Bill Text: HI SB548 | 2021 | Regular Session | Introduced
Bill Title: Relating To Elections By Mail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-07-07 - Act 213, on 07/06/2021 (Gov. Msg. No. 1341). [SB548 Detail]
Download: Hawaii-2021-SB548-Introduced.html
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THE SENATE |
S.B. NO. |
548 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to elections by mail.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 136, Session Laws of Hawaii 2019,
established that all elections statewide were to be conducted by mail beginning
with the 2020 primary election.
The purpose of this Act is to revise various provisions to clarify and improve the administration of elections by mail, including renaming districts as precincts, extending registration deadlines, and requiring additional voter service centers on election day.
SECTION 2. Section 8-1, Hawaii Revised Statutes, is amended to read as follows:
"§8-1 Holidays designated. The following days of each year are set apart
and established as state holidays:
The first day in January, New Year's Day;
The third Monday in January, Dr. Martin
Luther King, Jr., Day;
The third Monday in February, Presidents'
Day;
The twenty-sixth day in March, Prince Jonah
Kuhio Kalanianaole Day;
The Friday preceding Easter Sunday, Good
Friday;
The last Monday in May, Memorial Day;
The eleventh day in June, King Kamehameha I
Day;
The fourth day in July, Independence Day;
The third Friday in August, Statehood Day;
The first Monday in September, Labor Day;
The eleventh day in November, Veterans'
Day;
The fourth Thursday in November,
Thanksgiving Day;
The twenty-fifth day in December, Christmas
Day;
[All election days, except primary and
special election days, in the county wherein the election is held;]
Any day designated by proclamation by the
President of the United States or by the governor as a holiday."
SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended as follows:
1. By adding five new definitions to be appropriately inserted and to read:
""Ballot marking
device" means a device that may be used to mark a ballot or to generate a
marked ballot or ballot summary reflecting the ballot selections of the voter.
"Ballot summary" means a
complete record of ballot selections that is verified by the voter.
"Closing hour of voting"
means 7:00 p.m. Hawaii Standard Time on any election day.
"Precinct" means the smallest
political subdivision established by law.
"Provisional ballot" means a ballot and any accompanying materials issued to a voter that is segregated for review and subsequent determination of validity, in accordance with eligibility criteria and other requirements of law."
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]:
(1) A ballot summary reflecting a complete record
of the ballot selections made by a voter utilizing an HTML ballot or similar accessible
ballot that produces a ballot summary;
(2) A voter verifiable paper audit trail in the
event there is a discrepancy between a voting machine's electronic
record of the voted ballot and the voter verifiable paper audit trail; and
(3) A ballot used in an election by mail pursuant to part VIIA, 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."
3. By amending the definition of "district" to read:
""District" means, unless
otherwise specified, the district of political representation [with the
fewest eligible voters in a particular election.] associated with a state
representative."
SECTION 4. Section 11-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit.
The affidavit shall contain the following information:
(1) Name;
(2) The applicant's Hawaii driver's license number or Hawaii state identification card number; provided that:
(A) If no driver's license or identification card has been issued to the applicant, the last four digits of the applicant's social security number; and
(B) If no social security number has been issued to the applicant, an election official or county clerk shall assign the applicant a unique identification number for voter registration purposes and enroll the applicant in the State's computerized voter registration list, if any;
(3) Date of birth;
(4) Residence, including mailing address;
(5) That the residence stated in the affidavit is not simply because of the person's presence in the State, but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein; and
(6) That the person is a citizen.
[An application to register to
vote shall include a space to request a permanent absentee ballot.]"
SECTION 5. Section 11-15.2, Hawaii Revised Statutes, is amended to read as follows:
"§11-15.2 [Late registration.] Same day in-person
registration. (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 at any
voter service center on or before election day[.] or register electronically
pursuant to section 15‑3.
(b)
The clerk shall designate a registration clerk[, who may be an
election official,] at each voter service center[.
(c) The registration clerk] who 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 attempt to vote again in that election, and has not cast and will not cast any absentee ballot pursuant to chapter 15 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] $10,000 or imprisonment not exceeding
five years, or both.
[(d)] (c) 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). If additional time or information is required to
validate an application, the applicant shall be provided a provisional ballot.
[(e) Registration may be challenged in accordance
with section 11-25.
