HOUSE OF REPRESENTATIVES

H.B. NO.

124

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

 

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 the trend in Hawaii has been toward increased mail-in voting.  The 2014 Hawaii primary election was the first election where there were more early votes than ballots cast on primary election day.  Fifty-six per cent of Hawaii voters chose to vote early during the 2014 primary, with approximately eighty-three per cent of these early voters doing so by mail-in absentee ballot.

     The legislature further finds that in Hawaii, shifting to elections by mail would significantly reduce the logistical issues related to conducting elections.  The legislature concludes that an incremental implementation of an election-by-mail voting system is the best approach for the State to transition to elections by mail.

     Accordingly, the purpose of this Act is to:

     (1)  Require the office of elections to implement elections by mail in a county with a population of less than 100,000, beginning with the 2016 primary election;

     (2)  Require the office of elections to additionally implement elections by mail in each county with a population of less than 500,000, beginning with the 2018 primary election;

     (3)  Beginning in 2020, require all federal, state, and county primary, special primary, general, special general, and special elections to be conducted by mail;

     (4)  Provide places of deposit for personal delivery of mail-in ballots and ensure a limited number of voter service centers in each county to remain open on the day of election to allow voters with special needs to vote and receive personal delivery of absentee, permanent absentee, and mail-in ballots; and

     (5)  Appropriate funds for the implementation and administration of the election-by-mail system.

     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 2016 primary election, the office of elections shall implement elections by mail in a county with a population of less than 100,000.  Beginning with the 2018 primary election, the office of elections shall additionally implement elections by mail in each county with a population of less than 500,000.  Beginning in 2020, all federal, state, and county primary, special primary, general, special general, and special elections shall be conducted by mail in accordance with this part; provided that any person registered to vote may request an absentee ballot or permanent absentee ballot in accordance with section 15-4 in lieu of receiving an election-by-mail ballot package pursuant to this part; provided further that absentee ballot-only elections may continue to be conducted pursuant to section 15-4(b).

     §11-B  Procedures for conducting elections by mail.  (a)  Ballot packages for elections by mail shall include:

     (1)  An official ballot;

     (2)  A prepaid postage return identification envelope;

     (3)  A secrecy envelope; and

     (4)  Instructions.

     (b)  To the extent practicable, the county clerk shall mail a ballot package by nonforwardable mail to each registered voter in the county between fourteen and eighteen days before the date of an election.

     (c)  The chief election officer shall determine and provide for places of deposit and voter service centers pursuant to section 11-92.1.

     §11-C  Public notice of mailing.  Public notice of the date or dates that ballot packages are mailed shall be given by the chief election officer and all county election offices in the manner prescribed in section 1-28.5 when all ballot packages have been mailed to voters.

     §11-D  Ballot instructions; ballot return.  (a)  Upon receipt of the ballot package, to cast a valid vote, a voter shall comply with the instructions included in the ballot package.  The instructions shall include directions on marking the ballot, inserting the marked ballot in the secrecy envelope, inserting the secrecy envelope with the marked ballot in the return identification envelope, and 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 vote, a voter shall return the 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 close of the polls as 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 close of the polls as provided in section 11-131 on the date of the election.

     (d)  If a ballot package mailed pursuant to section 11-B is not received by the 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 the request and confirmation that proper application was made, the clerk may transmit the appropriate ballot, together with a form containing the affirmations and information required by section 15-6, and a form containing a waiver of the right to secrecy under section 11-137.  The voter may return the voted ballot and executed forms by:

     (1)  Electronic transmission if the ballot and forms are received by the issuing clerk before voting has concluded; or

     (2)  Mail or by personal delivery to a place of deposit or voter service center by the respective deadline set forth in section 11-E(c).

     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, for counting, only the first ballot returned that is not spoiled.  Prior to an election, the clerk shall determine the permissible form or forms of electronic transmission that may be used for the initial transmission of ballots to voters and the return transmission of ballots by voters.  The forms of electronic transmission permitted for the initial transmission of ballots may differ from those permitted for the return of ballots by voters.

     For purposes of this subsection, "electronic transmission" may include facsimile transmission, electronic mail delivery, or the utilization of an online ballot delivery and return system.

     §11-E  Replacement ballots.  (a)  A voter may obtain a replacement ballot if the ballot is destroyed, spoiled, or lost.  Replacement ballots shall be provided to a voter who completes and signs a replacement ballot request form.  The replacement ballot request form 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 request form, the clerk shall:

     (1)  Verify the registration of the voter and ensure that another ballot has not been returned by the voter;

     (2)  Note on the list of registered voters that the voter has requested a replacement ballot;

     (3)  Mark the return identification envelope as a replacement ballot; and

     (4)  Issue the replacement ballot package by mail or by making the ballot package available for pick-up by the voter.

