Bill Text: HI SB334 | 2018 | Regular Session | Amended
Bill Title: Relating To Elections.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB334 Detail]
Download: Hawaii-2018-SB334-Amended.html
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THE SENATE |
S.B. NO. |
334 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 2 |
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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 an increasing number of Hawaii voters are submitting their votes by mail. The 2014 Hawaii primary election was the first election in which more ballots were submitted before primary election day than on that day. Fifty-six per cent of Hawaii voters chose to vote early during the 2014 primary, and approximately eighty-three per cent of those voters did so through a mail-in absentee ballot. In 2016, the number of votes cast before election day exceeded the number of votes cast at polling places on election day, except in one county.
The legislature further finds that Hawaii's conversion to elections by mail would significantly reduce the logistical issues related to conducting elections at polling places.
Accordingly, the purpose of this Act is to:
(1) Require all elections statewide to be conducted by mail beginning with the 2020 primary election;
(2) Establish a limited number of voter service centers that would remain open from the tenth business day preceding an election through the day of the election to receive personal delivery of mail-in ballots, accommodate voters with special needs, offer same day registration and voting, and provide other election services;
(3) Allow for additional places of deposit for personal delivery of mail-in ballots; and
(4) Appropriate funds for the implementation and administration of the election by mail program.
SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . ELECTIONS BY MAIL
§11-A Elections eligible to be conducted by mail. Beginning with the 2020 primary election, all elections shall be conducted by mail in accordance with this title. Any election prior to the 2020 primary election 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 county elections. 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.
§11-B Procedures for conducting elections by mail. (a) Ballot packages for elections by mail shall include:
(1) An official ballot;
(2) A pre-paid postage return identification envelope;
(3) A secrecy envelope; and
(4) Instructions.
(b) To the extent practicable, the clerk shall mail a ballot package by non-forwardable mail to each registered voter in the county so as to enable voters to receive the ballot package approximately eighteen days before the election. The clerk shall continue mailing ballot packages to voters who update their voter registration address no later than fourteen days before the date of the election. In determining the initial mailing date of the ballot packages, the clerk shall consider the mailing place of origin and the most recent postal service delivery standards. The clerk shall not mail a ballot package to any voter in the county register who is identified as having an outdated or non-deliverable mail address. Nothing in this part shall be construed to change the responsibilities of the clerk or chief election officer under chapter 15D with respect to uniform military and overseas voters.
(c) The clerks shall determine and provide for voter service centers and places of deposit pursuant to this part and section 11-92.1.
§11-C Public notice of mailing. Public notice of the date or dates that the initial ballot packages are to be mailed shall be given by the clerks before the ballot packages are made available to voters.
§11-D Ballot instructions; ballot return. (a) After a voter receives a ballot package, the voter shall comply with the instructions included in the ballot package in order to cast a valid vote. The instructions shall include directions for:
(1) Marking the ballot;
(2) Inserting the marked ballot in the secrecy envelope;
(3) Inserting the secrecy envelope with the marked ballot in the return identification envelope; and
(4) Signing the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope with the marked ballot.
(b) The instructions shall include information on election fraud and voter fraud, as provided in sections 19-3(5) and 19‑3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.
(c) To cast a valid ballot, the voter shall return the return identification envelope containing the secrecy envelope with the marked ballot:
(1) By mail so that the return identification envelope is received at the office of the clerk no later than the time provided in section 11-131 on the date of the election;
(2) By personal delivery at any place of deposit no later than 6:00 p.m. on the day preceding the date of the election; or
(3) By personal delivery to any voter service center no later than the time provided in section 11-131 on the date of the election.
(d) Once a voter has returned a return identification envelope containing the secrecy envelope with marked ballot, that voter's ballot is deemed cast and may not be recast in the election.
§11-E Replacement ballots. (a) A voter may obtain a replacement ballot if the ballot was destroyed, spoiled, or lost by contacting the clerk. The chief election officer may prescribe a replacement ballot application form that shall include information that allows the clerk to verify the registration of the voter and ensure that another ballot has not been returned by the voter.
(b) Upon receipt of the replacement ballot application form, the clerk shall:
(1) Verify the registration of the voter and ensure that another ballot has not been returned by the voter;
(2) Record that the voter has requested a replacement ballot;
(3) Mark the return identification envelope as containing a replacement ballot; and
(4) Issue the replacement ballot package by mail or make the ballot package available for pick-up by the voter.
(c) Voters who obtain a replacement ballot shall return the return identification envelope containing the secrecy envelope with the marked replacement ballot:
(1) By mail so that the return identification envelope is received at the office of the clerk no later than the time provided in section 11-131 on the date of the election;
(2) By personal delivery to any place of deposit no later than 6:00 p.m. on the day preceding the date of the election; or
(3) By personal delivery to any voter service center no later than the time provided in section 11-131 on the date of the election.
§11-F Deficient return identification envelopes. If:
(1) A return identification envelope is returned with an unsigned affirmation;
(2) The affirmation signature does not match a reference signature image; or
(3) A return identification envelope contains another condition that would not allow the counting of the ballot,
the clerk shall make an attempt to notify the voter by first class mail, telephone, or electronic mail to inform the voter of the procedure to correct the deficiency. The voter shall have five business days after the date of the election to cure the deficiency. The chief election officer may adopt rules regarding requirements and procedures for correcting deficient return identification envelopes. The counting of ballots and disclosure of subsequent election results may continue during the time period permitted to cure a deficiency under this section. The clerk's inability to contact voters under this section shall not be grounds for a contest for cause under section 11-172.
§11-G Electronic transmission under certain circumstances. If a ballot package is not received by a voter within five days of an election or a voter otherwise requires a replacement ballot within five days of an election, the voter may request that a ballot be forwarded by electronic transmission. Upon receipt of such a request and confirmation that proper application was made, the clerk may transmit the appropriate ballot, together with a form containing the affirmations, information, and a waiver of the right to secrecy under section 11-137. The voter may return the voted replacement ballot and executed forms by electronic transmission, mail, or personal delivery to a place of deposit no later than 6:00 p.m. on the day preceding the date of the election, or personal delivery to a voter service center; provided that the ballot and forms are received by the issuing clerk no later the closing hour of voting provided in section 11-131 on the date of the election. Upon receipt, the clerk shall verify compliance with the requirements of this part; provided that if the voter returns multiple voted ballots for the same election, the clerk shall prepare only the first ballot returned that is not spoiled.
§11-H Counting of mail-in ballots. Ballot processing for tabulation may begin no sooner than the tenth day before the election. In the presence of official observers, counting center employees may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until the closing hour of voting provided in section 11-131 on the date of the election. All handling and counting of ballots shall be according to procedures established by the chief election officer.
§11-I Voter service centers; places of deposit. (a) Voter service centers shall be established at the office of the clerk, and may be established at additional locations within a county as may be designated by a clerk to service the particular needs of a county's voters.
(b) Voter service centers shall be open from the tenth business day preceding the day of the election during regular business hours until the time provided in section 11-131 on the date of the election and at the same times statewide. Notwithstanding the foregoing, the clerk may establish varying times and dates of operation for additional service centers as may be necessary.
(c) Each voter service center shall provide the services specified in section 11-1 under the definition of "voter service center".
(d) The county clerks may designate and provide for places of deposit to be open five business days before the election until 6:00 p.m. the day preceding the election; provided that the locations and apparatus for receiving voted ballots can be securely maintained during the period of use for each election, and as may be permitted by the operational hours.