(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 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, the clerk
shall mail to the person a notice including the person's name, current street
address, district, 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 6. Section 11-17, Hawaii Revised Statutes, is amended to read as follows:
"§11-17
Removal of names from register, when; reregistration. (a)
The clerk, [no later than 4:30 p.m. on the sixtieth day] after
every general election, shall remove the [name] names of [any]
registered [voter] voters who were identified as having an outdated or
undeliverable address 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,] all
elections held during the two previous federal election cycles with
the exception of[:
(1) Those who
submitted written requests for absentee ballots as provided in section 15-4; or
(2) Anyone] 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 ballot into the
machine. In the case of an election by
mail pursuant to part VIIA, "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 VIIA.
(b)
[The] Prior to removal as noted in subsection (a), the clerk
shall [also] identify [or remove the name of any] registered
voter [if the clerk, after] names from a postal database containing outdated
or undeliverable addresses or by mailing a notice or other correspondence,
properly addressed, [with postage prepaid, receives the notice or other
correspondence as return mail with] and receiving a postal notation that
the notice or other correspondence was not deliverable. [On election day, any person identified or
removed shall have the person's name corrected or restored in the register and
shall be allowed to vote if the person completes an affidavit or other form
prescribed by the chief election officer affirming that the person:
(1) Claims the person's
legal residence at the address listed on the register;
(2) Changed the
person's legal residence after the closing of the register for that election;
or
(3) Moved to a new
residence within the same district as the person's residence as listed on the register.]
(c) Upon identification
of names of registered voters as prescribed in section (b) the clerk shall
conduct any notification mailings as required by applicable federal law.
[(c)] (d)
The clerk may also remove the name of any registered voter, if the
voter so desires and properly notifies the clerk pursuant to the procedures
established by the chief election officer.
[(d) Any person whose name has been removed from
the register, at any time prior to the closing of the register, as provided in section
11-24, may have that person's name restored in the register by presenting oneself
to the clerk and reregistering pursuant to section 11-15, or by making
application by mail or otherwise pursuant to procedures established by the
clerk. The clerk shall require
satisfactory evidence to establish the identity of the applicant. The names of all those persons shall be
reentered in the register.]"
SECTION 7. Section 11-21, Hawaii Revised Statutes, is amended by amending subsection (c) and (d) to read as follows:
"(c) Any person whose name appears on the
registered voters list whose residence has changed since the last election, and
whom the clerk has not transferred under section 11-20, may apply on a form
prescribed by the chief election officer on the day of the election for
transfer of registration to the [district] precinct of the new
residence. Any person so transferring
voter registration shall be immediately added to the register of the new [district.]
precinct.
(d)
Where a person was incorrectly placed on a list of voters of a [district]
precinct in which the person does not actually reside, the person may
correct the registration."
SECTION 8. Section 11-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The clerk shall correct the register if at
any time it shall be manifest to the clerk that the name of a person registered
has been accidentally misspelled, or that the person has been misnamed therein,
or that the person has been accidentally registered under the wrong [district,]
precinct, or that the person was accidentally removed pursuant to
section 11-17(a), or that the name of the person should be corrected or
restored pursuant to section 11-17(b)."
SECTION 9. Section 11-23, Hawaii Revised Statutes, is amended to read as follows:
"§11-23 Changing register;
striking names of disqualified voters.
(a) Whenever the clerk receives
from the department of health or any informing agency, information of the
death, loss of voting rights of a person sentenced for a felony as provided in
section 831-2, adjudication as an incapacitated person under the provisions of
chapter 560, loss of citizenship, or any other disqualification to vote, [of
any person registered to vote in that county, or who the clerk has reason to
believe may be registered to vote therein, the clerk shall thereupon make such
investigation as may be necessary to prove or disprove the information, giving
the person concerned, if available, notice and an opportunity to be heard. If after the investigation the clerk finds
that the person is dead, or incapacitated to the extent that the person lacks
sufficient understanding or capacity to make or communicate responsible
decisions concerning voting, or has lost voting rights pursuant to section
831-2, or has lost citizenship, or is disqualified for any other reason to
vote, the clerk shall remove the name of the person from the register.
(b) The clerk shall make and keep an index of all
information furnished to the clerk under any requirements of law concerning any
of the matters in this section. Whenever
any person applies to register as a voter, the clerk shall, before registering
the person, consult the index for the purpose of ascertaining whether or not
the person is in any manner disqualified to vote.] the
clerk may accept the reported information as prima facie evidence to maintain and
update the general register.
