Bill Text: HI HB1653 | 2016 | Regular Session | Amended
Bill Title: Elections; Voting; Elections by Mail; Absentee Voting; Postponed Elections and Election Results; Election Expenses; Appropriation ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2016-04-29 - Conference Committee Meeting will reconvene on Friday, 04-29-16 at 5:20 PM in Conference Room 325. [HB1653 Detail]
Download: Hawaii-2016-HB1653-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1653 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:`
"§11-A Federal, state, and county elections by mail. (a) Counties with a population of less than 100,000, beginning with the 2018 primary election, shall implement elections by mail.
(b) Counties with a population of less than 500,000, beginning with the 2020 primary election, shall implement elections by mail.
(c) Beginning with the 2022 primary election, all elections shall be conducted by mail in accordance with this title.
(d) Any federal, state, or county election, before the 2022 primary election, not already mandated by this section to be conducted by mail, may be conducted by mail, in whole or in part, as determined by the chief election officer for state or federal elections or the county clerk for elections involving solely county contests. To the extent an election is only conducted in part by mail, any proclamation will clearly detail which precincts will continue to have polling places and which ones will be conducted by mail.
(e) All voters in an election by mail precinct or county shall be considered permanent absentee voters under section 15‑4.
(f) The term "election by mail" means that all voters in a precinct, county, or the State, as applicable, are deemed permanent absentee voters, under section 15-4, and that election day polling places will no longer be operated. Absentee polling places under section 15-7 will continue to operate. At least one absentee polling place in each county will be open on election day and may be established at other sites as may be designated by the county clerk. Voting in any other manner authorized by law for absentee voters will be permitted for voters in an "election by mail" precinct or county.
(g) All active registered voters in an election by mail precinct or county will be mailed a ballot. Inactive voters
will have the ability to update their registration to become an active registered voter, in order to be mailed a ballot. Active registered voters with a questionable address notation in their record will be mailed a ballot but will be required to complete a voter registration form or a form prescribed by the chief election officer affirming that the voter claims the address listed on the register is the voter's legal residence, in conjunction with the return of the ballot. All active registered voters who have received a ballot by mail will be permitted to vote at an absentee polling place, in lieu of voting the ballot by mail, so long as the mail ballot has not already been cast. In such a situation, the uncast mail ballot shall be canceled by the county clerk.
(h) Unless the context clearly indicates otherwise, the provisions of chapter 15 regarding absentee voting shall be equally applicable to an election by mail. This includes, but is not limited to the following:
(1) Request for ballot;
(2) Delivery of ballots;
(3) Return envelope; ballot envelope; instructions;
(4) Postage;
(5) Absentee polling place;
(6) Return and receipt of ballots; and
(7) Counting of ballots.
§11-B Election expenses and responsibilities for elections by mail. (a) Election expenses in an election by mail shall be shared and set forth as follows:
(1) Expenses related to mail elections involving both state and county offices, or federal and county offices, unrelated to voter registration shall be divided in half between the State and the counties. Each county shall pay a proration of expenses as a proportion of the registered voters at the time of the general election. The counties shall separately be responsible for expenses associated with voter registration.
(2) All expenses for county mail elections, which do not involve state or federal offices, shall be borne by the county and paid out of appropriations as may be made by the council.
(3) All expenses for state or federal mail elections, which do not involve county offices, shall be borne by the State and paid out of appropriations as may be made by the legislature. Expenses attributable to registration of voters by the county clerk, for those state or federal elections, which do not involve county offices, shall be borne by the State and paid out of appropriations as may be made by the legislature.
(b) Election responsibilities in elections by mail shall be shared and set forth as follows:
(1) In mail elections involving both state and county offices, or federal and county offices, the counties shall be responsible for voter registration, absentee voting, and the mailing and receipt of ballots, while the State shall be responsible for the printing and counting of ballots. The State and counties may mutually agree to the delegation of these responsibilities to each other. Any responsibilities not enumerated above may be assigned to the counties or the State by the chief election officer.
(2) The respective county shall be responsible for mail elections involving only county offices.
