Hawaii-2015-HB338-Introduced

SECTION 1. Chapter 12, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Eligibility to vote

"§12- Eligibility to vote in primary elections. (a) Except as provided in subsection (b), a voter who is registered with a political party shall be allowed to vote only in the primary election of the political party with which the voter is registered.

(b) A political party, no later than one hundred eighty days prior to a primary election, may notify the chief election officer in writing that, in addition to the voters who have registered with the party, the party elects to allow any of the following to vote in the party's primary election:

(1) Unaffiliated voters; and

(2) Voters registered with a different political party; provided that a state chairman of a political party that elects to allow voters to vote in that party's primary election pursuant to this paragraph shall identify to the chief election officer which political parties' registrants shall be allowed to vote in the party's primary election.

(c) If any political party allows unaffiliated voters to vote in the party's primary election pursuant to subsection (b)(1), an unaffiliated voter may designate any such primary election as the election in which the voter chooses to vote by declaring the designation to the precinct official pursuant to section 11-136 or as provided for absentee voters under section 15-4(a) or (e).

(d) An unaffiliated voter having declared a designation as provided for in subsection (c) shall not be permitted to vote in the primary election of any other party held on that primary election date.

(e) If an unaffiliated voter does not declare a choice of political party's primary election ballot pursuant to subsection (c), the voter shall not be permitted to vote in any political party's primary election but shall receive a nonpartisan ballot.

(f) If any political party allows voters registered with a different political party to vote in the party's primary election pursuant to subsection (b)(2), a voter registered with a different political party may designate any such primary election as the election the voter chooses to vote in by declaring the designation to the precinct official pursuant to section 11-136 or as provided for absentee voters under section 15-4(a) or (e).

(g) Nothing in this section shall be construed to prohibit an unaffiliated voter from voting in the primary election of a different party held in subsequent years.

(h) Notwithstanding any other provision of this section, if a political party allows unaffiliated voters to vote in the political party's primary election pursuant to this section, a vote by an unaffiliated voter in a political party's primary election shall not affect the voter's status as an unaffiliated voter.

(i) For the purposes of this section:

"Political party" has the same meaning as defined in section 11-61.

"Primary election" means any primary or special primary election.

"Unaffiliated voter" means a voter who is not registered with any political party."

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§11- Change of party affiliation. (a) Subject to subsection (b), a voter may change the voter's designation under section 11-15(a)(6) as a registrant with a political party or as an unaffiliated voter by filing with the county clerk a signed form prescribed by the chief election officer, no later than the deadline for candidates to file nomination papers under section 12-6(a).

(b) An unaffiliated voter as designated under section 11-15(a)(6) may change the voter's designation to that of a registrant with a political party after the deadline set forth in subsection (a) but prior to voting on the day of the primary or special primary election, by declaring the designation to the precinct official at a polling location and submitting proof of the voter's registration with the political party in a manner prescribed by the chief election officer. The precinct official shall then enter the voter's designation in the poll book. Following the primary election, the county clerk shall record in the voter's registration record the designation entered into the poll book."

SECTION 3. Section 11-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit.

The affidavit shall contain the following information:

(1) Name;

(2) Social security number;

(3) Date of birth;

(4) Residence, including mailing address;

(5) That the residence stated in the affidavit is not simply because of the person's presence in the State, but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein; [~~and~~]

(6) Designation by the voter as:

(A) A registrant with a political party as defined in section 11-61, including the identity of the party and proof of registration with the party in a manner prescribed by the chief election officer; or

(B) An unaffiliated voter as defined in section 12‑ ;

provided that if the voter fails to make the designation, the county clerk shall enter the voter on the registration records as an unaffiliated voter; and

[~~(6)~~] (7) That the person is a citizen.

An application to register to vote shall include a space to request a permanent absentee ballot."

SECTION 4. Section 11-136, Hawaii Revised Statutes, is amended to read as follows:

"§11-136 Poll book, identification, voting. Every person upon applying to vote shall sign the person's name in the poll book prepared for that purpose. This requirement may be waived by the chairperson of the precinct officials if for reasons of illiteracy or blindness or other physical disability the voter is unable to write. Every person shall provide identification if so requested by a precinct official. A poll book shall not contain the social security number of any person.

After signing the poll book and receiving the voter's ballot, the voter shall proceed to the voting booth to vote according to the voting system in use in the voter's precinct. The precinct official may, and upon request shall, explain to the voter the mode of voting.

For the purpose of providing a voter with the appropriate primary election ballot pursuant to section 12- , the poll book for primary and special primary elections shall include each registered voter's designation under section 11-15(a)(6) as a registrant with a political party or as an unaffiliated voter. The voter shall declare to the precinct official the voter's selection of a primary election ballot pursuant to section 12- and the precinct official shall record the declaration in the poll book; provided that following the primary election, the county clerk shall record as part of the voter's registration record the declaration entered into the poll book."

