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Legislature 2002


Pending bills on
ballots and recounts
put the elections
office in a quandary

The changes may cost millions
and force the primary back 6 weeks

Campaign spending chief hails legislation
Major items that passed or failed


By Pat Omandam
pomandam@starbulletin.com

As the dust settles on the 2002 state Legislature, the Office of Elections ponders proposed changes to the state's elections laws and wonders where it will get the millions of dollars to pay for them.

Chief Elections Officer Dwayne Yoshina said a measure approved this week, House Bill 2843, Conference Draft 1, now requires qualified political parties to have separate ballots for the primary election, a move that could add between $2 million and $5 million to the cost of printing.

In the past, and because of limited funds, the elections office has printed a single ballot that listed all political parties, and relied on voters to select candidates from only one party in the primary.

But starting with the 2004 primary election, voters will be given a package of ballots where they must choose one political party ballot and a nonpartisan ballot.

Yoshina explained the cost of printing each ballot sheet is estimated at between $320,000 and $350,000. With six political parties and one nonpartisan ballot this year, for example, the office would have faced a printing bill of at least $2.2 million.

He added there will be additional costs in adjusting each voting machine to accept the various party ballots, as well as in the packaging and shipment of them to the statewide polling places.

"The bottom line of all of this would be the bottom line," Yoshina said. "If this is what they (legislators) want, then they have to make certain that we get the money to print the extra ballots and cover all the ancillary costs."

The bill, if approved by Gov. Ben Cayetano, would take effect on Nov. 6, a day after this year's general election.

In testimony this session, the elections office warned there may be as many as 14 different political parties, a situation that would have pushed the cost of printing separate party ballots to nearly $5 million.

"I think this is a foolish thing to do," Sen. Avery Chumbley (D, East Maui) said about the ballot requirement this week on the Senate floor.

Chumbley, who was among three senators who voted against the bill, said the nearly $5 million cost to print separate ballots would be "cost ineffective."

Sen. Cal Kawamoto (D, Waipahu), Intergovernmental Affairs Committee chairman, said printing the separate ballots will allow for "fair play." Kawamoto noted there were many spoiled ballots in past elections.

"I question the $4 million (figure) because it comes from the elections office," Kawamoto added.

But Sen. Les Ihara (D, Kapahulu), who also voted "no" on the bill, said the money for the ballots could be better spent on voter education.

The Legislature approved another election provision that requires a recount if the difference in votes cast for the winning and losing candidates in a race is one-eighth of 1 percent (0.125 percent) or less of the total ballots cast. This would go into effect in 2004.

The problem, however, is that lawmakers did not move the primary election to August from September to provide six additional weeks to accommodate any recounts triggered.

Yoshina said his office has not yet taken a hard look at every recount scenario, but has said more time between elections is needed.

The time period between the primary and general election is between five and six weeks. But it is insufficient time to proof and print ballots should the recount occur in between the elections.

"There might be a misunderstanding that it's an easy thing to do," Yoshina said. "A good, solid recount takes time to do."


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Campaign spending
chief hails legislation


Star-Bulletin staff

After lobbying for nearly six months for reforms in the state campaign spending law, Robert Watada gave lawmakers an "A" for the campaign bill that passed this week.

Although Watada, the Campaign Spending Commission's executive director, had wanted the law to limit corporate contributions made to their own political action committees, the resulting bill will still serve a purpose, he said.

Watada said the bill as passed limits corporations to an aggregate amount of contributions of $25,000.

"So the outside amount a corporation, bank or union can give in total to all candidates is $25,000," Watada said. "This will limit major donors and also force candidates to get contributions from a wider variety of sources."

The more important new reform, Watada said, was to stop any corporation that does business with the city or state from making any campaign contribution.

"This is a major change. The legislators backed away from voting self-interest and chose to do something right for the people," Watada said.


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Major items that passed or failed
in the 2002 legislative session

CONSUMER-RELATED

Passed

>> Gas price cap: The state Public Utilities Commission would set caps on gasoline prices beginning in 2004.

>> Health insurance rate oversight: The state insurance commissioner would review and approve rate filings by health insurers to ensure rates are not excessive.

>> Bulk drug rates: The state would negotiate bulk purchase of drugs from manufacturers and make them available to Hawaii residents who join the program.

>> Bottle bill: Allows for an initial 5-cent refundable deposit to recycle of glass, can and plastic bottles.

