Report Title:

Elections, Nomination Papers

Description:

Prohibits the use of social security numbers to verify the identity of a person signing a candidate's nomination papers.

HOUSE OF REPRESENTATIVES

H.B. NO.

1521

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ELECTIONS.

 

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

SECTION 1. Identity theft is a serious crime, with lasting negative repercussions on the finances and life of the person whose identity was stolen. One of the most frequent tools used to steal a person's identity is the person's social security number. While it was originally introduced by the federal government to keep track of payroll taxes, its use has spread so that it has virtually become a universal identifier. Security experts recommend, to the greatest extent possible, that people protect their social security number and use it only for its intended federal purposes.

The legislature finds that the State should do what it can to limit exposure of a person's social security number to prevent identity theft. The purpose of this Act is to prohibit the use of social security numbers as an identifier for persons signing candidate nomination papers.

SECTION 2. Chapter 12, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§12- Use of social security numbers, banned. No person shall ask for another person's social security number in connection with signing of a candidate's nomination papers."

SECTION 3. Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed in the candidate's behalf and in the name by which the candidate is commonly known. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:

(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;

(2) A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;

(3) The residence address and county in which the candidate resides;

(4) The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk prior to releasing the form to the candidate;

(5) Space for the name, signature, date of birth, [social security number,] and residence address of each registered voter signing the form, and other information as determined by the chief election officer;

(6) A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;

(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;

(8) A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Constitution of the State of Hawaii;

(9) A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and

(10) The name the candidate wishes printed on the ballot and the mailing address of the candidate."

SECTION 4. Section 12-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any registered voter who, after signing a nomination paper, seeks to withdraw the voter's signature shall do so by providing written notice to the chief election officer, or clerk in the case of a county office, any time before the filing of the candidate's nomination paper; provided that the notice is received by the chief election officer, or clerk in the case of a county office, no later than 4:30 p.m. on the fourth business day prior to the close of filing pursuant to section 12-6. The written notice shall include the voter's name, [social security number], residence address, date of birth, the voter's signature, the name of the candidate, and a statement that the voter wishes to remove the voter's signature from the candidate's nomination paper. Any request by a registered voter to remove the voter's signature from a candidate's nomination paper that is received by the chief election officer, or clerk in the case of a county office, after the candidate's nomination paper has been filed or after 4:30 p.m. on the fourth business day prior to the close of filing shall not be accepted."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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