Any person whose name is removed from the register of voters under this
section may re-register to vote or appeal in the manner provided by
sections 11-26 and 11-51, and such proceedings shall be had upon the appeal as
in other appeals under these sections."
SECTION 10. Section 11-24, Hawaii Revised Statutes, is amended to read as follows:
"§11-24 Closing register. (a) At
4:30 p.m. on the [thirtieth] tenth day prior to each [primary,
special primary, or special] election, but if the day is a Saturday,
Sunday, or holiday then at 4:30 p.m. on the first working day immediately
thereafter, the general county register shall be closed to registration for
persons seeking to vote [at the primary, special primary, or special
election] and remain closed to registration until after the election,
subject to change only as provided in sections 11-15.2, 11-21(c), 11-22,
11-25, 11-26, and this section.
(b)
Notwithstanding the [closing of the register for registration to vote
at the primary or special primary election, the register shall remain open for
the registration of persons seeking to vote at the general or special general election,
until 4:30 p.m. on the thirtieth day prior to the general or special general
election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on
the first working day immediately thereafter, at the end of which period the
general county register shall be closed to registration and remain closed until
after the general or special general election next following, subject to change
only as provided in sections 11-21(c), 11-22, 11-25, and 11-26.] time of
closing the
general county registrar under subsection (a), the clerk may accept an application
submitted on the tenth day if it was received electronically in accordance with
section 11-15.3 or received as part of a drivers licensing transaction. The clerk shall also accept an application that
is postmarked prior to or on the tenth day before the election."
SECTION 11. Section 11-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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. 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 immediately serve notice thereof on the person challenged. The clerk shall, as soon as possible, investigate and rule on the challenge."
SECTION 12. Section 11-26, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) In cases where the clerk, or [precinct]
voter service center officials, rules on a challenge on election day,
the person ruled against may appeal from the ruling to the board of
registration of the person's county for review under part III. The appeal shall be brought before the
challenger and challenged party leave the [polling place.] voter service
center. If an appeal is brought,
both the challenger and the challenged voter may be parties to the appeal."
2. By amending subsection (c) to read:
"(c) If the appeal is sustained, the board shall immediately
certify that finding to the clerk, who shall thereupon alter the register to
correspond to the findings of the board, and when necessary, the clerk shall
notify the [precinct] voter service center officials of the
change in the register."
SECTION 13. Section 11-92.1, Hawaii Revised Statutes, is amended to read as follows:
"§11-92.1 Election proclamation; establishment
of a new precinct; voter service centers and places of deposit; changes to [district]
precinct boundaries. (a) The chief election officer shall issue a
proclamation listing all voter service centers and places of deposit as may have
been determined by the clerk as of the proclamation date[.] and whenever
a new precinct is established in any representative district. The clerk shall make arrangements for the
rental or erection of suitable shelter for the establishment of a voter service
center whenever public buildings are not available and shall cause these 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.
(b)
No change shall be made in the boundaries of any [district] precinct
later than 4:30 p.m. on the tenth day before the close of filing for an
election.
(c)
Notwithstanding subsection (a), and pursuant to section 15-2.5, the clerk
is not required to establish voter service centers for [districts] precincts
affected by natural disasters, as provided in section 15-2.5."
SECTION 14. Section 11-92.3, Hawaii Revised Statutes, is amended to read as follows:
"§11-92.3 Natural disasters;
postponement; consolidation of [districts;] precincts; special
elections. (a) In the event of a flood, tsunami, earthquake,
volcanic eruption, high wind, or other natural disaster, occurring before an
election where the extent of damage caused 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 clerk in the case
of county elections may postpone the conducting of an election in the affected [area]
precinct for no more than twenty-one days; provided that any 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 clerk in the case of county elections shall give notice of the postponement
by whatever possible news or broadcast media are available.
(b)
In the event the chief election officer or the 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 [districts,] precincts, the [districts] precincts
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 [districts.] precincts.
A special, special primary, or
special general election [district] precinct shall be considered
the same as an established [district] precinct for all purposes. No later than 4:30 p.m. on the tenth day before
the special, special primary, or special general election, the chief election
officer or the 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 [districts.] precincts."
SECTION 15. Section 11-101, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-101[]] 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. A voter in an election conducted by mail shall not be
precluded from voting by absentee ballot under chapters 15 or 15D, if the voter
complies with the applicable requirements."
