Bill Text: HI HB1495 | 2015 | Regular Session | Introduced

Hawaii House Bill 1495 (Prior Session Legislation)

Introduced

Bill Title: Compulsory Voting; Enforcement; Chief Election Officer

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-02-02 - Referred to JUD, FIN, referral sheet 6 [HB1495 Detail]

Download: Hawaii-2015-HB1495-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1495
TWENTY-EIGHTH LEGISLATURE, 2015
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 voter participation in Hawaii is among the lowest in the country. In fact, Hawaii had the lowest voter turnout rate among the voting-eligible population in the fifty states plus the District of Columbia in the presidential elections of 2008 and 2012. This included rates of 49.0 and 44.5 per cent, respectively, compared to the United States average of 62.2 and 58.6 per cent. The primary election in August 2014 further exemplified this downward trend of voter participation with only 289,398 out of the 697,033 registered voters, or 41.5 per cent, voting in that election. Even if the 80,459 people placed on the failsafe list, the equivalent of eleven per cent of the total number of registered voters, were to be removed, the participation rate was only 46.9 per cent, still below half of the total number of registered voters in the State. People on the failsafe list maintain their registration while officials determine if they should be purged from the voter lists. While efforts are made every election to increase voter participation, Hawaii still lags behind the rest of the country.

The legislature further finds that compulsory voting could effectively increase voter participation. Although not in effect in the United States, over twenty countries around the world have compulsory voting laws, for example, Australia. Implemented in 1924, the Australian compulsory voting law requires all registered voters to vote in an election. Registered voters who fail to vote, and who have no valid excuse for having failed to vote, are fined. While voters are required to vote, it is possible to cast an informal vote whereby the ballot is incorrectly completed or left blank. Since the introduction of compulsory voting, Australian voter turnout has not fallen below ninety per cent.

The purpose of this Act is to require all registered voters to vote in elections and to develop a system of implementation and enforcement under the purview of the chief elections officer.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§11-A Compulsory voting. Every voter, properly registered under the requirements set by this chapter and of eighteen years of age at the time of an election, shall be required to vote at each election. Enforcement of this section shall be pursuant to the procedures set forth in section 11-B.

§11-B Failure to vote. (a) The chief election officer shall, after each election day, prepare a list of the names and addresses of registered voters who appear to have failed to vote at the election.

(b) Subject to subsection (c), within the period of ninety days after the election day, the chief election officer must:

(1) Send a penalty notice by mail; or

(2) Arrange for a penalty notice to be delivered by other

means to the latest known address of each voter whose

name appears on the list prepared under subsection

(b).

(1) Is dead;

(2) Was absent from the State on election day;

(3) Was ineligible to vote on election day; or

(4) Had a valid and sufficient reason for failing to vote.

(d) A penalty notice is a notice in an approved form notifying the voter that:

(1) The voter appears to have failed to vote at the

election;

(2) It is an offense to fail to vote at an election without

a valid and sufficient reason for the failure; and

(3) If the voter does not wish to have the apparent failure

to vote dealt with by a court, the voter may, within

the prescribed time:

(A) Provide the chief election officer with details

of the voter's having voted, if the voter did in

fact vote as required by section 11-A;

(B) Provide the chief election officer with a valid

and sufficient reason for the failure, if the

voter failed to vote; or

one hundred dollars.

(e) If a voter does not respond to a penalty notice in a manner indicted in subparagraph (d)(3)(A), (B), or (C) within the prescribed time, the chief election officer must:

(1) Send a second penalty notice by mail; or

(2) Arrange for a second penalty notice to be delivered by

other means to the voter, at his or her latest known

address.

(f) The second penalty notice must, subject to subsection (g), have the same form as the first penalty notice but bear a notation to the effect that a previous notice in the same terms was sent to the voter, but that a response in the manner indicated in subparagraph (d)(3)(A), (B), or (C) was not received.

(g) The provisions of this section, other than subsection (f), apply in relation to a second penalty notice:

(1) As if it were a penalty notice issued under subsection

(b); and

(2) As if, in the provisions of this section so applied,

references to paragraphs and subparagraphs of

subsection (d) included references to those paragraphs

and subparagraphs as applied by this section.