(3) For mail elections involving only state or federal offices, the counties shall be responsible for voter registration and absentee voting, while the State shall be responsible for the printing, mailing and receipt, and counting of ballots. Any responsibilities not enumerated above shall be assigned to the counties or the State by the chief election officer.
(c) To the extent an election is conducted by mail for certain precincts and utilizes election day polling places for other precincts, the chief election officer shall determine state and county responsibilities and expenses, consistent with this section and section 11-184."
SECTION 2. Chapter 15, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§15- Electronic transmission, marking, and return of ballots. (a) This section shall apply only to voters covered by section 15-5(b) or section 15D-9 to receive ballots
electronically.
(b) Before an election, the clerk shall determine the permissible form or forms of electronic transmission that may be used for the initial transmission of ballots to voters and the return transmission of ballots by voters.
(c) The forms of electronic transmission permitted for the initial transmission of ballots may differ from those permitted for the return of ballots by voters.
(d) For the purposes of this section, "electronic transmission" includes facsimile, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system.
(e) The return and receipt of an absentee ballot and its counting shall be conducted in accordance with sections 15-9 and 15-10 to the extent possible, taking into consideration if a ballot has been returned electronically."
SECTION 3. Section 15-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Absentee voting" means voting in any manner authorized under chapter 15 including, but not limited to, mail, in-person at an absentee polling place before the day of the election or on the day of the election, or electronic transmission.
"Election by mail" means that all voters in a precinct, county, or the State, as applicable, are deemed permanent absentee voters under section 15-4, and election day polling places are no longer operated.
"Electronic transmission" means the transmission of a blank or voted ballot by facsimile, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system, which may include the ability to mark the ballot."
SECTION 4. Section 8-1, Hawaii Revised Statutes, is amended to read as follows:
"§8-1 Holidays designated. The following days of each year are set apart and established as state holidays:
The first day in January, New Year's Day;
The third Monday in January, Dr. Martin Luther King, Jr., Day;
The third Monday in February, Presidents' Day;
The twenty-sixth day in March, Prince Jonah Kuhio Kalanianaole Day;
The Friday preceding Easter Sunday, Good Friday;
The last Monday in May, Memorial Day;
The eleventh day in June, King Kamehameha I Day;
The fourth day in July, Independence Day;
The third Friday in August, Statehood Day;
The first Monday in September, Labor Day;
The eleventh day in November, Veterans' Day;
The fourth Thursday in November, Thanksgiving Day;
The twenty-fifth day in December, Christmas Day;
[All] Limited to individuals who, by
necessity or requirement, vote in an election by mail at an absentee polling
place, all election days, except primary and special election days, in the
county wherein the election is held;
Any day designated by proclamation by the President of the United States or by the governor as a holiday."
SECTION 5. Section 15-4, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (e) to read:
"(e) When a registered voter requests an absentee ballot, the voter also may include an additional request to receive absentee ballots permanently. After receiving a request for permanent absentee voter status, the clerk shall mail to the voter who requested permanent absentee voter status an absentee ballot for all subsequent elections conducted in that precinct. The forwarding address for absentee ballots to be permanently mailed shall be the in-state mailing address contained in the voter's registration record. Voters who seek to have ballots forwarded to another address shall apply for an absentee ballot under subsection (a). Permanent absentee voters may request under subsection (a) that their ballots be forwarded to another address either in or outside of the State for a single election or for a primary or special primary election and the election immediately following the primary or special primary election.
A permanent absentee voter's request for a ballot to be forwarded temporarily under subsection (a) shall not serve as a cancellation of the voter's permanent absentee status or as a change to the voter's permanent absentee mailing address. Upon the completion of the election or elections covered by the permanent absentee voter's request under subsection (a), the voter's permanent absentee mailing address, on file with election officials, shall resume as the address to which the voter's ballots will be permanently mailed."
2. By amending subsection (h) to read:
"(h) A voter's permanent absentee voter status, unless the voter resides in an absentee ballot only area, shall be terminated if any of the following conditions apply:
(1) The voter requests in writing that such status be terminated;
(2) The voter dies, loses voting rights, registers to vote in another jurisdiction, or is otherwise disqualified from voting;
(3) The voter's absentee ballot, voter notification postcard, or any other election mail is returned to the clerk as undeliverable for any reason; or
(4) The voter does not return a voter ballot by 6:00 p.m. on election day in both the primary and general election of an election year."
3. By amending subsection (i) to read:
"(i) If a voter's permanent absentee voter status, in a non-vote by mail county or precinct, has been terminated due to one or more of the conditions specified in subsection (h), the voter shall be responsible for again requesting permanent absentee status as specified in subsection (e). A permanent absentee voter residing in an election by mail county or precinct shall cease to be a permanent absentee voter if the voter requests to cancel the voter's voter registration, dies, loses voting rights, registers to vote in another jurisdiction, or is otherwise disqualified from voting."
SECTION 6. Section 15-5, Hawaii Revised Statutes, is amended to read as follows:
"§15-5 Delivery of ballots. (a)
Immediately upon receipt of a request for absentee ballot within the time limit
specified in section 15-4, the clerk shall examine the records to ascertain
whether the voter is lawfully entitled to vote as requested. If the clerk
ascertains that the voter is lawfully entitled to vote as requested, no earlier
than [thirty] forty-five days before the election, or if the
forty-fifth day is a weekend or holiday, no earlier than the business day
preceding the forty-fifth day, the clerk shall mail in a forwarding
envelope, or deliver in person if the voter appears at the office of the clerk,
an official ballot and other materials prescribed in section 15-6, except that
an incapacitated voter may send a representative to obtain the voter's ballots
pursuant to the rules adopted by the chief election officer; provided that
official ballots and other materials prescribed in section 15-6 shall be mailed
or delivered:
(1) To uniform military and overseas voters pursuant to section 15D-9; and
(2) No later than twenty-four hours after receipt of the request for absentee ballot for requests received on the last day specified in section 15-4.
(b) If [mailed] permanent
absentee ballots or ballots requested under section 15-4, are not
received by [the] a voter within five days of an election, or
a voter requires a replacement ballot within five days of an election, or a
voter would otherwise not be able to return their properly issued ballot by the
close of polls, then a [covered] voter [under chapter 15D]
may request that absentee ballots be forwarded by [facsimile.] electronic
transmission. Upon receipt of such a request and confirmation that proper
application was made, the clerk may transmit appropriate ballots [by facsimile],
together with a form requiring the affirmations and information required by
section 15-6, and a form containing a waiver of the right to secrecy, as
provided by section 11-137. The voter may return the voted ballots and
executed forms by [facsimile] electronic transmission or mail;
provided that they are received by the issuing clerk no later than the close of
polls on election day. Upon receipt, the clerk shall verify compliance with
the requirements of section 15-9(c)[,] and prepare the ballots for
counting pursuant to section 15-10[.]; provided that if the voter
returns multiple voted absentee ballots for the same election, the clerk shall
prepare, for counting, only the first absentee ballot returned that is not
spoiled."
SECTION 7. Section 15-7, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The absentee polling [places]
place at the office of the county clerk, or a site designated by the county
clerk to serve that purpose, shall be open no later than ten working days
before election day, and all Saturdays falling within that time period, or as
soon thereafter as ballots are available; provided that [all] the
working day immediately before the election, the absentee polling [places
shall] place may not be open [on the same date statewide, as].
The hours of operation of the absentee polling place will be determined by
the [chief election officer.] county clerk. For purposes of this
section, a working day shall include Saturday. Additional absentee polling
places may be established by the county clerk at other locations and may follow
a different schedule of times and dates of operation. To the extent a county
has been designated election by mail or the voters of specific precincts have
been designated as permanent absentee voters, an absentee polling place at the
office of the county clerk, or a site designated by the county clerk to serve
that purpose, will be open on the day of the election. The absentee polling
place shall remain open until 6:00 p.m. on the day of the election. If, at the
closing hour of voting on the day of the election, any voter desiring to vote
is standing in line outside the entrance of the absentee polling place with the
desire of entering and voting, but due to the absentee polling place being
overcrowded has been unable to do so, the voter shall be allowed to vote
irrespective of the closing hour of voting. No voter shall be permitted to
enter or join the line after the prescribed hour for closing the absentee
polling place."