     (c)  Voters requesting a replacement ballot shall return the identification envelope containing the secrecy envelope with the marked replacement ballot by mail or by personal delivery to a place of deposit no later than 6:00 p.m. on the day preceding the date of the election or by personal delivery to a voter service center no later than the close of the polls as provided in section 11-131 on the date of the election.

     §11-F  Counting of mail-in ballots.  (a)  Counting may begin no sooner than the seventh day before the election.  In the presence of official observers, counting center employees may count the ballots on the day of the election; provided that no results shall be disclosed to the public until the close of the voter service centers.  All handling and counting of the mailed-in ballots shall be in accordance with procedures established by the chief election officer.

     (b)  A mail-in ballot shall be counted only if:

     (1)  It is returned in the return identification envelope;

     (2)  The return identification envelope is signed by the voter to whom the ballot is mailed or delivered;

     (3)  The signature on the return identification envelope is verified by the clerk with the signature of the voter shown on the registry of voters; and

     (4)  The return identification envelope is received in a timely manner by any of the methods prescribed under section 11-D.

     (c)  Upon receipt of a marked replacement ballot, the county clerk shall verify that a completed and signed replacement ballot request form has been received by the county clerk or is included with the marked replacement ballot.  If a request form has been completed and signed by the voter and received by the county clerk, the county clerk shall process the ballot.  If the replacement ballot request form is not completed or signed by the voter or not received by the county clerk, the county clerk shall not process the ballot.

     §11-G  Election expenses and responsibilities in combined state and county elections by mail.  (a)  Expenses for elections by mail shall be shared and set forth as follows:

     (1)  Expenses related to elections by mail involving both state and county offices, or federal and county offices, and unrelated to voter registration and voter service centers shall be divided in half between the State and the counties.  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 and voter service centers;

     (2)  All expenses for county elections by mail that do not involve state or federal offices shall be borne by the county and paid out of such appropriations as may be made by the county council; and

     (3)  All expenses for state or federal elections by mail that do not involve county offices shall be borne by the State and paid out of such appropriations as may be made by the legislature.  Expenses attributable to registration of voters by the county clerk for those state or federal elections that do not involve county offices shall be borne by the State and paid out of such appropriations as may be made by the legislature.

     (b)  Election responsibilities in elections by mail shall be shared and set forth as follows:

     (1)  In elections by mail involving both state and county offices, or federal and county offices, the counties shall be responsible for voter registration and voter service centers and the State shall be responsible for the mailing, receipt, processing, and tabulation of ballots.  Any responsibilities not enumerated in this paragraph shall be assigned to the counties or the State by the chief election officer;

     (2)  The county shall be responsible for elections by mail involving only county offices; and

     (3)  For elections by mail involving only state or federal offices, the counties shall be responsible for voter registration and voter service centers and the State shall be responsible for the mailing, receipt, processing, and tabulation of ballots.  Any responsibilities not enumerated in this paragraph shall be assigned to the counties or the State by the chief election officer.

     §11-H  Electronic accessibility of voter registration applications and signatures associated with the examiner of drivers.  (a)  The examiner of drivers of each county shall ensure that the contents of the affidavit on application for voter registration provided by applicants in conjunction with a driver license and civil identification card application are electronically stored in the examiner's databases.

     (b)  The examiner of drivers of each county shall provide the respective county clerk with the voter registration information set forth in the affidavit on application for voter registration electronically, including a digital copy of the applicant's signature.

     (c)  The county clerk shall treat the electronic information provided pursuant to subsection (b) as an application to register under section 11-15.

     (d)  Databases maintained by the counties and the department of transportation containing driver license and civil identification card information shall be electronically accessible by the statewide voter registration system in order to:

     (1)  Permit the timely processing of voter registration applications made in conjunction with driver license and civil identification cards;

     (2)  Facilitate verification of information provided by online voter registration applicants under section 11-15.3; and

     (3)  Ensure the integrity of the voter registration rolls and the voting process."

     SECTION 3.  Section 11-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding two new definitions to be appropriately inserted and to read:

     ""Place of deposit" means a site designated by the chief election officer for the purpose of receiving return identification envelopes in an election conducted by mail pursuant to part    .

     "Voter service center" means a site designated by the chief election officer to serve all of the following purposes:

     (1)  Receive return envelopes for absentee and permanent 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)  Assist with voter registration services as provided by law; and

     (5)  Any other purposes that the chief election officer may deem necessary in the event of a natural disaster or other exigent circumstances occurring prior to an election."