SECTION 16. Section 11-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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 register to vote no
later than ten days before the date of the election and to voters who
update their voter registration address no later than [fourteen] seven
days before the date of the election[.] and who have not yet voted; provided that the clerk
may continue mailing ballot packages beyond the deadlines established by this
subsection if the clerk determines that there is reasonable time for a voter to
receive and submit the ballot package before 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 mailing
address. Nothing in this part shall be
construed to change the responsibilities of the clerk or chief election officer
under chapter
15 with respect to voters requesting to vote by absentee ballot or
chapter 15D with respect to uniform military and overseas voters."
SECTION 17. Section 11-104, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(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 or secrecy sleeve;
(3) Inserting the secrecy envelope or secrecy sleeve with the marked ballot in the return identification envelope; and
(4) Signing the affirmation on the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot. The affirmation shall consist of a statement to be subscribed to by the voter that affirms the fact that the voter is the person voting and that the voter's employer or agent of the employer, agent of the voter's labor union, or any candidate listed on the ballot did not assist the voter, as described in section 11-139, along with the instruction that the voter's ballot will be valid only if the affirmation statement is signed."
2. By amending subsection (c) to read:
"(c) To cast a valid ballot, the voter shall return the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot:
(1) [By mail so]
In any manner so that the return identification envelope is received [at
the office of] by the clerk or the clerk's designee no later
than the closing [time provided in] hour of voting as defined in
section [11-131 on the date of the election;] 11-1; provided that anyone
who is standing in line at 7:00 p.m. on the date of the election with the intent
of returning a ballot shall be permitted to do so;
(2) [By personal
delivery at] In any manner to any place of deposit no later than [7:00
p.m. on the date of the election;] the closing hour of voting; provided
that [any voter] anyone who is standing in line at a place of
deposit at 7:00 p.m. on the date of the election with the intent of returning a
ballot [and casting a vote] shall be [allowed to vote;]
permitted to do so; or
(3) [By personal
delivery] In any manner to any voter service center no later than the closing [time provided in section 11-131
on the date of the election;] hour of voting; provided that [any
voter] anyone who is standing in line at a voter service center at
the closing time provided in section 11-131 on the date of the election with
the intent of returning a ballot [and casting a vote] shall be [allowed
to vote.] permitted to do so."
SECTION 18. Section 11-105, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Upon receipt of a completed replacement ballot
application form[,] or request, 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 or secrecy sleeve 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 closing time provided in section 11-131 on the date of the
election;
(2) By personal delivery
to any place of deposit no later than 7:00 p.m. on the date of the election;
provided that any voter who is standing in line at a place of deposit at 7:00
p.m. on the date of the election with the intent of returning a ballot and
casting a vote shall be allowed to vote; or
(3) By personal
delivery to any voter service center no later than the closing time provided in
section 11-131 on the date of the election; provided that any voter who is
standing in line at a voter service center at the closing time provided in
section 11-131 on the date of the election with the intent of returning a
ballot and casting a vote shall be allowed to vote.] in the same manner as
provided in section 11-104(c)."
SECTION 19. Section 11-106, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-106[]] 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] seven 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. This section shall apply to all return identification envelopes,
including ballots utilizing the provisions of section 11-107, chapter 15, or chapter
15D."
SECTION 20. Section 11-107, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-107[]] Electronic transmission under certain
circumstances. (a) If a ballot package is not received by a
voter by the fifth day before the date of the 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[; provided
that a voter with special needs may request that a ballot be forwarded by
electronic transmission at any time].
Upon receipt of such a request and confirmation that [proper application
was made,] the voter has not already voted, the clerk may transmit
the appropriate ballot, [together with a form containing the affirmations,]
voting information, and a waiver of the right to secrecy under section
11-137. The waiver of the right to secrecy shall not be required if the voted
ballot is returned in a signed ballot return identification envelope issued to
the voter pursuant to section 11-102.
(b) The voter may return the completed replacement ballot and executed forms:
(1) By electronic
transmission so that the completed replacement ballot and executed forms are
received [at the office of] by the clerk or the clerk's designee
no later than the closing [time] hour of voting provided in section
[11-131 on the date of the election;] 11-1; or
(2) [By mail so
that the completed replacement ballot and executed forms are received at the
office of the clerk no later than the closing time provided in section 11-131
on the date of the election;
(3) By personal
delivery to any place of deposit no later than 7:00 p.m. on the date of the
election; provided that any voter who is standing in line at a place of deposit
at 7:00 p.m. on the date of the election with the intent of returning a ballot
and casting a vote shall be allowed to vote; or
(4) By personal
delivery to a voter service center no later than the closing time provided in
section 11-131 on the date of the election; provided that any voter who is
standing in line at a voter service center at the closing time provided in
section 11-131 on the date of the election with the intent of returning a
ballot and casting a vote shall be allowed to vote.] In the same manner as
provided in section 11-104.
