STAND. COM. REP. NO.464

Honolulu, Hawaii

, 2001

RE: S.B. No. 440

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 440 entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

The purpose of this measure is to designate the Lieutenant Governor as the chief election officer rather than appointing another person to that position.

This measure also repeals the Office of Elections, and clarifies that the Attorney General will step in for the Lieutenant Governor to make a preliminary decision if nomination papers are contested for the Office of Lieutenant Governor. Your Committee received testimony in opposition to this measure from the Office of the Lieutenant Governor and Common Cause Hawaii. The League of Women Voters of Hawaii submitted comments.

Your Committee believes that this measure satisfies the concerns of the State Auditor in its March 1999 report, "Report of the Election Oversight Committee". The report stated, "A review of the state election laws should include the question of the placement of the chief election officer and the Office of Elections. Currently, no one maintains oversight of or is accountable for the chief election officer." The Lieutenant Governor as an elected official, is accountable to the voters. Such direct accountability is now lacking for the chief election officer as the Election Appointment Panel has only the power to hire and fire the chief election officer.

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 S.B. No. 440 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

 

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

____________________________

BRIAN KANNO, Chair