     2.  By amending the definitions of "ballot" and "voting system" 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    .  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.

     "Voting system"[,] means the use of paper ballots, electronic ballot cards, voting machines, elections by mail pursuant to part    , absentee voting pursuant to chapter 15, or any system by which votes are cast and counted."

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

     "§11‑4  Rules [and regulations].  The chief election officer may [make,] adopt, 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,] adopting, 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] ensure secrecy of the ballot and to preclude 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 5.  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 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 county clerk by the United States Postal Service or by delivering the ballot to a place of deposit or voter service center."

     SECTION 6.  Section 11-91.5, Hawaii Revised Statutes, is amended to read as follows:

     "§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[.], in whole or in part.  Specific precincts or counties may be designated to conduct elections by mail, in whole or in part.

     (b)  The chief election officer shall determine whether a federal [or state election, other than a regularly scheduled primary or general election,] election, state election, or an election involving state and county offices, may be conducted by mail [or], at polling places[.], or by a combination of mail and polling places.

     (c)  The county clerk shall determine whether a solely 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[.], or by a combination of mail and 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)  Voters may vote by absentee ballot at an absentee walk-in polling place.  For purposes of an election by mail, at least one absentee walk-in polling place shall be designated by the county clerk to be open on the day of the election.  In the event of a state- or federal-only mail election, the chief election officer shall designate at least one absentee walk-in polling place to be open on the day of the election.

     (f)  Election expenses for mail elections shall be shared and set forth as follows:

     (1)  Expenses related to mail elections involving both state and county offices, or federal and county offices, unrelated to voter registration and absentee walk-in polling places, shall be divided in half between the State and the counties.  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 and absentee walk-in polling places;

     (2)  All expenses for county mail elections that do not involve state or federal offices shall be borne by the county and paid out of such appropriations as may be made by the county council; and

     (3)  All expenses for state or federal mail elections that do not involve county offices shall be borne by the State and paid out of such appropriations as may be made by the legislature.  Expenses attributable to registration of voters by the county clerk for state or federal elections that do not involve county offices shall be borne by the State and paid out of such appropriations as may be made by the legislature.

     (g)  Election responsibilities in mail elections shall be shared and set forth as follows:

     (1)  In mail elections involving both state and county offices, or federal and county offices, the counties shall be responsible for voter registration and absentee walk-in polling places and the State shall be responsible for the mailing, receipt, processing, and tabulation of ballots.  Any responsibilities not enumerated in this paragraph shall be assigned to the counties or the State by the chief election officer;

     (2)  The county shall be responsible for mail elections involving only county offices; and

     (3)  For mail elections involving only state or federal offices, the counties shall be responsible for voter registration and absentee walk-in voting and the State shall be responsible for the mailing, receipt, processing, and tabulation of ballots.  Any responsibilities not enumerated in this subsection shall be assigned to the counties or the State by the chief election officer.

     [(e)] (h)  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 7.  Section 11-92.1, Hawaii Revised Statutes, is amended to read as follows:

     "§11-92.1  Election proclamation; [establishment of a new precinct.] places of deposit; voter service centers.  (a)  [The] In counties that are not implementing elections by mail under part     , 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.  The chief election officer shall make arrangements for the rental or erection of suitable shelter for this purpose whenever public buildings are not available and shall cause these polling places 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] any other proclamation required [in section 11-91.] by this title.

     (b)  In a county that is implementing elections by mail under part     , the county clerk shall issue a proclamation listing all places of deposit and voter service centers that are established by the county clerk.  The county clerk may make adjustments to places of deposit and voter service centers, as circumstances may require; provided that the county clerk may also give notice by whatever possible news or broadcast media are available.  This proclamation may be issued jointly with any other proclamation required by this title.

     [(b)] (c)  No change shall be made in the boundaries of any precinct later than 4:30 p.m. on the tenth day prior to the close of filing for an election.

     [(c)] (d)  Notwithstanding subsection (a), and pursuant to section 15-2.5, the chief election officer is not required to establish polling places for precincts affected by natural disasters, as provided in section 15-2.5."

     SECTION 8.  Section 11-92.3, Hawaii Revised Statutes, is amended to read as follows:

     "§11-92.3  Consolidated precincts; natural disasters; postponement; absentee voting required; special elections.  (a)  [In the event of] If a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring prior to an election, that makes a precinct inaccessible, the chief election officer or county clerk in the case of county elections may consolidate precincts within a representative district.  If the extent of damage caused by any natural disaster is such that the ability of voters, in any precinct, district, or county, to exercise their right to vote is substantially impaired, 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 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)  If a natural disaster occurs in a county conducting an election by mail under part     , the county clerk shall have the same duties and responsibilities set forth in subsection (a) that the chief election officer would otherwise have to consolidate voter service centers and places of deposit, establish alternate locations, or to otherwise postpone the election and establish alternative means of voting.