(c) A voter with special needs may request that a
ballot be forwarded by electronic transmission at any time, but no earlier than
the date that the voter's initial ballot package was or would have been
transmitted. Upon receipt of such
a request and confirmation that the voter has not already voted, the clerk may transmit the
appropriate ballot, voting information, and a means of electronic authentication
that does not include the voter's hand written signature or a waiver of secrecy.
The special needs voter may return the
completed ballot and executed forms by any of the methods specified in subsection
(b); provided that the voter's hand written signature or a waiver of secrecy shall
not be required.
[(c)] (d) 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.
(e) The clerk may maintain a listing of voters with special needs that utilize a ballot forwarded by electronic transmission to facilitate the provision of voting services in subsequent elections."
SECTION 21. Section 11-108, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
Any ballot the validity of which cannot be established upon receipt
shall be retained by the clerk and shall not be commingled with ballots for
which validity has been established until the validity of the ballot in
question can be verified by the clerk.
No ballot shall be included in an initial tabulation until the clerk has
determined its validity. The clerk shall
make reasonable efforts to determine the validity of ballots within [seven]
ten days following an election day. No ballot shall
be validated beyond the tenth day following an election."
SECTION 22. Section 11-109, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) [Voter] A voter
service [centers] center 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.] in each county that shall be open from
the tenth business day preceding the day of the election during regular
business hours and until the
closing hour of voting on the date of the election.
(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.] The clerks may operate additional voter services centers
with varying days or hours of operations to service the voters of particular
areas that otherwise could not support the operation of a voter service center
for ten business days or the same times statewide; provided
that on election day the clerk of any county with a population less than
500,000 shall operate one additional voter service center on each island of at least
1,000 inhabitants and the clerk of any county with a population of 500,000 or
more shall operate three additional voter service centers, one of which shall be
on the Windward side; provided further that on election day all additional
voter service centers shall be open until 7:00 p.m. Anyone standing in line at a voter service
center at the closing
hour of voting on the date of the election with the intent of voting shall be
permitted to do so. A person eligible to
vote but who is not registered to vote standing in line at a voter service
center at the closing hour of
voting on the date of the election shall be permitted to apply under
section 11-15.2 to register to vote and subsequently vote that election day. To the extent the registration clerk
determines the applicant to be registered at that time, the applicant will be
permitted to vote a regular ballot. If
additional time is required to process the application, the applicant will be
provided a provisional ballot."
2. By
amending subsection (d) to read:
"(d)
The clerks may designate and provide for places of deposit to be open [five
business days before the election until 7:00 p.m. on the day of the election;]
as early as the mailing of ballots by the clerks; 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."
SECTION 23. Section 11-117, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) On receipt of the notice of death, withdrawal,
or upon determination of disqualification, the chief election officer or the
clerk shall inform the chairperson of the political party of which the person
deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is
disqualified after the close of filing and the ballots have been printed, the
chief election officer or the clerk may order the candidate's name stricken
from the ballot or order that a notice of the death, withdrawal, or
disqualification be prominently posted at the appropriate [polling places]
voter service centers on election day."
SECTION 24. Section 11-131,
Hawaii Revised Statutes, is amended to read as follows:
"§11-131 Voter service center hours. The hours of voting at voter service centers shall be:
(1) Regular business hours as prescribed in section 11-109 and by the clerk; and
(2) On an election
day, from 7:00 a.m. until [7:00 p.m. of that day.] the closing hour of
voting as defined in section 11-1.
If, at [7:00 p.m. on an election day,] the
closing hour of voting, any voter is standing in line at a voter service
center with the desire of entering and voting, but due to the voter service
center being overcrowded has been unable to do so, the voter shall be allowed to
vote. No voter shall be permitted to
enter or join the line after the prescribed hours of voting specified in this section."