§11-J Election expenses and responsibilities for elections by mail. (a) Election expenses in an election by mail shall be as follows:
(1) All expenses related to elections by mail involving both state and county offices, or involving both federal and county offices, unrelated to voter registration, shall be divided in half between the State and the counties. To the extent that a particular expense is shared statewide, 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 elections by mail, 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 county council; and
(3) All expenses for state or federal elections by mail, 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 clerk for state or federal elections that 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 for elections by mail shall be as follows:
(1) For elections by mail involving both state and county offices, or involving both federal and county offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, places of deposit, and the mailing and receipt of ballots;
(B) The State shall be responsible for the printing and counting of ballots;
(C) The State and counties may otherwise agree to the delegation of these responsibilities to each other; and
(D) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer;
(2) For elections by mail involving only county offices, the respective county shall be solely responsible; and
(3) For elections by mail involving only state or federal offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, and places of deposit;
(B) The State shall be responsible for the printing, mailing, receipt, and counting of ballots; and
(C) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer."
SECTION 3. Chapter 11, Hawaii Revised Statutes, is amended by amending the title of part VI to read as follows:
"PART
VI. [PRECINCT OFFICIALS AND] VOTER SERVICE CENTER WATCHERS"
SECTION 4. Section 11-1, Hawaii Revised Statutes, is amended as follows:
1. By adding five new definitions to be appropriately inserted and to read:
""Business day" means any day excluding Saturdays, Sundays, and state or federal holidays.
"District" means, unless otherwise specified, the district of political representation with the fewest eligible voters in a particular election.
"Electronic transmission" means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot.
"Place of deposit" means a site within the county of the voter's registration address designated pursuant to section 11-I for the purpose of receiving return identification envelopes in an election conducted by mail pursuant to part .
"Voter service center" means a location within the county of the voter's registration address established pursuant to section 11-I to serve all of the following purposes:
(1) Receive return envelopes for absentee ballots pursuant to chapter 15;
(2) Receive return identification envelopes in an election by mail pursuant to part ;
(3) Provide voting machine services for persons with disabilities pursuant to the Help America Vote Act of 2002, P.L. 107-252, as amended, and any other federal or state law relating to persons with disabilities;
(4) Provide any other voting services as provided by law; and
(5) Any other purposes the chief election officer or clerk may deem necessary in the event of a natural disaster or other exigent circumstances occurring before an election."
2. By amending the definition of "ballot" to read:
""Ballot"[,]
means a ballot, including an absentee ballot, that is a
written or printed, or partly written and partly printed paper or papers,
containing the names of persons to be voted for, the office to be filled, and
the questions or issues to be voted on. "Ballot" includes a
ballot used in an election by mail pursuant to part
, including a ballot approved for electronic
transmission. A ballot may consist of one or more cards or pieces of
paper, or one face of a card or piece of paper, or a portion of the face of a
card or piece of paper, depending on the number of offices, candidates to be
elected thereto, questions or issues to be voted on, and the voting system in
use. [It shall also include the face of the mechanical voting machine when
arranged with cardboard or other material within the ballot frames, containing
the names of the candidates and questions to be voted on.]"
3. By amending the definition of "election officials" to read:
""Election
officials"[, precinct officials and other] means persons
designated as officials by the chief election officer."
4. By amending the definition of "voting system" to read:
""Voting
system"[,] means the use of paper ballots, electronic [ballot
cards,] transmission, voting machines, elections by mail pursuant
to part , absentee voting pursuant to chapter 15,
or any system by which votes are cast and counted."
5. By deleting the definition of "precinct".
[""Precinct",
the smallest political subdivision established by law."]
SECTION 5. Section 11-4, Hawaii Revised Statutes, is amended to read as follows:
"§11‑4 Rules [and regulations].
The chief election officer may make, amend, and repeal [such] rules [and
regulations] governing elections held under this title, election
procedures, and the selection, establishment, use, and operation of all voting
systems now in use or to be adopted in the State, and all other similar matters
relating thereto as in the chief election officer's judgment shall be necessary
to carry out this title.
In making, amending, and repealing rules [and
regulations] for voters who cannot vote [at the polls] in person or
receive or return ballots by mail, and all other voters, the chief election
officer shall provide for voting by [such] these persons in [such]
a manner [as to insure] that ensures secrecy of the ballot
and [to preclude] precludes tampering with the ballots of these
voters and other election frauds. [Such] The rules [and
regulations], when adopted in conformity with chapter 91 and upon approval
by the governor, shall have the force and effect of law."
SECTION 6. Section 11-15.2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a), (b), and (c) to read:
"(a) Notwithstanding the closing of the
general county register pursuant to section 11-24, a person who is eligible to
vote but is not registered to vote may register by appearing in person[:
(1) Prior to the day of the election, at
any absentee polling place established pursuant to section 15-7 in the county
associated with the person's residence; or
(2) On the day of the election, at the
polling place in the precinct associated with the person's residence.]
at any voter service center before and on election day.
(b) The county clerk shall designate a
registration clerk, who may be an election official, at each [of the
absentee polling places in the county established pursuant to section 15-7,
prior to the day of the election and at each of the polling places in the
county on the day of the election.] voter
service center.
(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] in that election and
has not cast and will not cast any absentee ballot pursuant to chapter 15 [for]
in that election; and
(3) Acknowledging that providing false information may result in a class C felony, punishable by a fine not exceeding $1,000 or imprisonment not exceeding five years, or both."
2. By amending subsections (f) and (g) to read:
"(f) Notwithstanding subsection (a),
registration pursuant to this section may also be used by a person who is
registered to vote but whose name cannot be found on the [precinct list for
the polling place associated with the person's residence.] county
register.
(g) The clerk of each county shall add persons
who properly register under this section to the respective general county
register. Within thirty days of registration [at the polling place],
the county clerk shall mail to the person a notice including the person's name,
current street address, district [and precinct], and date of
registration. A notice mailed pursuant to this subsection shall serve as prima
facie evidence that the person is a registered voter as of the date of
registration."
SECTION 7. Section 11-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The clerk, not later than 4:30 p.m. on the sixtieth day after every general election, shall remove the name of any registered voter who did not vote in that general election, and also did not vote in the primary election preceding that general election, and also did not vote in the previous general election, and also did not vote in the primary election preceding that general election, and also did not vote in the regularly scheduled special elections held in conjunction with those primary and general elections, if any, with the exception of:
(1) Those who submitted written requests for absentee ballots as provided in section 15-4; or
(2) Anyone who preregistered pursuant to section 11-12(b).
If a person voted, at least once, in any of the above-mentioned elections, the person's name shall remain on the list of registered voters. For this purpose, "vote" means the depositing of the ballot in the ballot box regardless of whether the ballot is blank or later rejected for any reason. In the case of voting machines, "vote" means the voter has activated the proper mechanism and fed the vote into the machine. In the case of an election by mail pursuant to part , "vote" means the voter has returned the ballot to the chief election officer or clerk by the United States Postal Service, by personal delivery of the ballot to a place of deposit or voter service center, or by electronic transmission under certain circumstances pursuant to part ."
SECTION 8. Section 11-21, Hawaii Revised Statutes, is amended to read as follows:
"§11-21 Change of name, transfer on
election day. (a) The county clerk may designate a registration clerk,
who may be an election official, at [any of the polling places] a
voter service center in the county on the day of the election.
(b) These registration clerks shall take applications for change of name from voters who have been married or who have had their names changed since the last election.
(c) Any person whose name appears on the
registered voters list whose residence has changed since the last election, and
whom the county clerk has not transferred under section 11-20, may apply on a
form prescribed by the chief [elections] election officer [at
the person's new polling place] on the day of the election for transfer of
registration to the [precinct] district of the new residence.
Any person so transferring voter registration shall be immediately added to the
register of the new [precinct] district and may vote only at the
new [precinct.] district.
(d) Where a person was incorrectly placed on a
list of voters of a [precinct] district in which the person does
not actually reside, the person may correct the registration.