SECTION 5. Section 12-21, Hawaii Revised Statutes, is amended to read as follows:

"§12-21 Official party ballots. The primary or special primary ballot shall be clearly designated as such. The names of the candidates of each party qualifying under section 11-61 or 11-62 and of nonpartisan candidates [~~may~~] shall be printed on separate ballots[~~, or on a single ballot. The name of each party and the nonpartisan designation shall be distinctly printed and sufficiently separate from each other.~~] The names of all candidates shall be printed on the ballot as provided in section 11-115. When the names of all candidates of the same party for the same office exceed the maximum number of voting positions on a single side of a ballot card, the excess names may be arranged and listed on both sides of the ballot card and additional ballot cards if necessary. [~~When separate ballots for each party are not used, the order in which parties appear on the ballot, including nonpartisan, shall be determined by lot.~~]

The chief election officer or the county clerk, in the case of county elections, shall approve printed samples or proofs of the respective party ballots as to uniformity of size, weight, shape, and thickness prior to final printing of the official ballots."

SECTION 6. Section 15-4, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Any person registered to vote may request an absentee ballot or permanent absentee ballot in person or in writing from the clerk at any time but not later than 4:30 p.m. on the seventh day prior to the election. Any mailed requests for an absentee ballot or permanent absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.

The request shall include information such as the person's social security number, date of birth, and the address under which the person is registered to vote. The request shall also include the address to which the person wishes the requested ballot to be forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary; provided the person so indicates in the person's request.

As part of a request for a primary or special primary absentee ballot under this section, the voter shall declare the voter's selection of a primary election ballot pursuant to section 12- in the manner prescribed by the chief election officer.

Subsequent to the closing of registration for each election, the clerk may mail a request form for an absentee ballot and permanent absentee ballot to each voter in a remote area who has not already made such a request. The request form shall be accompanied by:

(1) A stamped, self-addressed envelope; and

(2) Instructions regarding the manner of completing and returning the request form."

2. 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[.]; provided that for primary or special primary elections:

(1) No later than ten days prior to the deadline for submitting a request for an absentee ballot under section 15-4(a), the clerk shall deliver to each permanent absentee voter a form prescribed by the chief election officer for the voter's selection of a primary election ballot pursuant to section 12- ; and

(2) The voter shall complete and return the form under paragraph (1) to the clerk no later than the deadline for submitting a request for an absentee ballot under section 15-4(a)."

SECTION 7. Section 15-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Immediately upon receipt of a request within the time limit specified in section 15-4, the clerk shall examine the records to ascertain whether or not the voter is lawfully entitled to vote as requested. As soon as the printed official ballots are available, 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~~] provided that [an]:

(1) For primary and special primary elections, an unaffiliated voter who does not indicate a choice of a political party's election ballot under section 15-4 shall receive a nonpartisan ballot pursuant to section 12- (e); and

(2) An incapacitated voter may send a representative to obtain the voter's ballots pursuant to the rules promulgated by the chief election officer.

All requests received upon the last day specified in section 15-4 for receipt shall be mailed to the voter requesting the same as soon as reasonably practicable, but in no event later than twenty-four hours after receipt thereof."

SECTION 8. Part III of chapter 12, Hawaii Revised Statutes, is repealed.

["~~PART III. BALLOT SELECTION~~

~~§12-31 Selection of party ballot; voting.~~ No person eligible to vote in any primary or special primary election shall be required to state a party preference or nonpartisanship as a condition of voting. Each voter shall be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot. A voter shall be entitled to vote only for candidates of one party or only for nonpartisan candidates. If the primary or special primary ballot is marked contrary to this paragraph, the ballot shall not be counted.

In any primary or special primary election in the year 1979 and thereafter, a voter shall be entitled to select and to vote the ballot of any one party or nonpartisan, regardless of which ballot the voter voted in any preceding primary or special primary election."]

SECTION 9. (a) This section shall apply only to the primary or special primary election immediately following the effective date of this Act, whichever occurs first.

(b) For each voter registered pursuant to part II of chapter 11, Hawaii Revised Statutes, and in conformance with this Act to the extent feasible:

(1) At polling locations, each voter shall declare to the precinct official the voter's designation as a registrant with a political party or as an unaffiliated voter and the voter's choice of ballot, all of which the precinct official shall record in the poll book;

(2) Absentee voters under chapter 15, Hawaii Revised Statutes, shall declare the voter's designation as a registrant with a political party or as an unaffiliated voter and the voter's choice of ballot pursuant to the procedures set forth in section 15-4(a) and (e), Hawaii Revised Statutes, as amended in section 6 of this Act; provided that each permanent absentee voter shall re-submit a request for a permanent absentee ballot for the purpose of designating the voter's political party or nonpartisan designation; and

(3) Following the election:

(A) The county clerk shall record as part of each voter's registration record the voter's political party or nonpartisan designation and choice of ballot entered into the poll book pursuant to paragraph (1) or as otherwise indicated pursuant to paragraph (2); and

(B) For each registered voter who did not vote in the election or who, at the election, did not designate themselves as a registrant with a political party or as an unaffiliated voter, the county clerk shall enter the voter in the registration record as an unaffiliated voter;

provided that no voter shall be designated under this section as a registrant of a political party without first providing proof thereof in a manner prescribed by the chief election officer.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon the ratification of a constitutional amendment in compliance with article XVII, section 3, of the Constitution of the State of Hawaii, repealing the prohibition against requiring a person to declare a political party preference or nonpartisanship as a condition of voting in any primary or special primary election.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	338
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII