prior to the day of an election, the Chief Election Officer or the county clerk in the case of county elections has the power to postpone an election or require voters to vote by absentee ballot; or

     (2)  On the day of the election, the Governor has the power to postpone an election or require voters to vote by absentee ballot.

     Your Committee received written comments in support of this measure from Common Cause Hawaii.

     Your Committee finds that in August 2014, the Chief Election Officer delayed voting in the 2014 primary election in certain County of Hawaii precincts because of the impact of Tropical Storm Iselle.  The delay in voting resulted in litigation and raised many questions around the State regarding the Chief Election Officer's authority to delay voting.  Your Committee finds that it is important to clarify who has the statutory authority to delay an election in the event of a natural disaster.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 243, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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JILL N. TOKUDA, Chair