[(e) No person shall be prevented from
voting at the election in the precinct in which the person's name appears on
the voters list due to a change of name, or other correction made under this
section. However, any voter registered in the wrong precinct who shall refuse
to make the correction of registration may be challenged in accordance with
section 11-25.
(f) Any person changing name or
transferring shall receive a copy of the change or transfer form.]"
SECTION 9. Section 11-22, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In any case where the clerk refuses
to correct the register, the person may appeal to the board of
registration and the register shall be changed upon a written order of the
board of registration, setting forth the reasons for the change. The order
shall be directed to the clerk [or to the precinct officials of the election
precinct where the voter is entitled to vote if the register has been closed.
The precinct officials shall thereupon correct the list of voters furnished
them according to the terms of the order, noting on the list the reasons for
the correction, and shall send the original order to the clerk as soon as may
be possible after the close of the polls]. The clerk, upon receipt of any
order from the board of registration [or from the precinct officials, as the
case may be], shall correct the register according to the terms of the
order, making on the register a reference to the order."
SECTION 10. Section 11-25, Hawaii Revised Statutes, is amended to read as follows:
"§11-25 Challenge by voters; grounds;
procedure. (a) Any registered voter may challenge the right of a person
to be or to remain registered as a voter [in any precinct] for any cause
not previously decided by the board of registration or the supreme court in respect
to the same person[; provided that in an election of members of the board of
trustees of the office of Hawaiian affairs the voter making the challenge must
be registered to vote in that election]. The challenge shall be in
writing, setting forth the grounds upon which it is based, and be signed by the
person making the challenge. The challenge shall be delivered to the clerk who
shall [forthwith] immediately serve notice thereof on the person
challenged. The clerk shall, as soon as possible, investigate and rule on the
challenge.
(b) Any voter rightfully in [the polling
place, including absentee polling places established pursuant to section 15-7,]
a voter service center may challenge the right to vote of any person who
comes to the [precinct officials] voter service center for voting
purposes. The challenge shall be on the grounds that the voter is not the
person the voter alleges to be, or that the voter is not entitled to vote [in
that precinct; provided that only in an election of members of the board of
trustees of the office of Hawaiian affairs, a person registered to vote in that
election may also challenge on the grounds that the voter is not Hawaiian].
No other or further challenge shall be allowed. Any person [thus]
challenged pursuant to this subsection shall first be given the
opportunity to make the relevant correction pursuant to section 11-21. The
challenge shall be considered and decided immediately by the [precinct
officials] clerk, and the ruling shall be announced.
(c) If neither the challenger nor the
challenged voter [shall appeal] appeals the ruling of the clerk [or
the precinct officials], then the voter shall either be allowed to vote or
be prevented from voting in accordance with the ruling. If an appeal is taken
to the board of registration, the challenged voter shall be allowed to vote;
provided that the ballot is placed in a sealed envelope to be later
counted or rejected in accordance with the ruling on appeal. The chief
election officer shall adopt rules in accordance with chapter 91 to safeguard
the secrecy of the challenged voter's ballot."
SECTION 11. Section 11-76, Hawaii Revised Statutes, is amended to read as follows:
"§11-76 Compensation. [(a)
Electronic ballot and voting machine elections. Precinct officials and related
election day nonprofit groups or employees] Election day officials under
the supervision and control of the office of elections shall be compensated
pursuant to a schedule established by the chief election officer. The schedule
shall be contained in rules adopted pursuant to chapter 91.
[(b) Paper ballot elections. The
chairperson of the precinct officials and the precinct officials shall receive
the same base amounts as in subsection (a). In addition, all precinct
officials shall be paid $5 for each three hundred ballots or portion thereof
cast at that precinct.]"
SECTION 12. Section 11-77, Hawaii Revised Statutes, is amended to read as follows:
"§11-77 Appointment of watchers;
service. (a) Each qualified political party shall be entitled to appoint
no more than one watcher who may be present at any time [in each precinct
and absentee polling place in which the candidates of that political party are
on the ballot.] at a voter service center. Each party shall submit
its list of watchers not later than 4:30 p.m. on the [tenth] twentieth
day [prior to] before any election [to the chief election
officer or] to the clerk [in county elections]. All watchers shall
serve without expense to the State or county. All watchers so appointed shall
be registered voters. [No person shall serve as a watcher who could not
qualify to serve as a precinct official under section [11-72(b)(3)].]
(b) Each watcher shall be provided with
identification from [the chief election officer, or by] the clerk [in
the case of county elections,] stating the watcher's name and the name of
the party the watcher represents. [On election day the watcher shall
present identification to the chairperson of precinct officials of the precinct
or precincts where the watcher is to serve.
(c) All watchers for precincts shall be
permitted to observe the conduct of the election in the precinct. The watchers
may remain in the precinct as long as the precinct is in operation subject to
section 19-6. Watchers may review the polling book pursuant to section 11-97.
(d)] (c) The watcher shall call
the attention of the [chairperson] clerk to any violations of the
election laws that the watcher observes. After the [chairperson's] clerk's
attention is called to the violation, the [chairperson] clerk
shall make an attempt to correct [such] the violation. If the [chairperson]
clerk fails to correct the violation, the watcher may appeal to the [clerk
of the county.] chief election officer.
[(e) The watchers shall be permitted to
observe the operations of the absentee polling place. Any violation of the
election laws shall be reported to the clerk.]"
SECTION 13. Section 11-92.1, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§11-92.1 Election proclamation; [establishment
of a new precinct.] places of deposit; voter service centers.
(a) The chief election officer shall issue a proclamation [whenever a new
precinct is established in any representative district. The chief election
officer shall provide a suitable polling place for each precinct. Schools,
recreational halls, park facilities, and other publicly owned or controlled
buildings, whenever possible and convenient, shall be used as polling places.]
listing all voter service centers and places of deposit as may have been
determined as of the proclamation date. The chief election officer shall
make arrangements for the rental or erection of suitable shelter for [this
purpose] the establishment of a voter service center whenever public
buildings are not available and shall cause these [polling places] voter
service centers to be equipped with the necessary facilities for lighting,
ventilation, and equipment needed for elections on any island. This
proclamation may be issued jointly with the proclamation required in section
11-91."
SECTION 14. Section 11-92.3, Hawaii Revised Statutes, is amended to read as follows:
"§11-92.3 [Consolidated precincts;
natural] Natural disasters; postponement; [absentee voting
required;] special elections. (a) In the event of a flood, tsunami,
earthquake, volcanic eruption, high wind, or other natural disaster, occurring
[prior to] before 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] where
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, the chief election
officer or [county] clerk in the case of county elections may [require
the registered voters of the affected precinct to vote by absentee ballot
pursuant to section 15-2.5 and may] postpone the conducting of an election
in the affected [precinct] area 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. 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.]
(b) In the event the chief election officer or
the [county] clerk in a county election determines that the number of
candidates or issues on the ballot in a special, special primary, or special
general election does not require the full number of established [precincts,]
districts, the [precincts] districts may be consolidated
for the purposes of the special, special primary, or special general election
into a small number of special, special primary, or special general election [precincts.]
districts.
A special, special primary, or special general
election [precinct] district shall be considered the same as an
established [precinct] district for all purposes[, including
precinct official requirements provided in section 11-71]. Not later than
4:30 p.m. on the tenth day [prior to] before the special, special
primary, or special general election, the chief election officer or the [county]
clerk shall give public notice, in the area in which the special, special
primary, or special general election is to be held, of the special, special
primary, or special general election [precincts and their polling places.
Notices of the consolidation also shall be posted on election day at the
established precinct polling places, giving the location of the special,
special primary, or special general election precinct polling place.] districts."
SECTION 15. Section 11-111, Hawaii Revised Statutes, is amended to read as follows:
"§11-111 Official and facsimile
ballots. Ballots issued by the chief election officer in state elections
and by the clerk in county elections are official ballots. In elections using
the paper ballot and electronic voting systems, the chief election officer or
clerk in the case of county elections shall have printed informational posters
containing facsimile ballots [which] that depict the official
ballots to be used in the election. [The precinct officials shall post the
informational posters containing the facsimiles of the official ballots near
the entrance to the polling place where they may be easily seen by the voters
prior to voting.]"
SECTION 16. Section 11-119, Hawaii Revised Statutes, is amended to read as follows:
"§11-119 Printing; quantity. (a)
The ballots shall be printed by order of the chief election officer or the
clerk in the case of county elections. In any state or county election the
chief election officer [on agreement with the] and clerk [may]
shall endeavor to consolidate the printing and ballot package mailing
contracts [for similar types of ballots] where such consolidation will
result in lower costs.
(b) Whenever the chief election officer is
responsible for the printing of ballots, unless provided otherwise, the exact
wording to appear thereon, including questions and issues shall be submitted to
the chief election officer not later than 4:30 p.m. on the seventy-fifth calendar
day [prior to] before the applicable election.
(c) Based upon clarity and available space, the chief election officer or the clerk in the case of county elections shall determine the style and size of type to be used in printing the ballots. The color, size, weight, shape, and thickness of the ballot shall be determined by the chief election officer.
[(d) Each precinct shall receive a
sufficient number of ballots based on the number of registered voters and the
expected spoilage in the election concerned. A sufficient number of absentee
ballots shall be delivered to each clerk not later than 4:30 p.m. on the
fifteenth day prior to the date of any election.]"
SECTION 17. Section 11-131, Hawaii Revised Statutes, is amended to read as follows:
"§11-131 [Hours of voting.] Voting
service center hours. The [polls shall be opened by the precinct
officials at] hours of voting at voter service centers shall be regular
business hours as prescribed in section 11-I and the clerk, on an election day,
from 7:00 a.m. [of the election day and shall be kept open continuously]
until 6:00 p.m. of that day. If, at the closing hour of voting, any voter
desiring to vote is standing in line [outside the entrance of the polls]
with the desire of entering and voting, but due to the [polling place] voter
service center 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 polls. If all of the registered voters of the precinct have cast
their votes prior to the closing time, the polls may be closed earlier but the
votes shall not be counted until after closing time unless allowed by the chief
election officer.] hours of voting."
SECTION 18. Section 11-132, Hawaii Revised Statutes, is amended to read as follows:
"§11-132 Two hundred foot radius[;
admission within polling place]. (a) [The precinct] Election
officials shall post in a conspicuous place, [prior to] before
the opening of the [polls,] operation, a map designating an area
of two hundred feet from the perimeter of [the
polling place] any voter service
center, place of deposit, and its appurtenances. Any person who remains or
loiters within an area [of two hundred feet from the perimeter of the
polling place and its appurtenances] for the purpose of campaigning shall
be guilty of a misdemeanor. For the purposes of this section, a [polling place] voter service center, place
of deposit, and its appurtenances shall include:
(1) The building in which [the polling place is]
a voter service center, place of deposit, or its appurtenances are
located;
(2) Any parking lot adjacent to the building and routinely used for parking at that building;
(3) The routes of access between the building and any parking lot; and
(4) Any route of access between any public
thoroughfare (right of way) and the [polling place] voter service
center, place of deposit, or its appurtenances, to ensure an open and
accessible ingress and egress to and from the [polling place] voter
service center, place of deposit, or appurtenances for voters.
(b) The chief election officer may regulate other activities within the area specified in subsection (a) pursuant to rules adopted by the chief election officer under chapter 91 in order to ensure the safe and orderly conduct of elections.
(c) Admission within the [polling place]
area shall be limited to the following:
(1) Election officials;
(2) Watchers, if any, pursuant to section 11-77;
(3) Candidates;
(4) Any voters actually engaged in voting, going to vote, or returning from voting;
(5) Any person, designated by a voter who is physically disabled, while the person is assisting the voter;
(6) Any person or nonvoter group authorized by the
chief election officer or the clerk in county elections to observe the election
[at designated precincts] for educational purposes; provided that
they conduct themselves so that they do not interfere with the election
process; and
(7) A child for the purpose of observing the voting process when accompanied by an adult who is voting; provided that this activity does not disrupt or interfere with normal voting procedures.
(d) Within the appropriate boundary as
established in subsection (a), [and the building in which the polling place
is located,] the display or distribution of campaign posters, signs, or
other campaign materials for the purpose of soliciting votes for or against any
person or political party or position on a question is prohibited. Any voter
who displays campaign material in the [polling place] voter service
center, place of deposit, or its appurtenances shall remove or cover that
material before entering [the polling place]. The chief election
officer may adopt rules pursuant to chapter 91 to address special circumstances
regarding the display of campaign materials."
SECTION 19. Section 11-137, Hawaii Revised Statutes, is amended to read as follows:
"§11-137 Secrecy; removal or
exhibition of ballot. No person shall look at or ask to see the contents
of the ballot or the choice of party or nonpartisan ballot of any voter, except
as provided in [section] sections 11-139 and 11-132, nor shall
any person [within the polling place] attempt to influence a voter in
regard to whom the voter shall vote for. When a voter is in the voting booth
for the purpose of voting, no other person, except as provided in [section]
sections 11-139 and 11-132, shall be allowed to enter the booth or to be
in a position from which the person can observe how the voter votes.
No person shall take a ballot out of the [polling
place except as provided in sections 11-135 and 11-139. After voting the voter
shall leave the voting booth and deliver the voter's ballot to the precinct
official in charge of the ballot boxes. The precinct official shall make
certain that the precinct official has received the correct ballot and no other
and then shall deposit the ballot into the ballot box. No person shall look at
or ask to see the contents of the unvoted ballots. If any person having
received a ballot leaves the polling place without first delivering the ballot
to the precinct official as provided above, or wilfully exhibits the person's
ballot or the person's unvoted ballots in a special primary or primary election,
except as provided in section 11-139 and 11-132, after the ballot has been
marked, the person shall forfeit the person's right to vote, and the
chairperson of the precinct officials shall cause a record to be made of the
proceeding.] voter service center unless authorized by the chief
election officer or a designee of the chief election officer."
SECTION 20. Section 11-139, Hawaii Revised Statutes, is amended to read as follows:
"§11-139 Voting assistance. (a)
Except as otherwise provided, any voter who requires assistance [to vote at
a polling place or by absentee ballot] may be given assistance by a person
of the voter's choice. [If the voter requires assistance at a polling
place, the voter may choose to receive the assistance of two precinct officials
who are not of the same political party. Additionally, a voter needing
assistance at a polling place may choose to be handed a ballot outside the
polling place but within one hundred feet thereof or within the polling place
parking lot by the precinct officials and in their presence but in a secret
manner, mark and return the same to the precinct officials.] A person
with disabilities may be provided assistance at a voter service center pursuant
to any state or federal law relating to persons with disabilities. The
voter's employer or agent of that employer, agent of the voter's labor union,
or a candidate for any office that is listed on the ballot shall not provide
assistance. Written or oral instructions delivered via telephone, electronic
means, or mail shall not be deemed assistance prohibited by this section
provided the voter's employer or agent of that employer, agent of the voter's
labor union, or a candidate for any office listed on the ballot is not
physically present with the voter when the instructions are delivered.
[(b) If assistance is provided pursuant to
subsection (a), the precinct officials providing assistance shall enter in
writing in the record book the following:
(1) The voter's name;
(2) The fact that the voter cannot read the
names on the ballot, if that is the reason for requiring assistance, and
otherwise, the specific physical disability which requires the voter to receive
assistance; and
(3) The name or names of the person or
persons furnishing the assistance.
