Bill Text: HI SB2113 | 2016 | Regular Session | Introduced
Bill Title: Office of Elections Package; Elections; Absentee; Return Ballots
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-03-10 - Referred to JUD, FIN, referral sheet 26 [SB2113 Detail]
Download: Hawaii-2016-SB2113-Introduced.html
THE SENATE |
S.B. NO. |
2113 |
TWENTY-EIGHTH LEGISLATURE, 2016 |
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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. 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 required by section 15-6, the voter shall be provided a ballot, a ballot envelope for the ballot, and a return envelope for the ballot envelope. Preparing the ballots for counting may include opening the return envelope and validating the signature on the return envelope, but shall not include opening the ballot envelope within the return envelope.
(c) [Prior to opening the return and ballot
envelopes and counting the ballots, the] Unless stated otherwise by
election officials, the period for opening return envelopes and validating
signatures shall begin the day immediately after absentee ballots are
transmitted to voters and shall end on 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;
(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, which
shall not include 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] the
envelope 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 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 2. Section 15-10, Hawaii Revised Statutes, is amended to read as follows:
"§15-10 Counting of absentee ballots.
(a) 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.]
(b) The counting of absentee ballots may begin no earlier than the fifteenth day prior to an election. The counting of absentee ballots shall generally involve the following stages:
(1) Removing the ballot envelope or ballot, if the voter did not utilize the ballot envelope, from the return envelope;
(2) Opening the ballot envelope;
(3) Duplicating any damaged ballot so 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.
Additionally, 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. As required by section 16-45, official observers 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.
(c) No person present during the counting of ballots shall disclose any information concerning how voters voted on a particular contest or question. In the case of absentee polling places, the stages described in subsection (b) shall not apply, to the extent voters directly utilize an electronic voting system or voting machine that counts their ballot, as opposed to being provided a return envelope, a ballot envelope, and a ballot. Poll watchers, as authorized in section 11-77, may observe the operations of the absentee polling place."
SECTION 3. Section 16-43, Hawaii Revised Statutes, is amended to read as follows:
"§16-43 Ballot handling. (a)
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.
(b) This section shall not apply to absentee ballots handled pursuant to sections 15-9 and 15-10."
SECTION 4. 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 5. 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
INTRODUCED BY: |
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BY REQUEST |
Report Title:
Office of Elections Package; Elections; Absentee; Return Ballots
Description:
Provides that the preparation of absentee ballots for counting may include opening the return envelope in which the ballot is enclosed and the validation of signatures, but shall not include opening the ballot envelope. Allows official election observers to be present during this process. Requires that, unless otherwise stated, the opening of return absentee ballot envelopes and signature validation commence the day immediately after ballots are transmitted to voters through election day. Provides that the counting of absentee ballots may begin no earlier than fifteen days prior to an election and establishes stages of absentee ballot counting. Prohibits persons present during the counting of absentee ballots from disclosing the results. Allows, rather than requires, observation of ballot handling by an official.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.