2. By amending subsection (e) to read:
"(e) The registration clerk shall process applications for any person not registered to vote who submits a signed affidavit in accordance with section 11-15, which shall include a sworn affirmation:
(1) Of the person's qualification to vote;
(2) Acknowledging that the person has not voted and will not vote at any other polling place for that election and has not cast and will not cast any absentee ballot pursuant to chapter 15 for that election; and
(3) Acknowledging that providing false information [may
result in] is a class C felony[, punishable by a fine not
exceeding $1,000 or imprisonment not exceeding five years, or both]."
SECTION 8. Section 15-8, Hawaii Revised Statutes, is amended to read as follows:
"§15-8 Absentee [ballot box.]
polling place operations. An absentee [ballot box or boxes shall
be provided in the absentee] polling place shall be operated in the same
manner as an election day [for the purpose of depositing the return
envelopes and the ballot envelopes of those who vote in person at the absentee]
polling place[. The ballot box shall be secured in accordance with rules
promulgated by the chief election officer.
Tampering with the ballot box or opening it
before the time prescribed in section 15-9 shall be an election offense under
section 19-6.], including the handling and counting of ballots, under
chapters 11 and 16, unless the context indicates otherwise. Sections 15-9 and
15-10 shall not apply to absentee ballots voted at an absentee polling place."
SECTION 9. Section 15-9, Hawaii Revised Statutes, is amended to read as follows:
"§15-9 Return and receipt of absentee ballots. (a) The return envelope shall be:
(1) Mailed and must be received by the clerk issuing the absentee ballot not later than the closing of the polls on any election day;
(2) Delivered other than by mail to the clerk issuing the absentee ballot, or another election official designated by the clerk to act on the clerk's behalf, not later than the closing of polls on any election day; or
(3) Delivered other than by mail to any polling place within the county in which the voter is registered and deposited by a precinct official in the ballot box before the closing of the polls on any election day.
(b) Upon receipt of the return envelope from any person voting under this chapter, the clerk may prepare the ballots for counting pursuant to this section and section 15-10. As provided for in section 15-6, the voter shall be provided a ballot, a ballot envelope in which to seal the ballot, and a return ballot in which to seal the ballot envelope. The preparation of the ballot may include the opening of the return envelope and the validation of the signature on the return envelope, but shall not include the opening of the ballot envelope within the return envelope.
(c) [Prior to] Unless stated
otherwise by election officials, the opening [the] of return [and
ballot] envelopes and [counting the ballots, the] validation of
signatures shall begin the day immediately after absentee ballots are
transmitted to voters and continue through the day of the election. Official
observers, designated in section 16-45, may elect to be present at any time
during this time frame. The return envelopes shall be checked for the following:
(1) Signature on the affirmation statement; provided that if the affirmation statement:
(i) Is not signed;
(ii) Does not match a reference signature image that is stored in the voter registration files; or
(iii) Contains any other signature discrepancy that would invalidate the counting of that ballot;
the clerk shall make a reasonable attempt to notify the voter by first class letter, telephone, or electronic mail to provide the voter a procedure to correct the deficiency. The voter shall have five working days after the election to correct the deficiency. The inability of the clerk to contact a voter shall not be grounds for a contest for cause pursuant to section 11-172;
(2) Whether the signature corresponds with the absentee request or register as prescribed in the rules adopted by the chief election officer; and
(3) Whether the person is a registered voter and has complied with the requirements of sections 11-15 and 11-16.
(d) If any of the above requirements is not
met or if the return or ballot envelope appears to be tampered with, other
than by the return envelope having been opened by election officials, the [clerk
or the absentee ballot team official] election officials shall mark
across the face of the envelope "invalid" and it shall be kept in the
custody of the clerk and disposed of as prescribed for ballots in section
11-154.
(e) If an absentee polling place is
established at the clerk's office [prior to] before or on
election day, [the officials of the absentee polling place shall check the
return or ballot envelopes for the above requirements prior to depositing them
in the correct absentee ballot box.] this section shall not apply to any
ballots cast at that location."
SECTION 10. Section 15-10, Hawaii Revised Statutes, is amended to read as follows:
"§15-10 Counting of absentee ballots.
If the requirements in section 15-9 are met, the [return and] ballot
envelopes may be opened and the ballot counted as prescribed by law for the
voting system in use.