(c)] (b) Violation of this
section by an employer or agent of that employer, agent of the voter's labor
union, or a candidate shall constitute election fraud as provided under section
19-3."
SECTION 21. Section 11-152, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In those [precincts] elections
using the electronic voting system, the ballots shall be taken in the sealed
ballot [boxes] containers to the counting center according to the
procedure and schedule [promulgated] adopted by the chief
election officer to promote the security of the ballots. In the presence of
official observers, counting center employees may start to count the ballots [prior
to the closing of the polls] before election day; provided that
there shall be no printout by the computer or other disclosure of the number of
votes cast for a candidate or on a question [prior to] before the
[closing of the polls. For the purposes of this section, the closing of the
polls is that] time identified in section 11-131 as the closing hour of
voting."
SECTION 22. Section 11-153, Hawaii Revised Statutes, is amended to read as follows:
"§11-153 More or [less] fewer
ballots than recorded. (a) If there are more ballots than [the poll
book] documented usage indicates, this shall be an overage and if [less]
fewer ballots, it shall be an underage. The election officials or
counting center employees responsible for the tabulation of ballots shall make
a note of this fact on a form to be provided by the chief election officer.
The form recording the overage or underage shall be sent directly to the chief
election officer or the clerk in county elections separate and apart from the
other election records.
(b) If the electronic voting system is being
used in an election, the overage or underage shall be recorded after the
tabulation of the ballots. In an election using the paper ballot voting
system, the [precinct officials] chief election officer or the chief
election officer's designees shall proceed to count the votes cast for each
candidate or on a question after recording the overage or underage.
(c) The chief election officer or the clerk
shall make a list of all [precincts] districts in which an
overage or underage occurred and the amount of the overage or underage. This
list shall be filed and kept as a public record in the office of the chief
election officer or the clerk in county elections [and the clerk's office in
counties other than the city and county of Honolulu in elections involving state
candidates].
An election contest may be brought under part XI, if the overage or underage in any district could affect the outcome of an election."
SECTION 23. Section 11-154, Hawaii Revised Statutes, is amended to read as follows:
"§11-154 Records, etc.; disposition.
[The final duty of the precinct officials in the operation of the
precinct shall be to gather all records and supplies delivered to them and
return them to the sending official, either the chief election officer or the
county clerk.]
The voted ballots shall be kept secure and
handled only in the presence of representatives not of the same political party
or official observers in accordance with [regulations promulgated]
rules adopted for the various voting systems. After all the ballots
have been tabulated they shall be sealed in containers. Thereafter these
containers shall be unsealed and resealed only as prescribed by rules [and
regulations] governing the elections.
The ballots and other election records may be
destroyed by the chief election officer or [county] clerk when all
elected candidates have been certified by the chief election officer, or in the
case of candidates for county offices, by the [county] clerk[.] and
after compliance with retention schedules of applicable federal law."
SECTION 24. Section 11-157, Hawaii Revised Statutes, is amended to read as follows:
"§11-157 In case of tie. In case
of the failure of an election by reason of the equality of vote between two or
more candidates, the tie shall be decided by the chief election officer or [county]
clerk in the case of county elections [in accordance with the following
procedure:
(1) In the case of an election involving a
seat for the senate, house of representatives, or county council where only
voters within a specified district are allowed to cast a vote, the winner shall
be declared as follows:
(A) For each precinct in the
affected district, an election rate point shall be calculated by dividing the
total voter turnout in that precinct by the total voter turnout in the
district. For the purpose of this subparagraph, the absentee votes cast for
the affected district shall be treated as a precinct. The election rate point
shall be calculated by dividing the total absentee votes cast for the affected
district by the total voter turnout in that district. All election rate points
shall be expressed as decimal fractions rounded to the nearest hundred
thousandth;
(B) The candidate with the highest
number of votes in a precinct shall be allocated the election rate point
calculated under subparagraph (A) for that precinct. In the event that two or
more persons are tied in receiving the highest number of votes for that
precinct, the election rate point shall be equally apportioned among those
candidates involved in that precinct tie;
(C) After the election rate points
calculated under subparagraph (A) for all the precincts have been allocated as
provided under subparagraph (B), the election rate points allocated to each
candidate shall be tallied and the candidate with the highest election rate
point total shall be declared the winner; and
(D) If there is a tie between two or
more candidates in the election rate point total, the candidate who is
allocated the highest election rate points from the precinct with the largest
voter turnout shall be declared the winner;
(2) In the case of an election involving a
federal office or an elective office where the voters in the entire State or in
an entire county are allowed to cast a vote, the winner shall be declared as
follows:
(A) For each representative district
in the State or county, as the case may be, an election rate point shall be
calculated by dividing the total voter turnout in that representative district
by the total voter turnout in the state, county, or federal office district, as
the case may be; provided that for purposes of this subparagraph:
(i) The absentee votes cast for a
statewide, countywide, or federal office shall be treated as a separate
representative district and the election rate point shall be calculated by
dividing the total absentee votes cast for the statewide, countywide, or
federal office by the total voter turnout in the state, county, or federal
office district, as the case may be; and
(ii) The overseas votes cast for any
election in the State for a federal office shall be treated as a separate
representative district and the election rate point shall be calculated by
dividing the total number of overseas votes cast for the affected federal
office by the total voter turnout in the affected federal office district. The
term "overseas votes" means those votes cast by absentee ballots for
a presidential election as provided in section 15-3.
All election rate points shall be
expressed as decimal fractions rounded to the nearest hundred thousandth;
(B) The candidate with the highest
number of votes in a representative district shall be allocated the election
rate point calculated under subparagraph (A) for that district. In the event
that two or more persons are tied in receiving the highest number of votes for
that district, the election rate point shall be equally apportioned among those
candidates involved in that district tie;
(C) After the election rate points
calculated under subparagraph (A) for all the precincts have been allocated as
prescribed under subparagraph (B), the election rate points allocated to each
candidate shall be tallied and the candidate with the highest election rate
point total shall be declared the winner; and
(D) If there is a tie between two or
more candidates in the election rate point total, the candidate who is
allocated the highest election rate points from the representative district
with the largest voter turnout shall be declared the winner.] by lot."
SECTION 25. Section 11-173.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In primary and special primary
election contests, and county election contests held concurrently with a
regularly scheduled primary or special primary election, the complaint shall be
filed in the office of the clerk of the supreme court not later than 4:30 p.m.
on the [sixth] thirteenth day after a primary or special primary
election, or county election contests held concurrently with a regularly
scheduled primary or special primary election, and shall be accompanied by a
deposit for costs of court as established by rules of the supreme court. The
clerk shall issue to the defendants named in the complaint a summons to appear
before the supreme court not later than 4:30 p.m. on the fifth day after
service thereof."
SECTION 26. Section 15-4, Hawaii Revised Statutes, is amended to read as follows:
"§15-4 Request for absentee ballot.
[(a)] Any person registered to vote who
is unable to receive a ballot at the person's voter registration address of
record 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]
before 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 last four digits of the
person's social security number[,] or the person's driver's license
number; date of birth[,]; and the address under which the
person is registered to vote. The request shall also include the temporary
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.
[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.
(b) Notwithstanding subsection (a), the
respective clerk shall be allowed to conduct an absentee ballot-only election
and may mail an absentee ballot for each primary, special primary, special,
general, and special general election to each registered voter who resides in
the county of Kalawao or on any island of a county with a population of less
than one hundred eighty thousand, except for the island where the county seat
of government is located. The chief election officer may adopt rules to carry
out this subsection.
