Bill Text: HI SB243 | 2015 | Regular Session | Amended
Bill Title: Elections; Natural Disasters; Postponement; Absentee Ballots
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2015-03-25 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Ing, Luke excused (2). [SB243 Detail]
Download: Hawaii-2015-SB243-Amended.html
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THE SENATE |
S.B. NO. |
243 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.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. The legislature finds that existing law authorizes the chief election officer or county clerk in the case of county elections to consolidate precincts in the event of a natural disaster and, if the natural disaster causes damage that substantially impairs voters' ability to vote, to require registered voters to vote by absentee ballot or postpone the conducting of an election in the affected area for no more than twenty-one days. This authorization was recently exercised in the county of Hawaii during the 2014 primary election.
On August 8, 2014, Tropical Storm Iselle made landfall on the island of Hawaii impairing access and the ability of voters to vote in the primary election scheduled for the next day at certain precinct polling places in Puna. As a result, the chief election officer issued a proclamation to postpone the primary election in those affected areas and authorized the use of absentee ballots. On August 11, 2014, subsequent to the primary election, the chief election officer issued a proclamation that established that voting for the affected area would be conducted at designated polling places on August 15, 2014, rather than by absentee ballots. The decision to postpone the primary election in the polling places affected by Tropical Storm Iselle resulted in litigation and raised concerns regarding the chief election officer's authority under law to postpone elections.
The purpose of this Act is to clarify the law regarding elections in the event of a natural disaster by:
(1) Clarifying that the chief election officer or county clerk in the case of county elections prior to the day of election has the authority to determine whether to postpone an election affected by the natural disaster or require voters of an affected precinct to vote by absentee ballot; and
(2) Authorizing the governor on the day of election and thereafter to determine whether to postpone an election affected by the natural disaster or require voters of an affected precinct to vote by absentee ballot unless the governor is a candidate for office in that election.
SECTION 2. Section 11-92.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In the event of a flood, tsunami,
earthquake, volcanic eruption, high wind, or other natural disaster, occurring
prior to an election, that makes a precinct inaccessible, the chief election
officer or county clerk in the case of county elections may consolidate
precincts within a representative district. If the extent of damage caused by
any natural disaster is such that the ability of voters, in any precinct,
district, or county, to exercise their right to vote is substantially impaired,
prior to the day of election, the chief election officer or county clerk
in the case of county elections or, on the day of election and thereafter,
the governor, in addition to duties prescribed under section 127A‑13(a)(9),
may [require]:
(1) Require the registered voters of
the affected precinct to vote by absentee ballot pursuant to section 15-2.5 [and
may postpone]; or
(2) Postpone the conducting of an election
in the affected precinct for no more than twenty-one days; provided that any
such postponement shall not affect the conduct of the election, tabulation, or
distribution of results for those precincts, districts, or counties not
designated for postponement[.];
provided that if the governor is a candidate for office in the election affected by a natural disaster, on the day of election and thereafter, the chief election officer or county clerk in the case of county elections may take the action described in paragraph (1) or (2). The chief election officer or county clerk in the case of county elections shall give notice of the consolidation, postponement, or requirement to vote by absentee ballot, in the affected county or precinct prior to the opening of the precinct polling place by whatever possible news or broadcast media are available. Precinct officials and workers affected by any consolidation shall not forfeit their pay."
SECTION 3. Section 15-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the chief election officer and
clerk of a county affected as a result of a natural disaster [determine]
or the governor, as applicable pursuant to section 11-92.3, determines
that the opening of a designated polling place will adversely affect the health
and safety of voters or precinct officials, the chief election officer [and],
county clerk, or governor, as applicable, by written order, may require
the registered voters of any precinct to vote by absentee ballot; provided that
if there are not enough absentee ballots for all voters of the precinct, the
chief election officer or the clerk shall use other official ballots to make up
the difference."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 7, 2059.
Report Title:
Elections; Natural Disasters; Postponement; Absentee Ballots
Description:
Clarifies that in the event of a natural disaster, the chief election officer or county clerk in the case of county elections prior to the day of election has the authority to determine whether to postpone or vote by absentee ballot in an election affected by the natural disaster. Authorizes the governor on the day of election and thereafter to determine whether to postpone or vote by absentee ballot in an election affected by the natural disaster unless the governor is a candidate for office in that election. Effective 01/07/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