SECTION 25. Section 11-138, Hawaii Revised Statutes, is amended to read as follows:
"§11-138 Time allowed voters. A voter shall be allowed to remain in the
voting booth for five minutes, and having voted the voter shall at once emerge
and leave the voting booth. If the voter
refuses to leave when so requested by a majority of [precinct] voter service
center officials after the lapse of five minutes, the voter shall be
removed by the [precinct] voter service center officials."
SECTION 26. Section 11-153, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The chief election officer or the clerk shall
make a list of all [districts] precincts 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.
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 27. Section 11-155, Hawaii Revised Statutes, is amended to read as follows:
"§11-155 Certification of results of election. On receipt of certified tabulations from the election officials concerned, the chief election officer, or county clerk in a county election, shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following:
(1) The results of the canvass of ballots conducted pursuant to chapter 16;
(2) The audit of [pollbooks
(and related record books)] records and resultant overage and
underage report;
(3) The audit results of the manual audit team;
[(4) The results of
the absentee ballot reconciliation report compiled by the clerks;
(5)] (4) The results of any mandatory recount of
votes conducted pursuant to section 11-158; and
[(6)] (5) All logs, tally sheets, and other
documents generated during the election and in the canvass of the election
results.
A certificate of election or a certificate of
results declaring the results of the election as of election day shall be
issued pursuant to section 11-156; provided that in the event of an overage or
underage, a list of all precincts in which an overage or underage occurred
shall be attached to the certificate.
The number of candidates to be elected receiving the highest number of
votes in any election district shall be declared to be elected. Unless otherwise provided, the term of office
shall begin or end as of the close of [polls] voter service centers
on election day. The position on the
question receiving the appropriate majority of the votes cast shall be
reflected in a certificate of results issued pursuant to section 11-156."
SECTION 28. Section 11-172, Hawaii Revised Statutes, is amended to read as follows:
"§11-172 Contests for cause;
generally. With respect to any
election, any candidate, or qualified political party directly interested, or
any thirty voters of any election district, may file a complaint in the supreme
court. The complaint shall set forth any
cause or causes, such as but not limited to, provable fraud, overages, or
underages, that could cause a difference in the election results. The complaint shall also set forth any reasons
for reversing, correcting, or changing the decisions of the [precinct] voter
service center officials or the officials at a counting center in an
election using the electronic voting system.
A copy of the complaint shall be delivered to the chief election officer
or the clerk in the case of county elections."
SECTION 29. Section 11-174.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In cases involving general, special general, special, or runoff elections the complaint shall be heard by the supreme court in which the complaint was filed as soon as it reasonably may be heard. On the return day, the court, upon its motion or otherwise, may direct summons to be issued to any person who may be interested in the result of the proceedings.
At the hearing, the court shall cause
the evidence to be reduced to writing and shall give judgment, stating all
findings of fact and of law. The
judgment may invalidate the general, special general, special, or runoff
election on the grounds that a correct result cannot be ascertained because of
a mistake or fraud on the part of the [precinct] voter service center
officials; or decide that a certain candidate, or certain candidates, received
a majority or plurality of votes cast and were elected. If the judgment should be that the general,
special general, special, or runoff election was invalid, a certified copy
thereof shall be filed with the governor, and the governor shall duly call a
new election to be held not later than one hundred twenty days after the judgment
is filed. If the court shall decide
which candidate or candidates have been elected, a copy of that judgment shall
be served on the chief election officer or county clerk, who shall sign and
deliver to the candidate or candidates certificates of election, and the same
shall be conclusive of the right of the candidate or candidates to the offices."
SECTION 30. Section 15-2, Hawaii Revised Statutes, is amended to read as follows:
"§15-2 Who may vote by absentee ballot. Any person registered to vote may cast an absentee ballot in any election, including an election conducted by mail, in the manner provided in this chapter and rules adopted by the chief election officer."
SECTION 31. Section 15-2.5, Hawaii Revised Statutes, is amended by amending its title and subsections (a) and (b) to read as follows:
"§15-2.5 Voting by mail in [district]
precinct affected by natural disasters. (a) If
the chief election officer and clerk of a county affected as a result of a
natural disaster determine that the opening of a designated voter service
center will adversely affect the health and safety of voters or precinct
officials, the chief election officer and county clerk, by written order, may require
the registered voters of any [district] precinct to vote by mail
as provided in part VIIA of chapter 11.
(b)
Within thirty days after the issuance of such an order, the chief
election officer and county clerk shall notify all registered voters in the
affected [district] precinct of the issuance of the order."