>> Tobacco tax increase: Raises tax on cigarettes by a penny per cigarette.

>> Long-term health care study: Authorizes the State Office on Aging to study ways to fund long-term health care insurance for Hawaii residents.

>> Traffic cameras: Repeal of photo traffic enforcement project.

>> Military license plates: Allows special number license plates for military service for more than one noncommercial passenger vehicle, noncommercial motorcycle or motor scooter per applicant.

Failed

>> Tougher penalties for animal cruelty.
>> Mandatory long-term health care fund.
>> Pedestrian safety bill that required eye contact with motorists before crossing street.
>> Changes to, instead of repeal of, the traffic camera program.
>> Statewide smoking ban at restaurants and at the state Capitol.

EDUCATION

Passed

>> New Century Conversion School: Allows nonprofits to operate state public schools.

>> Nonprofit private education: Proposes a constitutional amendment to issue special-purpose revenue bond to finance construction projects for nonprofit, private educational institutions.

Failed

>> Allowing public worker unions to set up their own health trust funds.
>> Abolishing the Board of Education in favor of seven smaller boards.
>> Raising age requirement to enter kindergarten to age 5 by June 30 instead of Dec. 1.
>> Construction funding for a new Kapolei campus for the University of Hawaii-West Oahu.

ECONOMIC STIMULUS

Passed

>> Ko Olina tax credit: Authorizes $75 million in tax credits for a resort development that includes a world-class aquarium and marine science facility.

>> Construction tax credits: Extends the 4 percent nonrefundable residential construction tax credit and sets another nonrefundable tax credit for qualified nonresidential construction.

>> State parks and trails: Allows $1 million from the Hawaii Tourism Authority to be used to maintain state parks and trails.

>> Hemp study: Extends the time in which privately funded industrial hemp research can be conducted in the state.

Failed

>> Gambling in any form.
>> Refund to those who paid into Hawaii Hurricane Relief Fund.

GOVERNMENT/ETHICS

Passed

>> Washington Place: Prohibits campaign activities at Washington Place.

>> Campaign reform: Bans banks, labor unions, corporations and government contractors from making campaign contributions.

>> Convicted politicians: Disqualifies an elected official from continuing in office after conviction of a felony offense rather than at the time of sentencing.

>> Elections: Requires special elections to be conducted by mail, requires ballot recounts in close contests, requires separate ballots for each party, and clarifies time of conviction for disqualification of elected officials.

>> Government downsizing: Abolishes all deputy and assistant to the director positions in all state departments except the University of Hawaii and the state Department of Education.

>> Driver's licenses: Allows for the renewal of licenses by mail, regardless of whether the licensed driver is out of state.

>> Hawaiian homesteads: Allows a lessee who is at least one-quarter Hawaiian to transfer the leasehold interest in the tract to a brother or sister who is at least one-quarter Hawaiian.

>> Drug treatment: Mandatory drug treatment for first-time, nonviolent drug offenders.

Failed

>> Death with dignity.
>> Change in primary election date to August from September.
>> Driving curfew of 10 p.m. for drivers 16 years old and younger who are traveling without an adult licensed driver.
>> Proposed breakup of the statewide county hospital system.
>> Regulation of the Segway scooter.
>> Transfer of Aloha Stadium to the University of Hawaii.
>> Mandatory use of watercraft emergency communication devices.

BUDGET

Passed

>> State budget: Cuts $83 million from current state budget and eliminates 287 general-fund state positions. Addresses the $315 million shortfall by taking $140 million from various special funds, $29 million in Hawaii Hurricane Relief Fund interest and $10 million from state rainy-day fund. Across-the-board cuts of 2.5 percent in agencies and increased fees made up for the remainder of the shortfall.

>> Core government: Create a commission to classify state jobs and programs into core and noncore functions.

Failed

>> Raising state liquor tax.
>> Surcharge on county rental car tax.
>> Food and health care tax credit.
>> Interim ceded land revenue for Office of Hawaiian Affairs.
>> Elimination of general excise tax on food, medical services and rent.



Legislature Directory

Legislature Bills & Hawaii Revised Statutes

Testimony by email: testimony@capitol.hawaii.gov
Include in the email the committee name; bill number;
date, time and place of the hearing; and number of copies
(as listed on the hearing notice.) For more information,
see http://www.hawaii.gov/lrb/par
or call 587-0478.



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