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The Honolulu Advertiser
Posted on: Wednesday, December 2, 2009

Hawaii elections chief resigning


By Derrick DePledge
Advertiser Government Writer

Kevin Cronin, the state's embattled chief elections officer, informed the state Elections Commission yesterday that he intends to resign at the end of the year.

Cronin did not explain the reasons for his resignation in his letter to the commission, but the state Office of Elections has been hit with a series of legal challenges and involved in mistakes that led to doubts about his leadership ability.

His resignation comes as the Office of Elections is desperately trying to cope with state budget cuts and adopt administrative rules necessary to acquire new voting machines for the 2010 elections.

In his letter, Cronin said the groundwork has been established for the 2010 elections, and his resignation on Dec. 31 would give the commission time to name a successor with "minimal impact on the election preparations."

Cronin, a Wisconsin attorney who took over as chief elections officer in February 2008, could not be reached for further comment last night.

William Marston, the commission's chairman, said he would give Cronin an opportunity to explain his decision at a commission meeting this morning at the state Capitol. He said the commission would discuss potential replacements.

"Let him put the words out. I don't want to speak for him," Marston said.

Soon after Cronin took over, the Office of Elections had to deal with a challenge to its award of an expensive contract with Hart InterCivic for new electronic voting machines. A rival bidder, Election Systems & Software, questioned why the state chose Hart when ES&S offered a lower bid.

In August 2008, an administrative hearings officer ruled that the Office of Elections acted in bad faith in giving the contract to Hart and condemned Cronin's actions in defending the contract as "incomplete, inaccurate, unreliable and misleading."

The administrative hearings officer allowed the voting machines to be used in the 2008 elections but canceled the contract at the end of last year, leaving the state with no voting machines. The state is appealing that decision in court.

In May, a Maui Circuit Court judge sided with five Maui residents who claimed the voting machines used in 2008 were improperly approved because of a lack of administrative rules. The judge also found that the state should have adopted administrative rules for transmitting election results from the Neighbor Islands to Honolulu over telephone lines or the Internet.

Cronin was forced to suspend bidding for new voting machines for the 2010 elections until the state adopts the proper administrative rules. A public hearing on the new rules is scheduled for Dec. 10.

In September, two leading state Senate Democrats said they had no confidence in Cronin's leadership after an uncomfortable briefing where Cronin had difficulty with questions about his office budget and the legal challenges.

In October, Marston said the commission would send Cronin a letter expressing displeasure with his performance after an extraordinary commission meeting where all four county clerks said Cronin had not adequately consulted with them on the 2010 elections.

Cronin, meanwhile, has suggested closing 97 of 339 voting precincts statewide next year to reduce costs, which could lead to long lines at other precincts and voter confusion.

Cronin told the commission he would delay hiring seasonal staff, not open a candidate filing center at the State Office Tower downtown, and stop providing paper copies of candidate manuals and district maps to cut expenses.

Cronin also wanted state lawmakers to free up about $113,000 for election preparations by lifting a restriction on the money, which is now intended for staff civil-service changes.

Cronin was criticized early in his tenure after he acknowledged he did not immediately register to vote in Hawai'i — a job requirement — and for his handling of late candidate filings for the 2008 elections.

But, as Cronin cites in his resignation letter, many observers believe the 2008 elections ran smoothly under his direction.

Dwayne Yoshina, the former chief elections officer, also was a frequent target of criticism, and some at the state Capitol tried to assure Cronin that attacks on him were not personal but a reality of the job.

"That's how it is. I kept telling him 'Don't take it personally. It's not personal,' " said state Sen. Les Ihara Jr., D-9th (Kapahulu, Kaimukí, Pälolo).

Some observers believe, personalities aside, that Cronin was ill-suited for the position and lacked the communication skills and experience to be an effective elections advocate.

"The commission has a lot of work to do to ensure that next year's elections come off without a hitch," said Brian Schatz, the chairman of the Democratic Party of Hawai'i. "We now have a funding problem and a leadership problem.

"It's imperative that we fix both as quickly as possible."

State Sen. Donna Mercado Kim, D-14th (Hälawa, Moanalua, Kamehameha Heights), one of the senators who had no confidence in Cronin, said it is now up to the commission to find someone who can lead the office and ensure the elections are run properly.