SECTION 32. Section 15-9, Hawaii Revised Statutes, is amended to read as follows:
"§15-9 Return [and],
receipt, processing, and treatment of absentee ballots. [(a)
The return envelope shall be:
(1) Mailed and must
be received by the clerk issuing the absentee ballot no later than the closing hour
on election day in accordance with section 11-131; or
(2) Delivered other
than by mail to the clerk issuing the absentee ballot, or to a voter service
center no later than the closing hour on 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) 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 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.] An absentee ballot shall
be returned, received, processed, and treated in the same manner as a return
identification envelope in an election by mail as provided by part VIIA of
chapter 11."
SECTION 33. Section 15-11, Hawaii Revised Statutes, is amended to read as follows:
"§15-11 Voting by absentee voter
at polls prohibited. Any person
having voted an absentee ballot pursuant to this chapter shall not be entitled to cast a ballot at [the
polls] a voter service center on election day. An absentee voter who does cast a ballot at [the
polls] a voter service center shall be guilty of an election offense
under section 19-3(5)."
SECTION 34. Section 15D-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§15D-10[]]
Receipt of voted ballot.
A valid military-overseas ballot shall be counted if it is received by
the close of the [polls] voter service center on the day of the
election and meets the requirements [prescribed under] applied to absentee
ballots pursuant to section 15-9."
SECTION 35. Section 16-23, Hawaii Revised Statutes, is amended to read as follows:
"§16-23 Paper ballot; voting. Upon receiving the ballot the voter shall proceed into one of the voting booths provided for the purpose, and shall mark the voter's ballot in the manner prescribed by section 16-22.
The voter shall then leave the booth
and deliver the ballot to the [precinct] voter service center
official in charge of the ballot boxes.
The [precinct] voter service center official shall be sufficiently
satisfied that there is but one ballot enclosed, whereupon the ballot shall be
immediately dropped into the proper box by the [precinct] voter service
center official."
SECTION 36. Section 16-26, Hawaii Revised Statutes, is amended to read as follows:
"§16-26 Questionable ballots. A ballot shall be questionable if:
(1) A ballot contains any mark or symbol whereby it can be identified, or any mark or symbol contrary to the provisions of law; or
(2) Two or more ballots are found in the ballot box so folded together as to make it clearly evident that more than one ballot was put in by one person, the ballots shall be set aside as provided below.
Each ballot which is held to be
questionable shall be endorsed on the back by [the chairperson of precinct
officials with the chairperson's] a voter service center official with the
official's name or initials, and the word "questionable". All questionable ballots shall be set aside
uncounted and disposed of as provided for ballots in section 11-154."
SECTION 37. Section 16-27, Hawaii Revised Statutes, is amended to read as follows:
"§16-27 Number of blank and
questionable ballots; record of. In
addition to the count of the valid ballots, the [precinct] voter service
center officials shall, as to each separate official ballot, also determine
and record the number of totally blank ballots and the number of questionable
ballots."
SECTION 38. Section 16-28, Hawaii Revised Statutes, is amended to read as follows:
"§16-28 Declaration of results. When the [precinct] voter service center
officials have ascertained the number of votes given for each candidate they
shall make public declaration of the whole number of votes cast, the names of
the persons voted for, and the number of votes for each person."
SECTION 39. 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, destroys, or defaces any election proclamation, poster,
notice, [list of voters, visual aids, or] facsimile ballot, or election
signage 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 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 voting opens and ending when 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:
(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 VIIA of chapter 11 other than those persons authorized to do so under part VIIA of chapter 11;
(9) Any unauthorized
person found in possession of any voting machine or keys thereof; [and]
(10) Any person other than the postal service or the clerk as
authorized in section 11-109, who sponsors, establishes, or displays a
collection receptacle for the purpose of receiving voted mail ballots or ballot
return envelopes in an election; and
(11) 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."
SECTION 40. Section 11-181, Hawaii Revised Statutes, is repealed.
["§11-181
Capital equipment. The
State shall pay for all voting system capital equipment. This shall include, but not be limited to voting
machines, voting devices, and initial computer programs."]
SECTION 41. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 42. This Act shall take effect upon its approval.
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Report Title:
Elections; Vote by Mail
Description:
Makes amendments to elections laws to clarify the administration of elections by mail. Renames districts as precincts. Extends voter registration deadlines. Requires additional voter service centers on election day. Repeals election days as designated state holidays.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
