Bill Text: HI HB2448 | 2010 | Regular Session | Introduced

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Bill Title: Chief Election Officer; Elections Commission

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2010-01-25 - (H) Referred to JUD, referral sheet 5 [HB2448 Detail]

Download: Hawaii-2010-HB2448-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2448
TWENTY-FIFTH LEGISLATURE, 2010
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 11-1.6, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(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, and have not less than       years of experience operating or assisting in operating a statewide election system."

      2.  By amending subsection (g) to read:

     "(g)  The chief election officer may be removed by the elections commission at any time for good cause[.]; provided that if based on the findings and recommendations of a performance evaluation under section 11-7.5, the removal may be imposed only if prior to the removal:

     (1)  The elections commission notifies the chief election officer of the findings and recommendations of the performance evaluation and the elections commission's decision to remove the chief election officer due to poor performance;

     (2)  The elections commission affords the chief election officer six months from the notification under paragraph (1) to improve performance in accordance with the findings and recommendations of the performance evaluation; and

     (3)  Upon expiration of the six-month period under paragraph (2), the elections commission conducts a follow-up review and evaluation, and concludes that the chief election officer's removal due to poor performance is still warranted."

     SECTION 2.  Section 11-7.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§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[.];

     (6)  Review and evaluate the performance of the chief election officer after the first year of employment, and biennially thereafter; provided that each performance evaluation shall be included in the findings and recommendations of the biennial evaluation conducted and submitted to the legislature under section 11-8.5; and

     (7)  Take an active oversight role in the operations and management of the office of elections."

     SECTION 3.  Section 11-8.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§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)  Review and evaluate the performance of the chief election officer;

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

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

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

    [(5)] (6)  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)] (7)  Adopt rules in accordance with chapter 91 to carry out the purposes of this section."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Chief Election Officer; Elections Commission

 

Description:

Requires the elections commission to evaluate the performance of the chief election officer and to report to legislature; provides guidelines for evaluation; requires elections commission to take active oversight role in operations and management of office of elections.

 

 

 

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