Report Title:

Voter Fraud

 

Description:

Requires voters to provide either a valid U.S. passport, a birth certificate evidencing that the voter was born in the U.S. or its territories, or a naturalization certificate when registering to vote. Requires voters who register by mail to provide photocopies of one of the above.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1489

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to elections.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 11-15, Hawaii Revised Statutes, is amended to read as follows:

"11-15 Application to register. (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) Social security number;

(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;

(6) That the person is a citizen.

(b) When registering to vote the person shall provide to the registrar one of the following:

(1) A valid United States passport;

(2) A birth certificate evidencing that the potential voter was born in one of the fifty United States or United States territories; or

(3) A naturalization certificate.

[(b)](c) Any person qualified to and desiring to register as a voter for the election of members of the board of trustees of the office of Hawaiian affairs shall make and subscribe to an application in the form of an affidavit which shall state that the person is Hawaiian and which shall contain the information required under subsection (a). The affidavit shall also apply to all elections, primary, special primary, general, special general, special, or county, held in the State, under all voting systems used within the State, so far as applicable and not inconsistent with this title.

[(c)](d) The applicant shall swear to the truth of the allegations by self-subscribing oath in the affidavit on application for voter registration or other form prescribed by the chief election officer. Unless contested by a qualified voter, the clerk may accept, as prima facie evidence, the allegation of the applicant in information required in the affidavit in subsection (a)(5), and the allegation of the applicant that the applicant is Hawaiian required in subsection (b). In any other case where the clerk shall so desire or believe the same to be expedient, the clerk may demand that the applicant furnish substantiating evidence to the allegations of the applicant's application.

[(d)](e) The applicant shall then affix the applicant's signature to the affidavit. In the case where an applicant is unable to write for the reason of illiteracy, blindness, or other physical disability the applicant's mark shall be witnessed by another person who shall sign the affidavit in the space provided. A voter having once been registered shall not be required to register again for any succeeding election, except as provided in this chapter. Affidavits approved by the clerk shall thereupon be numbered appropriately, filed by the clerk and kept available for election or government purposes in accordance with procedures established by section 11-97.

[(e)](f) The clerk may designate a subordinate or subordinates to act in the clerk's place and stead in all matters covered by this section, except that no candidate shall be eligible to serve as a subordinate."

SECTION 2. Section 11-16, Hawaii Revised Statutes, is amended to read as follows:

"11-16 Application when not made in person. (a) Any qualified person unable for any cause to present oneself in person before the clerk for registration may register to vote by mail, not later than thirty days prior to a primary or general election, through the affidavit on application for voter registration or other form prescribed by the chief election officer. The form shall include a self-subscribing oath for the applicant to swear to the truth of the allegations in the application. The application shall have attached to it a notarized photocopy of either a valid United States passport, a birth certificate evidencing that the potential voter was born in one of the fifty United States or United States territories, or a naturalization certificate. An applicant unable to write for reason of illiteracy, blindness, or other physical disability shall have the applicant's mark witnessed by a person who shall sign the affidavit in the space provided. Application forms shall be made available to any qualified person through community groups, political parties, and other groups prescribed by the chief election officer. Application forms shall be made available to any qualified person at the time of that person's driver's license application or renewal through the examiner of drivers.

(b) Upon receipt of the properly executed application, the clerk shall proceed to number the same and register the name of the voter in the general county register as provided in section 11-15. In registering persons under this section the clerk may accept requests for absentee ballot submitted in accordance with the Federal Voting Assistance Act of 1955 or other similar federal law as being sufficient for registration purposes."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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