STAND. COM. REP. NO. 2338

Honolulu, Hawaii

RE: S.B. No. 840

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 840 entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to promote greater accountability within the election system by removing barriers to criminal prosecution of election law violations.

Specifically, the measure:

(1) Allows the Elections Commission to refer a complaint to the Attorney General or a county prosecutor in addition to any administrative determination and without the requirement that the Commission believes the respondent recklessly, knowingly, or intentionally committed a violation;

(2) Disqualifies a person convicted of a specified criminal elections law offense from holding elective public office for ten years, rather than four; and

(3) Repeals language providing that criminal prosecution of specified elections laws shall not apply to any person who has paid or agreed to pay fines related to report filing violations and advertisement violations prior to the commencement of criminal proceedings.

Your Committee received written comments in support of this measure from the Campaign Spending Commission, Common Cause Hawaii, and one individual.

Your Committee finds that removing barriers to criminal prosecution of election law violations will aid in enforcement of those laws and deter violators.

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. 840 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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DONOVAN M. DELA CRUZ, Chair