     [(b)  In the event] (c)  If 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, the 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 precincts.

     A special, special primary, or special general election precinct shall be considered the same as an established precinct 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 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."

     SECTION 9.  Section 11-184, Hawaii Revised Statutes, is amended to read as follows:

     "§11-184  Election expenses and responsibilities in combined state and county elections[.] that are not all-mail.  Election expenses in elections involving both state and county offices and that are not conducted by mail under part      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 10.  Section 15-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  If mailed absentee ballots are not received by the voter within five days of an election, or a voter otherwise requires a replacement ballot within five days of an election, a [covered] voter [under chapter 15D] may request that absentee ballots be forwarded by [facsimile.] electronic transmission.  Upon receipt of such a request and confirmation that proper application was made, the clerk may transmit appropriate ballots [by facsimile] together with a form requiring the affirmations and information required by section 15-6, and a form containing a waiver of the right to secrecy, as provided by section 11-137.  The voter may return the voted ballots and executed forms by [facsimile] electronic transmission or mail; provided that they are received by the issuing clerk no later than the close of polls on election day.  Upon receipt, the clerk shall verify compliance with the requirements of section 15-9(c), and prepare the ballots for counting pursuant to section 15-10.  The clerk shall determine, prior to an election, which form or forms of electronic transmission shall be authorized for the initial transmission of ballots to voters and the return transmission of ballots by voters.  The forms of electronic transmission authorized for the initial transmission of ballots may differ from those authorized for the return of ballots by voters.

     For purposes of this subsection, "electronic transmission" may include facsimile transmission, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system."

     SECTION 11.  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 12.  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 opens and ending when the polling place 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 absentee]:

         (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 in this chapter specially provided for."

     SECTION 13.  Act 166, Session Laws of Hawaii 2014, is amended as follows:

     1.  By repealing section 1.

     ["SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§11-    Late 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:

     (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.

     (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. 

     (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 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.

     (d)  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).

     (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 precinct list for the polling place associated with the person's residence.

     (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.""]

     2.  By amending section 6 to read:

     "SECTION 6.  This Act shall take effect on July 1, 2014; provided that[:

     (1)  Section] section 3 of this Act shall take effect on January 1, 2016[; and

     (2)  Section 1 of this Act shall take effect on January 1, 2018]."

     SECTION 14.  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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the purpose of implementing and administering the election by mail program.

     The sums appropriated shall be expended by the office of elections for the purposes of this Act.

     SECTION 15.  No later than twenty days prior to the convening of each regular session of the legislature, from 2016 until 2021, the office of elections shall submit a report to the legislature that includes:

     (1)  The office's progress in implementing this Act;

     (2)  Any additional resources the office may require to implement this Act;

     (3)  Any difficulties encountered;

     (4)  Specific steps taken and recommendations necessary to prevent fraud and ensure the integrity of the election process; and

     (5)  Any other findings and recommendations, including any proposed legislation.

     SECTION 16.  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 17.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 18.  This Act shall take effect on January 7, 2059; provided that:

     (1)  Sections 2 to 13 of this Act shall take effect on January 1, 2016, in counties with a population of less than 100,000;

     (2)  Except for any county subject to paragraph (1), sections 2 to 13 of this Act shall take effect on January 1, 2018, in counties with a population of less than 500,000;

     (3)  Sections 2 to 13 of this Act shall take effect on January 1, 2020, in counties with a population of 500,000 or more; and

     (4)  Section 14 of this Act shall take effect on July 1, 2015.


 


 

Report Title:

Elections; Voting; Elections by Mail; Absentee Voting; Appropriation

 

Description:

Requires the office of elections to implement elections by mail in a county with a population of less than 100,000, beginning with the 2016 primary election; and in each county with a population of less than 500,000, beginning with the 2018 primary election.  Beginning in 2020, requires all federal, state, and county primary, special primary, general, special general, and special elections to be conducted by mail.  Provides places of deposit for personal delivery of mail-in ballots and ensures a limited number of voter service centers in each county to remain open on the day of election to allow voters with special needs to vote and receive personal delivery of absentee, permanent absentee, and mail-in ballots.  Makes conforming amendments.  Requires annual reports on implementation.  Appropriates funds for the implementation and administration of the election-by-mail system.  Takes effect 01/07/2059.  (SD2)

 

 

 

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