RELATING TO ELECTION REFORM.

HB2365

HOUSE OF REPRESENTATIVES

H.B. NO.

2365

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to election reform
.

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

����
SECTION
1
.
�
Section 11-1.6,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�11-1.6
�
[
Appointment
]
Election

of the chief election officer; requirements; term; restrictions; salary; [
reappointment;
removal
]
vacancy
.
�

(a)
�
[
The chief election
officer shall be appointed by the elections commission, without regard to
chapter 76.
�
The appointment shall not be
subject to the advice and consent of the senate.
�
In the event of a vacancy, the elections
commission shall meet expeditiously to select and appoint a new chief election
officer to serve the remainder of the unexpired term.
]
Beginning in the
2030 general election, the chief election officer shall be elected from among
nonpartisan candidates by the qualified voters of this State at a general
election.
�
The person receiving the
highest number of votes shall be the chief election officer.

����
(b)
�

The person [
appointed
]
elected
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.

����
(c)
�

The chief election officer shall serve for a term of four years.
�
The term shall begin on February 1 following
the [
appointment
]
election
.

����
(d)
�

The chief election officer shall devote full time to the duties of the
office and shall hold no other public office during the individual's term of
office.
�
Except for exercising the right
to vote, the individual shall not support, advocate, or aid in the election or
defeat of any candidate for public office.
�

The chief election officer shall refrain from financial and business
dealings that tend to reflect adversely on the individual's impartiality,
interfere with the proper performance of election duties, or exploit the
individual's position.
�
Subject to the
requirements above, the individual may hold and manage investments, including
real estate, and engage in other remunerative activity, but shall not serve as
an officer, director, manager, advisor, or employee of any business.

����
(e)
�

The chief election officer shall be paid a salary not to exceed
eighty-seven per cent of the salary of the director of human resources
development.

����
(f)
�

[
The chief election officer may petition the elections commission for
reappointment.
�
The elections commission
may reappoint an incumbent chief election officer based on the performance of
the chief election officer.
�
The
elections commission may authorize the chief election officer to hold office
until a successor is appointed.
]
In the event of a vacancy, the governor
shall make an appointment within sixty calendar days following the first day of
vacancy to fill the vacancy for the unexpired term by selecting a person from a
list of three prospective appointees submitted by the election commission.
�
The election commission shall submit the list
of prospective appointees to the governor within thirty calendar days following
the first day of vacancy.
�
All
appointments made by the governor under this section shall be made without
consideration of the appointee's party preference or nonpartisanship.

����
[
(g)
�
The chief election officer is an at-will
employee.
�
The elections commission shall
provide written notification of any removal and state the reason for the
removal.
]"

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

����
"
�11-2
�

Chief election officer; duties.
�

(a)
�
The chief election officer
shall supervise all state elections
, provided that the lieutenant governor
shall preside over the election for chief election officer
.
�
The chief election officer may delegate
responsibilities in state elections within a county to the clerk of that county
or to other specified persons.

����
(b)
�
The chief election officer shall be
responsible for the maximization of registration of eligible electors
throughout the State.
�
In maximizing
registration, the chief election officer shall make an effort to equalize
registration between districts, with particular effort in those districts in
which the chief election officer determines registration is lower than
desirable.
�
The chief election officer,
in carrying out this function, may make surveys, carry on house-to-house
canvassing, and assist or direct the clerk in any other area of registration.

����
(c)
�
The chief election officer shall maintain
data concerning registered voters, elections, apportionment, and
districting.
�
The chief election officer
shall use this data to assist the reapportionment commission provided for under
Article IV of the Constitution.

����
(d)
�
The chief election officer shall be
responsible for public education with respect to voter registration and
information.

����
(e)
�
The chief election officer shall adopt rules
governing elections in accordance with chapter 91."

����
SECTION
3
.
�
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 subsequently confirmed by the appointing
body, 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
nominated and confirmed
pursuant to paragraphs (1) to (4);

provided that each group of four elections
commission members [
selected
]
nominated
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.
]

����
(b)
�
The appointing body shall consist of the
chief justice of the supreme court, president of the senate, speaker of the
house of representatives, senate minority leader, and house minority
leader.
�
The appointing body shall
convene to confirm any nominee within fifteen days of the nomination.
�
Confirmation shall require a majority vote of
the members of the appointing body.
�
If
the nominee fails to pass confirmation by the appointing body, the nominating
individual shall make a new nomination within fifteen days.

����
(c)
�
A vacancy in the elections commission shall
be filled in the same manner as the original [
appointment
]
nomination
process
as specified in subsection (a) within fifteen days
and confirmed
by the appointing body as specified in subsection (b) within thirty 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)
�
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)
�
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)
�
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
4
.
�
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;

����
(5)
�
Conduct a performance evaluation of the
chief election officer within two months after the date a general election is
certified;

����
(6)
�
Hold a public hearing on the
performance of the chief election officer [
and consider the information
gathered at the hearing in deliberations on the chief election officer's
reappointment
]; and

����
(7)
�
Advise the chief election officer on
matters relating to elections."

����
SECTION 5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 6.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION 7.
�
This Act shall take effect on July 1, 2029.

INTRODUCED BY:

_____________________________

Report Title:

Election
Reform; Elections Commission; Chief Election Officer; Appointment Process;
Bipartisan; Transparency; Integrity

Description:

Requires
the Chief Election Officer role to be an elected position by popular vote
beginning with the 2030 general election.
�

Amends the appointment process of the elections commission to subject nominations
to confirmation by an appointing body.
�

Makes conforming amendments.

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