HOUSE OF REPRESENTATIVES

H.B. NO.

178

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATED TO ABSENTEE VOTING.

 

 

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

 


     SECTION 1.  Section 15-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  If mailed absentee ballots are not received by the voter within five days of an election, or a voter otherwise requires a replacement ballot within five days of an election, 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 ballot and executed form 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.  Prior to 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.  The forms of electronic transmission permitted for the initial transmission of ballots may differ from those permitted for the return of ballots by voters.  For purposes of this subsection, "electronic transmission" may include facsimile transmission, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.


 


 

Report Title:

Office of Elections Package; Absentee Voting; Electronic Transmission

 

Description:

Allows the county clerk to electronically transmit absentee ballots if mailed absentee ballots are not received by the voter within five days of an election or if the voter otherwise requires a replacement ballot within the same period.  (HD1)

 

 

 

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