Bill Text: HI SB2249 | 2018 | Regular Session | Introduced

Hawaii Senate Bill 2249 (Prior Session Legislation)

Introduced

Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-22 - Referred to JDC, WAM. [SB2249 Detail]

Download: Hawaii-2018-SB2249-Introduced.html

THE SENATE	S.B. NO.	2249
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to elections.

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

SECTION 1. The legislature finds that presidential primaries and caucuses are important because in nearly all states with a binding primary or caucus, the results of the primary or caucus, may bind some or all of the delegates to vote for a particular candidate at the national convention, depending on state law or party rules. Also, the number of delegates chosen to attend the national convention may be determined by the results of the presidential primaries and caucuses. These delegates in turn select their party's presidential nominee.

The legislature further finds that article II, section 9, of the Constitution of the State of Hawaii authorizes the holding of a presidential preference primary as provided by law. However, in Hawaii, candidates for the office of the President of the United States are selected through a political party caucus. Instead of going to a polling place, voters in a caucus attend local private events run by the political parties, and cast their selections there. The advantage of a holding a caucus in lieu of a primary election is that the state party runs the process directly pursuant to party rules instead of the state or local government. The disadvantage is that the state election laws, which ensure transparency and fairness, do not apply to these party caucuses. Accordingly, allowing same day voter registration or allowing voters to select a party ballot on the day of election under state election laws may not be available under party rules to participants in party caucuses. Furthermore, participation in party caucuses is limited to members of that party.

The purpose of this Act is to:

(1) Require the chief election officer to conduct a study to determine the feasibility of implementing a presidential preference primary in Hawaii in lieu of a party caucus and make recommendations for the implementation of a presidential preference primary; and

(2) Make an appropriation to the office of elections for the chief election officer to conduct the presidential preference primary feasibility study.

SECTION 2. (a) The chief election officer shall conduct a study to determine the feasibility of implementing a presidential preference primary in Hawaii in lieu of a party caucus. The presidential preference primary feasibility study shall include the following:

(1) Gathering data regarding other state jurisdictions with state presidential preference primaries, party caucuses, a combination of both, and state jurisdictions that may have switched from a party caucus system to a state-run presidential preference primary;

(2) Determining the impact on and any necessary amendments needed to existing state election laws, including but not limited to chapters 11, 12, 14, 15, and 19, Hawaii Revised Statutes;

(3) Collaborating and coordinating with the political parties represented in presidential elections to determine the following:

(A) Timing for presidential nominations and primary elections in Hawaii in relation to other state jurisdictions and any national convention;

(B) Presidential nomination paper and oath requirements;

(D) Presidential preference primary result requirements;

(E) Party delegation requirements for representation at each respective party national convention as a result of the presidential preference primary results; and

(F) Any other issue that the chief election officer and any political party deem necessary;

(4) Determining the financial and personnel requirements for the office of elections to hold a presidential preference primary in addition to primary and general elections; and

(5) Any other issue that the chief election officer deems necessary to include in the study.

(b) The chief election officer shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2019.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the chief election officer to conduct the presidential preference primary feasibility study as provided in section 2 of this Act.

The sum appropriated shall be expended by the office of elections for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2018.

INTRODUCED BY:	_____________________________

Report Title:

Elections; Presidential Preference Primary; Office of Elections; Study; Appropriation

Description:

Requires the chief election officer to conduct a study to determine the feasibility of implementing a presidential preference primary in Hawaii in lieu of a party caucus and make recommendations for the implementation of a presidential preference primary. Makes an appropriation to the office of elections for the chief election officer to conduct the presidential preference primary feasibility study.

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