(c) Notwithstanding any law to the
contrary, in the event there are fewer than five hundred registered voters as
of the preceding general election in an area covered by a unique ballot type,
the clerk shall mail an absentee ballot to each registered voter who resides in
such an area, if the chief election officer, or the clerk in a county only
election, determines that an election day polling place will not be established
for such voters.
(d) For the purposes of this section,
"ballot type" means the unique ballot containing the contests,
questions, or issues that will be used by the voters of a specific area.
(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. Subject to the conditions of subsection (a), a
permanent absentee voter may also request from the clerk that the voter's
ballot be forwarded temporarily to an address other than the permanent absentee
mailing address originally requested, 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 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 temporary
request under this subsection, the clerk shall resume mailing the voter's
ballots to the permanent absentee mailing address originally requested under
subsection (a).
(f) The chief election officer shall inform
voters of the option of applying for permanent absentee voter status and shall
provide any necessary form to request the permanent absentee ballot option to
any registered voter requesting an absentee ballot and any person applying to
register to vote.
(g) A permanent absentee voter shall be
responsible for informing the clerk of any changes to personal information,
including changes to the voter's forwarding address.
(h) Except as provided in subsection (c), a
voter's permanent absentee voter status 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.
(i) If a voter's permanent absentee voter
status 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).] Upon the completion of the election or elections covered by the voter's
temporary request under this section, the clerk shall resume mailing the
voter's ballot package to the mailing address noted within the voter's
registration record."
SECTION 27. Section 15-6.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§15-6.5[]] Absentee
postage. The mailed distribution and return of absentee ballots shall be
at no cost to the voter. The State and counties shall share in the cost of all
postage associated with the distribution and return of absentee ballots
pursuant to sections 11-182[,] and 11-183, [and 11-184,]
if the costs are not covered by the federal government."
SECTION 28. 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] close
of election day[;] in accordance with section 11-131; or
(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] close
of 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.] in accordance with section 11-131.
(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.
(c) [Prior to] Before opening
the return and ballot envelopes and counting the ballots, 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] requirement
listed in subsection (c) is not met or if the return or ballot envelope
appears to be tampered with, the clerk or the absentee ballot team official
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 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.]"
SECTION 29. 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.]"
SECTION 30. Section 15D-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§15D-3[]]
Elections covered. The voting procedures in this chapter apply to:
(1) A general, special, or primary election for federal office;
(2) A general, special, or primary election for statewide or state legislative office or state ballot measure; and
(3) A general, special, recall, primary, or runoff
election for local government office or local ballot measure conducted under [section
11-91.5] part of chapter 11 for which
absentee voting or voting by mail is available for other voters."
SECTION 31. Section 16-25, Hawaii Revised Statutes, is amended to read as follows:
"§16-25 Order and method of counting.
Each ballot shall be counted and finished as to all the candidates thereon
before counting a second and subsequent ballots. [Except as provided in
section 11-71, the] The ballots shall be counted by teams in the
following manner only: by one [precinct] election official
announcing the vote in a loud clear voice, one [precinct] election
official tallying the vote, one [precinct] election official
watching the [precinct] election official announcing the vote and
one [precinct] election official watching the [precinct] election
official tallying the vote. The [precinct] election official
doing the announcing or tallying and the [precinct] election
official watching that official shall not be of the same political party."
SECTION 32. Section 16-43, Hawaii Revised Statutes, is amended to read as follows:
"§16-43 Ballot handling. In every
case where the 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 be handled in the
presence of not less than two officials assigned in accordance with [sections
11-71 and 11-72 or] section 16-45."
SECTION 33. 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[.];
provided that the replacement ballot may not be counted until reviewed by at
least two official observers. The defective ballots shall be segregated
and the replacement ballots counted pursuant to rules [promulgated] adopted
by the chief election officer."
SECTION 34. Section 19-6, Hawaii Revised Statutes, is amended to read as follows:
"§19-6 Misdemeanors. The following persons shall be guilty of a misdemeanor:
(1) Any person who offers any bribe or makes any promise of gain, or with knowledge of the same permits any person to offer any bribe or make any promise of gain for the person's benefit to any voter to induce the voter to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after the signing;
(2) Any person who wilfully tears down [or],
destroys, or defaces any election proclamation [or any],
poster [or], notice [or], list of voters [or],
visual aids, or facsimile ballot, issued or posted by authority of law;
(3) Any person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness, or color to the official ballot so that it could be cast or counted as an official ballot in an election;
(4) Every person who is disorderly or creates a
disturbance whereby any meeting of the [precinct officials or the] board
of registration of voters during an election is disturbed or interfered with;
or whereby any person who intends to be lawfully present at any meeting or
election is prevented from attending; or who causes any disturbance at any
election; and every person assisting or aiding or abetting any disturbance;
(5) Every person who, either in person or through another, in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the board of registration of voters, or in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election;
(6) Any person, other than those designated by section 11-132, who remains or loiters within the area set aside for voting as set forth in section 11-132 during the time appointed for voting;
(7) Any person, including candidates carrying on any
campaign activities within the area described in section 11-132 during the
period of time starting one hour before [the polling place] voting
opens and ending when [the polling place] voting closes for the
purpose of influencing votes. Campaign activities shall include the following:
(A) Any distribution, circulation, carrying, holding, posting, or staking of campaign cards, pamphlets, posters and other literature;
(B) The use of public address systems and other public communication media;
(C) The use of motor caravans or parades; and
(D) The use of entertainment troupes or the free distribution of goods and services;
(8) Any person who opens a return envelope containing
[an]:
(A) An absentee ballot voted under chapter 15 other than those persons authorized to do so under chapter 15; or
(B) A ballot voted by mail under part of chapter 11 other than those persons authorized to do so under part of chapter 11;
(9) Any unauthorized person found in possession of any voting machine or keys thereof; and
(10) Every person who wilfully violates or fails to
obey any of the provisions of law, punishment for which is not otherwise specified
in this chapter [specially provided for]."
SECTION 35. Section 11-71, Hawaii Revised Statutes, is repealed.
["§11-71 Precinct officials;
precinct requirements. There shall be not less than three precinct
officials for each precinct one of whom shall be the chairperson; provided that
in precincts where more than one voting unit has been established, there shall
be three precinct officials for each unit. The chairperson of precinct
officials shall have authority in all units of the precinct.
In all precincts, the chief election officer
may assign additional precinct officials, at least one of whom may be
designated a voter assistance official.
So far as reasonably practicable, excepting
the chairperson, not more than fifty per cent of the precinct officials in any
precinct shall be of the same political party."]
SECTION 36. Section 11-72, Hawaii Revised Statutes, is repealed.
["§11-72 Precinct officials;
submission of names and assignment; vacancies. (a) All
qualified political parties shall submit names for precinct officials to the
chief election officer not later than 4:30 p.m. on the sixtieth day prior to
the close of filing for any primary, special primary, or special election. All
precinct officials shall be able to read and write the English language. If
any party fails to submit the required names by the above deadline, or names
sufficient to fill the positions to which it would be entitled, assignment of
positions to which the party would otherwise be entitled pursuant to subsection
(b), may be made without regard to party affiliation.
