Bill Text: HI SB2741 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 2741 (Prior Session Legislation)

Introduced

Bill Title: Constitutional Amendment; Secretary of State

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (S) Referred to JGO, WAM. [SB2741 Detail]

Download: Hawaii-2010-SB2741-Introduced.html

THE SENATE	S.B. NO.	2741
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII TO CREATE THE OFFICE OF THE SECRETARY OF STATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Concerns surrounding the Hawaii elections office have been well documented. Public anxiety over the office's fiscal and legal challenges has prompted some members of the community to call for more direct accountability over the administration of elections.

It is critically important for voters to have some level of control over this vital part of democracy at a time when elections can be decided by unusually slim margins that are often bitterly contested.

In thirty-eight other states, voters elect a "secretary of state" who is put in charge of their elections. Alaska and Utah assign that task to their lieutenant governors. In each case, voters have a direct say in naming the administrator of their election system. If adopted, this measure would also empower Hawaii voters to elect a secretary of state, who would be directly responsible for ensuring that the State's election system operates smoothly and remains compliant with all federal, state, and local requirements.

SECTION 2. Article V of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated to read as follows:

"SECRETARY OF STATE

Section . There shall be a secretary of state who shall be elected by the qualified voters of this State at a general election. All candidates for the office of secretary of state shall run on a nonpartisan basis, and the person receiving the highest number of votes shall be the secretary of state. In case of a tie vote, the selection of the secretary of state shall be determined as provided by law.

The term of office of the secretary of state shall be four years.

No person shall be eligible for the office of secretary of state unless the person shall be a qualified voter, have attained the age of thirty years and have been a resident of this State for two years immediately preceding the person's election.

The secretary of state shall devote full time to the duties of the office and shall hold no other public office during the individual's term of office.

The secretary of state shall perform such duties as may be provided by law and shall include the supervision of state elections, the maximization of registration of eligible voters throughout the State and the maintenance of data concerning registered voters, elections, apportionment and districting.

The secretary of state shall assume administrative responsibility for the office of elections."

SECTION 3. Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"REAPPORTIONMENT COMMISSION

Section 2. A reapportionment commission shall be constituted on or before May 1 of each reapportionment year and whenever reapportionment is required by court order. The commission shall consist of nine members. The president of the senate and the speaker of the house of representatives shall each select two members. Members of each house belonging to the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission. The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the [~~chief election officer~~] secretary of state and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the [~~chief election officer~~] secretary of state the ninth member who shall serve as chairperson of the commission.

Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each basic island unit to serve on an apportionment advisory council for that island unit. The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit.

A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court.

The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the [~~chief election officer~~] secretary of state a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law. Members of the commission shall hold office until each reapportionment plan becomes effective or until such time as may be provided by law.

No member of the reapportionment commission or an apportionment advisory council shall be eligible to become a candidate for election to either house of the legislature or to the United States House of Representatives in either of the first two elections under any such reapportionment plan.

Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.

The [~~chief election officer~~] secretary of state shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services. The legislature shall appropriate funds to enable the commission to carry out its duties."

SECTION 4. Article XVI, section 3.5, of the Constitution of the State of Hawaii is amended to read as follows:

"SALARY COMMISSION

Section [[]3.5[]]. There shall be a commission on salaries as provided by law, which shall review and recommend salaries for the justices and judges of all state courts, members of the legislature, department heads or executive officers of the executive departments and the deputies or assistants to department heads of the executive departments as provided by law, excluding the University of Hawaii and the department of education. The commission shall also review and make recommendations for the salary of the administrative director of the State or equivalent position and the salary of the governor [~~and the~~], lieutenant governor[.], and the secretary of state.

Any salary established pursuant to this section shall not be decreased during a term of office, unless by general law applying to all salaried officers of the State.

Not later than the fortieth legislative day of the 2007 regular legislative session and every six years thereafter, the commission shall submit to the legislature its recommendations and then dissolve.

The recommended salaries submitted shall become effective as provided in the recommendation, unless the legislature disapproves the entire recommendation as a whole by adoption of a concurrent resolution prior to adjournment sine die of the legislative session in which the recommendation is submitted; provided that any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted."

SECTION 5. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"OATH OF OFFICE

Section 4. All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ........................ to the best of my ability." As used in this section, "eligible public officers" means the governor, the lieutenant governor, the secretary of state, the members of both houses of the legislature, the members of the board of education, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate."

SECTION 6. Article IV, section 3, of the Constitution of the State of Hawaii is repealed.

["~~CHIEF ELECTION OFFICER~~

~~Section 3.~~ The legislature shall provide for a chief election officer of the State, whose responsibilities shall be as provided by law and shall include the supervision of state elections, the maximization of registration of eligible voters throughout the State and the maintenance of data concerning registered voters, elections, apportionment and districting."]

SECTION 7. The question to be printed on the ballot shall be as follows:

"Shall the State Constitution be amended to create a Secretary of State, who shall serve as a nonpartisan administrator of state elections?"

SECTION 8. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 9. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Constitutional Amendment; Secretary of State

Description:

Establishes the Secretary of State, an elected position, to serve as the nonpartisan administrator of elections.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.