HB 141: Elections Commission; Members; Advice and Consent; Quorum

A BILL FOR AN ACT

RELATING TO THE ELECTIONS COMMISSION.

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

     SECTION 1.  Section 11-7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-7[]]  Elections commission.  (a)  There [is] shall be established an elections commission within the department of accounting and general services for administrative purposes.  The elections commission shall consist of nine members who shall be [selected as follows:] nominated and, by and with the advice and consent of the senate, appointed as follows:

     (1)  The president of the senate shall [select] nominate two elections commission members;

     (2)  The speaker of the house of representatives shall [select] nominate two elections commission members;

     (3)  The senators belonging to a party or parties different from the president of the senate shall designate one senator to [select] nominate two elections commission members;

     (4)  The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate one representative to [select] nominate two elections commission members; and

     (5)  One member, who shall serve as chairperson of the elections commission, shall be [selected] nominated by [the] a vote of two-thirds of all members [of] to which the elections commission [selected] is entitled and who have already been appointed and confirmed pursuant to paragraphs (1) to (4);

provided that each group of four elections commission members [selected] appointed by each house shall include one elections commission member from each of the four counties.

     [(b)  The chairperson of the elections commission under subsection (a)(5) shall be selected by a two-thirds vote.

     (c)] (b)  A vacancy in the elections commission shall be filled in the same manner as the original appointment as specified in subsection (a) within fifteen days[.]; provided that if the vacancy occurs in the interim period when the senate is not in regular session or special session, the chief justice of the supreme court shall promptly appoint the member nominated.  A vacancy in the elections commission shall be filled with a person from the same county as the departing elections commission member.  Elections commission member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.

     [(d)] (c)  The elections commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.  A majority of all members to which the commission is entitled shall constitute a quorum to do business.

     [(e)  Notwithstanding section 26-34, elections commission member appointments shall not be subject to senatorial confirmation.

     (f)] (d)  The term of the elections commissioners shall be four years[, except]; provided that with respect to the terms of the initial elections commission members, one member selected from each of subsection (a)(1) to (4) shall serve for a term of two years.

     [(g)] (e)  The elections commissioners shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Elections Commission; Members; Advice and Consent; Quorum

Description:

Makes the members of the Elections Commission subject to the advice and consent of the Senate.  Clarifies that a majority of all members to which the Elections Commission is entitled shall constitute a quorum to do business.  (HD1)

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

A BILL FOR AN ACT

relating to the elections commission.

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

     SECTION 1.  Section 11-7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-7[]]  Elections commission.  (a)  There is established an elections commission within the department of accounting and general services for administrative purposes.  The elections commission shall consist of nine members who shall be [selected as follows:] nominated and, by and with the advice and consent of the senate, appointed as follows:

     (1)  The president of the senate shall [select] nominate two elections commission members;

     (2)  The speaker of the house of representatives shall [select] nominate two elections commission members;

     (3)  The senators belonging to a party or parties different from the president of the senate shall designate one senator to [select] nominate two elections commission members;

     (4)  The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate one representative to [select] nominate two elections commission members; and

     (5)  One member, who shall serve as chairperson of the elections commission, shall be [selected] nominated by [the] a vote of two-thirds of all members [of] to which the elections commission [selected] is entitled and who have already been appointed and confirmed pursuant to paragraphs (1) to (4)[;], and shall be appointed by and with the advice and consent of the senate;

provided that each group of four elections commission members [selected] appointed by each house shall include one elections commission member from each of the four counties.

     [(b)  The chairperson of the elections commission under subsection (a)(5) shall be selected by a two-thirds vote.

     (c)] (b)  A vacancy in the elections commission shall be filled in the same manner as the original appointment as specified in subsection (a) within fifteen days.  A vacancy in the elections commission shall be filled with a person from the same county as the departing elections commission member.  Elections commission member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.

     [(d)] (c)  The elections commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.  A majority of all members to which the commission is entitled shall constitute a quorum to do business.

     [(e)  Notwithstanding section 26-34, elections commission member appointments shall not be subject to senatorial confirmation.

     (f)] (d)  The term of the elections commissioners shall be four years, except that with respect to the terms of the initial elections commission members, one member selected from each of subsection (a)(1) to (4) shall serve for a term of two years.

     [(g)] (e)  The elections commissioners shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Elections Commission; Members; Advice and Consent

Description:

Makes the members of the Elections Commission subject to the advice and consent of the Senate.

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

STAND. COM. REP. NO.  821

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 141

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 141 entitled:

"A BILL FOR AN ACT RELATING TO THE ELECTIONS COMMISSION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Make the members of the Elections Commission subject to the advice and consent of the Senate; and

     (2)  Clarify that a majority of all members to which the Elections Commission is entitled shall constitute a quorum to do business.

     Your Committee received testimony in support of this measure from the Office of the County Clerk of the County of Kauaʻi; League of Women Voters of Hawaii; Democratic Party of Hawaiʻi; Hawaii State AFL-CIO; and six individuals.  Your Committee received testimony in opposition to this measure from Hawaiian Islands Republican Women and numerous individuals.

     Your Committee finds that this measure will increase transparency in the process of appointing members to the Elections Commission and allow for public input on nominees.

     Your Committee has amended this measure by:

     (1)  Requiring the Chief Justice of the Hawaii Supreme Court to appoint the member nominated if the vacancy occurs in the interim period when the Senate is not in regular session or special session; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 141, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 141, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,