(b) In assigning the precinct officials,
the following criteria shall be followed:
(1) The precinct officials shall be
registered voters of the precinct in which they serve; but if qualified persons
in the precinct or representative district are not readily available to serve,
they may be chosen from without the precinct or representative district, or if
qualified persons either in or without the precinct or representative district are
not available to serve, the chief election officer may designate precinct
officials who are not registered voters if the persons so designated are
otherwise qualified and shall have attained the age of sixteen years on or
before June 30, of the year of the election in which they are appointed to
work;
(2) The chief election officer may
designate more precinct officials than are needed in order to create a pool of
qualified precinct officials who may be assigned to fill vacancies or to
perform their duties as needed in any precinct;
(3) No parent, spouse, reciprocal
beneficiary, child, or sibling of a candidate shall be eligible to serve as a
precinct official in any precinct in which votes may be cast for the candidate;
nor shall any candidate for any elective office be eligible to serve as a
precinct official in the same election in which the person is a candidate. No
candidate who failed to be nominated in the primary or special primary election
shall be eligible to serve as a precinct official in the general election next
following; and
(4) The chairperson of the precinct
officials shall be the first named precinct official on the list prepared by
the chief election officer. The remainder of the precinct officials shall be
apportioned as follows:
(A) The total votes cast, except
those cast for nonpartisan candidates, for all of the following offices that
were on the ballot in the next preceding general election shall be divided into
the total votes cast for all the candidates of each party for these offices:
president and vice-president, United States senator, United States
representative, governor and lieutenant governor, state senator, and state
representative;
(B) If a party's proportion of votes
cast exceeds fifty per cent, its share shall be one-half of the precinct
officials. The remaining one-half shall be divided among the remaining parties
in proportion to their respective total of votes cast for the offices set forth
in subparagraph (A);
(C) In the case of the above
division resulting in parties having fractional positions, a whole position
shall go to the party with the larger number of votes cast; and
(D) Newly qualified parties may be
assigned up to ten per cent of the total positions available at the discretion
of the chief election officer.
(c) In the recruitment and placement of
precinct officials, any or all of the requirements of subsection (b) may be
waived by the chief election officer if it is determined that minority language
assistance or other special needs warrant such waiver, except as provided in
subsection (b)(3).
(d) In case of inability, failure, or
refusal of any person so assigned to serve as a precinct official, the chief
election officer shall appoint a person to fill the vacancy."]
SECTION 37. Section 11-73, Hawaii Revised Statutes, is repealed.
["§11-73 Instruction of precinct
officials. Prior to any election, the chief election officer or
clerk in county elections shall conduct a school of instruction, if deemed
necessary, for persons designated as prospective precinct officials of
precincts. They shall notify the precinct officials of the time and the place
of the school of instruction.
All prospective precinct officials shall
attend a school of instruction. The chairperson of the precinct officials
shall be required to also attend a refresher course before each election. It
shall be at the discretion of the chief election officer or the county clerk in
county elections to require those precinct officials with previous training to
attend a school of instruction prior to each election.
No precinct official shall serve unless the
official has received instruction and has been certified by the authorized
instructor to that effect. This section shall not prevent the assignment of a
person who has not received such instruction or such certificate but who is
otherwise qualified, to fill a vacancy among precinct officials when a
qualified certified person is not available. Periodic recertification shall be
required."]
SECTION 38. Section 11-74, Hawaii Revised Statutes, is repealed.
["§11-74 Meetings of precinct
officials; procedure; oaths. The chairperson of the precinct
officials shall preside at all meetings of the precinct officials. Any
decision of the precinct officials shall require a majority vote of the
precinct officials in the unit or precinct.
In all cases under this title, where duties
are to be performed by the chairperson of the precinct officials, the duties
may be performed by one of the other precinct officials, whenever the chairperson
is temporarily absent or is otherwise for the time being unable to perform the
duties.
Each precinct official may administer any
oath in this title provided to be administered by the precinct officials."]
SECTION 39. Section 11-75, Hawaii Revised Statutes, is repealed.
["§11-75 Duties of precinct
officials. The duties of the precinct officials shall vary with the
voting system in use in the precinct. The duties for the particular system
shall be assigned by the chief election officer by regulations adopted for such
purpose."]
SECTION 40. Section 11-91.5, Hawaii Revised Statutes, is repealed.
["§11-91.5 Federal, state, and
county elections by mail. (a) Any federal, state, or county
election held other than on the date of a regularly scheduled primary or
general election may be conducted by mail.
(b) The chief election officer shall
determine whether a federal or state election, other than a regularly scheduled
primary or general election, may be conducted by mail or at polling places.
(c) The county clerk shall determine
whether a county election, held other than on the date of a regularly scheduled
primary or general election, may be conducted by mail or at polling places. An
election by mail in the county shall be under the supervision of the county
clerk.
(d) Any ballot cast by mail under this
section shall be subject to the provisions applicable to absentee ballots under
sections 11-139 and 15-6.
(e) The chief election officer shall adopt
rules pursuant to chapter 91 to provide for uniformity in the conduct of
federal, state, and county elections by mail."]
SECTION 41. Section 11-92.2, Hawaii Revised Statutes, is repealed.
["§11-92.2 Multiple polling place
sites. (a) The chief election officer may establish multiple
polling place sites for contiguous precincts, notwithstanding district
boundaries, when it is convenient and readily accessible for the voters of the
precincts involved.
(b) No multiple polling place site shall be
established later than 4:30 p.m. on the tenth day prior to the close of filing
for an election."]
SECTION 42. Section 11-93, Hawaii Revised Statutes, is repealed.
["§11-93 Voting units.
Immediately after the close of registration of voters preceding any election,
the chief election officer shall establish one or more voting units in each
precinct polling place. All voting units shall be in the same precinct polling
place. In a precinct having more than one voting unit the chief election
officer or the officer's authorized representative shall designate each unit by
a uniform identification system. The clerk in preparing the list of registered
voters shall divide the list, on an alphabetical basis, as equal as possible
between or among the voting units."]
SECTION 43. Section 11-94, Hawaii Revised Statutes, is repealed.
["§11-94 Exemptions of voters on
election day. Every voter shall be privileged from arrest on
election day while at the voter's polling place and in going to and returning
therefrom, except in case of breach of the peace then committed, or in case of
treason or felony."]
SECTION 44. Section 11-95, Hawaii Revised Statutes, is repealed.
["§11-95 Employees entitled to
leave on election day for voting. (a) Any voter shall on the day
of the election be entitled to be absent from any service or employment in
which such voter is then engaged or employed for a period of not more than two
hours (excluding any lunch or rest periods) between the time of opening and
closing the polls to allow two consecutive hours in which to vote. Such voter
shall not because of such absence be liable to any penalty, nor shall there be
any rescheduling of normal hours or any deduction made, on account of the
absence from any usual salary or wages; provided that the foregoing shall not
be applicable to any employee whose hours of employment are such that the
employee has a period of two consecutive hours (excluding any lunch or rest
periods) between the time of opening and closing the polls when the employee is
not working for the employer. If, however, any employee fails to vote after
taking time off for that purpose the employer, upon verification of that fact,
may make appropriate deductions from the salary or wages of the employee for
the period during which the employee is hereunder entitled to be absent from
employment. Presentation of a voter's receipt by an employee to the employer
shall constitute proof of voting by the employee.
(b) Any person, business, or corporation
who refuses an employee the privileges conferred by this section, or subjects
an employee to a penalty or deduction of wages because of the exercise of the
privileges, or who directly or indirectly violates this section, shall be
subject to a fine of not less than $50 nor more than $300.
(c) Any action taken to impose or collect
the fines established in this section shall be a civil action."]
SECTION 45. Section 11-120, Hawaii Revised Statutes, is repealed.
["§11-120 Distribution of ballots;
record. The chief election officer or the county clerk in county
elections shall forward the official ballots, specimen ballots, and other
materials to the precinct officials of the various precincts. They shall be
delivered and kept in a secure fashion in accordance with rules and regulations
promulgated by the chief election officer. In no case shall they arrive later
than the opening of the polls on election day.
A record of the number of ballots sent to
each precinct shall be kept by the chief election officer or the clerk."]
SECTION 46. Section 11-133, Hawaii Revised Statutes, is repealed.
["§11-133 Voting booths; placement
of visual aids. The precinct officials shall provide sufficient
voting booths within the polling place at or in which the voters may
conveniently cast their ballots. The booths shall be so arranged that in casting
the ballots the voters are screened from the observation of others.
