Voting Machines; Procurement

Requires the disclosure of any criminal convictions, or civil
judgments involving fraud or dishonesty, for persons submitting
bids or proposals for the procurement of voting machines.

THE SENATE                              S.B. NO.           2648
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 11-181, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "11-181  Capital equipment[.]; procurement.  (a)  The State
 4 shall pay for all voting system capital equipment.  This shall
 5 include, but not be limited to voting machines, voting devices,
 6 and initial computer programs.
 7      (b)  Before awarding a contract to any person pursuant to a
 8 bid or proposal submitted pursuant to section 103D-302 or
 9 103D-303 for the procurement of a voting machine, voting device,
10 or initial computer program, the chief election officer shall be
11 satisfied that the qualifications, character, financial
12 responsibility, experience, and general fitness of the proposed
13 directors, executive officers, partners, limited partners, or
14 other owners of any company, sole proprietorship, partnership,
15 limited partnership, or other entity providing voting machines,
16 voting devices, and initial computer programs are such as will
17 warrant public confidence and a belief that the operation of
18 those voting machines and devices will be honestly and
19 efficiently conducted.  The chief election officer shall require

Page 2                                                     
                                     S.B. NO.           2648

 1 the disclosure of any information contained in subsection (c)
 2 prior to awarding a contract pursuant to this subsection.
 3      (c)  For purposes of this section, the chief election
 4 officer may presume that in the absence of credible evidence to
 5 the contrary, a director, officer, partner, limited partner, or
 6 other owner is of good character.  This presumption may be
 7 rebutted by evidence to the contrary, including without
 8 limitation a finding that the director, officer, partner, limited
 9 partner, or other owner has:
10      (1)  Been convicted of, or has pleaded nolo contendere to,
11           any felony or misdemeanor offense, including those
12           involving an act of fraud or dishonesty;
13      (2)  Consented to or suffered a judgment in any civil action
14           based upon conduct involving an act of fraud or
15           dishonesty, including misrepresentation, embezzlement,
16           or misappropriation;
17      (3)  Consented to or suffered the suspension or revocation
18           of any professional, occupational, or vocational
19           license based upon conduct involving an act of fraud or
20           dishonesty;
21      (4)  Wilfully made or caused to be made in any application
22           or report filed with the chief election officer any

Page 3                                                     
                                     S.B. NO.           2648

 1           statement that was at the time and in the light of the
 2           circumstances under which it was made false or
 3           misleading with respect to any material fact, or has
 4           wilfully omitted to state in any application or report
 5           any material fact that was required to be stated
 6           therein; or
 7      (5)  Wilfully committed any violation of, or has wilfully
 8           aided, abetted, counseled, commanded, induced, or
 9           procured the violation by any other person of, any
10           provision of this chapter or of any rule or order
11           issued under this chapter."
12      SECTION 2.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 3.  This Act shall take effect upon its approval.
16                           INTRODUCED BY:_________________________