[In those absentee polling places using
paper ballots, counting of the absentee ballots may begin after noon of
election day.
In those absentee polling places using the
electronic voting system, the absentee ballots shall be transported to the
counting center in a manner and by a schedule as provided in the rules
promulgated by the chief election officer. In no case, however, shall the
results of the absentee count become publicly known before the polls have
officially closed.
Any person violating this section shall be
guilty of an election offense under section 19-6.]
The counting of absentee ballots may begin no earlier than the fifteenth day before an election. The counting of absentee ballots shall include the following stages:
(1) Removing the ballot envelope or ballot or, if the voter did not utilize the ballot envelope, from the return envelope;
(2) Opening the ballot envelope;
(3) Duplicating any damaged ballot so that it may be counted by the vote counting equipment; and
(4) Scanning or otherwise allowing the ballot to be counted by the vote counting equipment;
provided that, in the case of absentee polling places, these stages shall not apply, to the extent voters directly utilize an electronic voting system or voting machine.
To the extent a voter has voted by fax, electronic mail, or any other means authorized by law, election officials may duplicate the votes of the voter onto a traditional ballot to be counted by the vote counting equipment. Official observers, as provided for in section 16-45, shall be given reasonable notice of the time and place where the ballots will be counted. Official observers may elect to be present at any time during this time frame.
No person present during the counting of ballots shall disclose any information concerning how votes were cast on a particular contest or question.
Poll watchers, as provided for in section 11-77, may observe the operations of the absentee polling place."
SECTION 11. Section 16-43, Hawaii Revised Statutes, is amended to read as follows:
"§16-43 Ballot handling. In every
case where the precinct ballots are handled by election officials or
election employees, from the time the ballots are delivered to the several
precincts to the time they are returned to the chief election officer or clerk
in county elections for disposition upon completion of the tabulation, they [shall]
may be [handled in the presence of not less than two officials] observed
by an official assigned in accordance with sections 11-71 and 11-72 or
section 16-45. This section shall not apply to absentee ballots handled in
accordance with sections 15-9 and 15-10."
SECTION 12. Section 16-46, Hawaii Revised Statutes, is amended to read as follows:
"§16-46 Counting defective ballots.
Counting center employees [in the presence of at least two official
observers] shall prepare a new ballot to replace each defective ballot.
The defective ballots shall be segregated and the replacement ballots counted
pursuant to rules promulgated by the chief election officer."
SECTION 13. Section 16-47, Hawaii Revised Statutes, is repealed.
["[§16-47] Preparation of
absentee ballots. Counting center employees in the presence of at least
two official observers shall prepare absentee ballots for counting by automatic
tabulating equipment in a manner that shall accurately reflect the votes cast
by the absentee voters."]
SECTION 14. Act 166, Session Laws of Hawaii 2014, section 1, is amended by amending subsection (c) to read as follows:
"(c) The registration clerk shall process applications for any person not registered to vote who submits a signed affidavit in accordance with section 11-15, which shall include a sworn affirmation:
(1) Of the person's qualification to vote;
(2) Acknowledging that the person has not voted and will not vote at any other polling place for that election and has not cast and will not cast any absentee ballot pursuant to chapter 15 for that election; and
(3) Acknowledging that providing false information [may
result in] is a class C felony[, punishable by a fine not
exceeding $1,000 or imprisonment not exceeding five years, or both]."
SECTION 15. 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 2016-2017 for purposes of this Act.
The sum appropriated shall be expended by the office of elections.
SECTION 16. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect upon its approval; provided that section 14 shall take effect on January 1, 2018; and provided that section 4 shall take effect on January 1, 2022.
Report Title:
Elections by Mail; Absentee Polling Places; Appropriation
Description:
Incrementally phases in statewide elections by mail by the 2022 primary election. Assigns responsibilities between the State and counties for expenses related to mail elections for federal, state, and county offices. Requires clerks to send qualified voters their ballots forty-five days before an election. Establishes standards regarding hours of operation for absentee polling places. Specifies procedures for the counting of ballots. Repeals Election Day state holiday. Makes an appropriation. (HB1653 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