(h) If, within the prescribed time:

(1) A voter responds to a penalty notice in the manner

indicted in subparagraph (d)(3)(A) or (B) and the

chief election officer is satisfied with the response:

(A) In the case of a response of the kind referred to

in subparagraph (d)(3)(A) � that the voter did

vote as required by this act;

(B) In the case of a response of the kind referred to

in subparagraph (d)(3)(B) � that the reason for

the failure to vote as a valid and sufficient

reason; or

(2) A voter responds to a penalty notice by paying the

penalty of one hundred dollars;

then proceedings against the voter for a contravention of subsection (o) are prohibited.

(i) If the chief election officer is not satisfied with the response to a penalty notice given under subparagraph (D)(3)(A) or (B) within the prescribed time:

(1) In the case of a response of the kind established in

subparagraph (d)(3)(A) � that the voter voted as

required by section 11-A; or

(2) In the case of a response of the kind established in

subparagraph (d)(3)(B) � that the reason for the

failure to vote is a valid and sufficient reason; then

the chief election officer must send by mail or

deliver to the voter, at his or her latest known

address, a notice in an approved form, notifying the

voter that:

(3) The chief election officer is not satisfied; and

(4) If the voter does not wish to have the apparent failure

to vote without a valid and sufficient reason for such

failure dealt with by a court, he or she may, within

the prescribed time, pay to the chief election officer

a penalty of one hundred dollars.

(j) If, in response to a notice under subsection (i), the penalty of one hundred dollars is paid to the chief election officer within the prescribed time, proceedings against the voter for a contravention of subsection (o) are prohibited.

(k) If a voter is unable, by reason of absence from his or her place of living or physical incapacity, to respond to a penalty notice or to a notice under subsection (i) within the prescribed time, any other voter who has a personal knowledge of the facts may, subject to the regulations, respond to the notice within that time, and such response is to be treated as compliance by the first-mentioned voter with the notice.

(l) The chief election officer must prepare a list of all voters to whom a penalty notice has been sent or delivered and note on that list in relation to each voter:

(1) Whether there has been a response to the notice; and

(2) If there has been a response:

(A) Whether the chief election officer is satisfied

that the voter did in fact vote or that there was

a valid and sufficient reason for the voter's

failure to vote; or

(B) Whether the penalty has been paid.

(m) The chief election officer must note on the list prepared under subsection (l) in relation to each voter to whom a notice under subsection (i) has been sent or delivered:

(1) The fact that a notice has been sent or delivered under

subsection (i);

(2) Whether there has been a response to the notice; and

p (3) If there has been a response � whether the penalty has

been paid.

(n) Without iting the circumstances that may constitute a valid and sufficient reason for not voting, the fact that a voter believes it to be part of his or her religious duty to abstain from voting constitutes a valid and sufficient reason for the failure of the voter to vote.

(o) If a voter who failed to vote at an election, and has:

(1) Not paid to the chief election officer the penalty of

one hundred dollars within the prescribed time;

(2) Provided a response to a penalty notice under

subparagraph (d)(3)(A) and (B) within the prescribed

time that did not satisfy the chief election officer;

(3) Failed to respond to a penalty notice or to a notice

under subsection (i) within the prescribed time; then

he or she shall be guilty of an offense and shall be

required to pay a penalty of two hundred dollars.

(p) A voter who makes a statement in response to a penalty notice or to a notice under subsection (i) that is, to his or her knowledge, materially false or misleading is guilty of an offense and shall be required to pay a penalty of two hundred dollars."

SECTION 3. 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. 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 be responsible for the enforcement of the compulsory voting requirement pursuant to sections 11-A and 11-B.

[~~(e)~~] (f) The chief election officer shall adopt rules governing elections in accordance with chapter 91."

SECTION 4. There is appropriated out of the general funds of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2014-2015 to carry out the purposes of this Act, including the hiring of necessary staff.

The sum appropriated shall be expended by the department of accounting and general services and be used by the office of elections in support of the chief election officer.

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

SECTION 6. This Act shall take effect upon approval and shall apply to all elections as defined in section 11-1, after December 31, 2015.

INTRODUCED BY:	_____________________________

Report Title:

Compulsory Voting; Enforcement; Chief Election Officer

Description:

Establishes a compulsory voting requirement for all registered voters and establishes a means of enforcement, with a fine of $100 to be imposed on registered voters who fail to vote without a valid excuse. Amends the duties of the Chief Election Officer to include enforcement of this Act.

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