Visual aids shall be posted at or in each
voting booth and in conspicuous places outside the polling place before the
opening of the polls."]
SECTION 47. Section 11-134, Hawaii Revised Statutes, is repealed.
["§11-134 Ballot transport
containers; ballot boxes. (a) The seals of the ballot transport
containers shall be broken and opened on election day only in the presence of
at least two precinct officials not of the same political party.
(b) The chief election officer shall
provide suitable ballot boxes for each polling place needed. They shall have a
hinged lid fastened securely by a nonreusable seal. In the center of the lid
there shall be an aperture of the appropriate size for the voting system used.
The ballot boxes shall be placed at a point convenient for the deposit of
ballots and where they can be observed by the precinct officials.
(c) At the opening of the polls for
election, the chairperson of the precinct officials shall publicly open the
ballot boxes and expose them to all persons present to show that they are
empty. The ballot boxes shall be closed and sealed; they shall remain sealed
until transported to the counting center; provided that, in precincts where the
electronic voting system is used, the ballot boxes shall not be opened at the
polling places except as provided by rules adopted pursuant to chapter 91."]
SECTION 48. Section 11-135, Hawaii Revised Statutes, is repealed.
["§11-135 Early collection of
ballots. In an electronic ballot system election the chief election
officer may authorize collection of voted ballots before the closing of the
polls in order to facilitate the counting of ballots; provided that the voted
ballots shall be returned to the counting center in sealed ballot boxes."]
SECTION 49. Section 11-136, Hawaii Revised Statutes, is repealed.
["§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."]
SECTION 50. Section 11-184, Hawaii Revised Statutes, is repealed.
["§11-184 Election expenses and
responsibilities in combined state and county elections. Election
expenses in elections involving both state and county offices shall be shared
as set forth below:
(1) The State shall pay and be responsible
for:
(A) Precinct officials;
(B) Instruction of precinct
officials when initiated or approved by the chief election officer;
(C) Boards of registration;
(D) Polling place costs other than
supplies: installation rentals, ballot boxes, voting booths, custodians,
telephones, and maintenance;
(E) Other equipment such as ballot
transport containers;
(F) Temporary election employees
hired to do strictly state work; and
(G) Extraordinary voter registration
and voter education costs when approved by the chief election officer.
(2) The county shall pay and be responsible
for:
(A) Normal voter registration,
voters list maintenance, and all printing connected with voter registration,
including printing of the voters list;
(B) Temporary election employees
hired to do strictly county work;
(C) Maintenance of existing voting
machines, including parts, freight, storage, programming, and personnel;
(D) Maintenance and storage of
voting devices and other equipment; and
(E) Employees assigned to conduct
absentee polling place functions.
(3) The remaining election expenses shall
be divided in half between the State and the counties. Each county will pay a
proration of expenses as a proportion of the registered voters at the time of
the general election. These expenses shall include but not be limited to:
(A) Polling place supplies;
(B) All printing, including ballots,
but excluding printing connected with voter registration;
(C) Temporary election employees not
including voting machine programmers doing work for both the State and county;
(D) Ballot preparation and packing;
and
(E) All other costs for which the
State or county are not specifically responsible relating to the operation of
voting machines, electronic voting systems, and other voting systems except
paper ballots to include but not be limited to real property rentals, equipment
rentals, personnel, mileage, telephones, supplies, publicity, computer
programming, and freight.
The responsibility for the above
functions shall be determined by the chief election officer where the
responsibility for such functions has not been assigned by the legislature.
Any future expenses not presently incurred
under any voting system now in use or to be used shall be assigned to
paragraphs (1), (2), or (3) above by the chief election officer upon agreement
with the clerks or by the legislature."]
SECTION 51. Section 15-7, Hawaii Revised Statutes, is repealed.
["§15-7 Absentee polling place;
registration at absentee polling place. (a) Absentee polling
places shall be established at the office of the respective clerks, and may be
established at other sites as may be designated by the clerk under the
provisions prescribed in the rules adopted by the chief election officer.
Section 11-21 relating to changes and transfers of registration shall apply to
the absentee polling place as though it were the precinct at which a person's
name properly appears on the list of registered voters.
(b) The absentee polling places 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 absentee polling places shall be open on the same
date statewide, as determined by the chief election officer.
(c) A person who is eligible to vote but is
not registered to vote may register by appearing in person at the absentee
polling place for the county in which the person maintains residence.
(d) The county clerk shall designate a
registration clerk, who may be an election official, at each of the absentee
polling places established in the county.
(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 a class C felony, punishable by a fine not exceeding $1,000 or
imprisonment not exceeding five years, or both.
(f) The registration clerk may accept, as
prima facie evidence, the allegation of the person in the application regarding
the person's residence in accordance with section 11-15(b), unless the
allegation is contested by a qualified voter. The registration clerk may
demand that the person furnish substantiating evidence to the other allegations
of the person's application in accordance with section 11-15(b).
(g) Registration may be challenged in
accordance with section 11-25.
(h) Notwithstanding subsection (c),
registration pursuant to this section may be used by a person who is registered
to vote but whose name cannot be found on the precinct list for the polling
place associated with the person's residence.
(i) The clerk of each county shall add
persons who properly register at an absentee polling place to the respective
general county register. Within thirty days of registration at an absentee
polling place, the county clerk shall mail to the person a notice including the
person's name, current street address, district and precinct, and date of
registration. A notice mailed pursuant to this subsection shall serve as prima
facie evidence that the person is a registered voter as of the date of
registration."]
SECTION 52. 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 2018-2019 for the purpose of preparing for, implementing, and administering elections by mail, including voter education and public awareness programs; provided that fifty per cent of the amount shall be available to the counties in the form of grants to cover the startup and transition costs for the voting by mail implementation; provided further that the amount available to each county shall be in proportion to its respective percentage of registered voters.
The sum appropriated shall be expended or distributed to the counties by the office of elections for the purposes of this Act.
SECTION 53. No later than twenty days before the convening of each of the regular sessions of 2018, 2019, 2020, 2021, 2022, and 2023, the office of elections shall submit a report to the legislature that includes:
(1) The office's progress in implementing this Act;
(2) A summary of the office's discussions with the county clerks to determine areas of joint implementation of this Act;
(3) Any additional resources the county clerks or the office may require to implement this Act;
(4) Any developments in assistive technology that may be implemented by the State, the counties, or nonprofit associations to ensure that persons with disabilities are not, on the whole, disadvantaged by implementation of this Act, including the costs associated with such technology;
(5) Any difficulties encountered;
(6) Specific steps taken and recommendations necessary to prevent fraud and ensure the integrity of the election process; and
(7) Any other findings and recommendations, including any proposed legislation necessary to clarify and make consistent chapters 11, 12, 15, 15D, 16, and 19, Hawaii Revised Statutes, in light of the transition to statewide elections by mail.
SECTION 54. In codifying the new sections added by section 2 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 55. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 56. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 57. This Act shall take effect on January 7, 2059; provided that:
(1) Section 52 shall take effect on July 1, 2018; and
(2) Section 53 shall take effect on July 1, 2017.
Report Title:
Voting by Mail; Voter Service Centers; Places of Deposit; Appropriation
Description:
Enacts voting by mail uniformly across all counties for all elections commencing in 2020. Establishes a limited number of voter service centers that would remain open from the tenth business day preceding an election through the day of the election to receive personal delivery of mail-in ballots, accommodate voters with special needs, offer same day registration and voting, and provide other election services. Allows for additional places of deposit for personal delivery of mail-in ballots. Appropriates funds for the implementation and administration of the election by mail program. Takes effect on 1/7/2059. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
