Report Title:

Write-In Voting

Description:

Allows voters to vote for declared candidates other than those listed on the preprinted ballot through a write-in voting procedure.

HOUSE OF REPRESENTATIVES

H.B. NO.

2562

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to voting.

 

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

SECTION 1. The legislature finds that Hawaii has one of the lowest voter participation records in the United States. One national survey reported that forty-four per cent of eligible voters actually voted in the 2000 presidential election. As a result, Hawaii was ranked last in voter participation. Steps must be taken to increase the number of registered voters in the State and encourage participation in the political process.

Eligible voters are often not interested in voting for the available candidates and refrain from voting at all. Write-in voting would allow voters greater freedom to support candidates of their choice and signify their displeasure with the available candidates. The legislature believes that the authorization of write-in voting would increase the number of registered voters that actually vote in each election.

Hawaii is one of only six states that does not allow some form of write-in voting. Past objections to write-in voting have included the added difficulty in counting the ballots, but the legislature finds that the inconvenience caused to the State in having to count the write-in ballots is by far outweighed by the public's interest in voting for the candidate of their, and not a political party's, choice.

The purpose of this Act it to allow voters of the State of Hawaii to vote for declared candidates other than those listed on the ballot through a write-in voting procedure.

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

"PART   . WRITE-IN VOTING

§12-   Write-in voting. Write-in voting is permitted in any state or county election. A voter may cast a write-in vote for a candidate whose name is not printed on the ballot by writing in the candidate's name in the appropriate blank space provided on the ballot. Voters may cast write-in votes only for candidates who have filed declarations pursuant to section 12-  . As used in this section, "write-in" does not include imprinting of any name by rubber stamp or similar device, or the use of preprinted stickers or labels.

§12-   Write-in candidates. Any person who desires to be a write-in candidate shall file a declaration of candidacy with the chief election officer, or the clerk in case of county offices, not later than 4:30 p.m. on the seventh calendar day prior to the election; provided that if that day is a Saturday, Sunday, or holiday then the person shall file not later than 4:30 p.m. on the first working day immediately preceding.

§12-   Write-in vote count. (a) When only one person is to be elected to an office, write-in votes shall be officially counted by the chief elections officer only if the total number of write-in votes cast for the office equals or exceeds the number of votes for the candidate whose name is printed on the ballot and received the highest number of votes for that office. When more than one person is to be elected to an office, write-in votes shall be counted only if the total number of write-in votes for the office equals or exceeds the number of votes for the candidates whose names are printed on the ballots and would otherwise be nominated or elected to that office.

(b) Write-in votes for a candidate:

(1) Whose name is printed on the ballot for any office at the same election;

(2) Who is currently a public officer who is ineligible to run for office pursuant to section 7 of article II of the Hawaii State Constitution; or

(3) Who, in the case of a general election, was on the ballot for the same office for the primary election,

shall not be counted.

(c) Write-in votes for a candidate shall be counted only if the total number of write-in votes for the candidate is at least equal to the number of signatures required on nomination papers for that office.

§12-   Requirements for write-in candidate. A write-in candidate determined to be a party or nonpartisan candidate in the primary or special primary election pursuant to section 12-41, shall meet the following requirements not later than 4:30 p.m. on the fifth day following the primary election. The candidate shall:

(1) File a statement in a form prescribed by the chief election officer containing the following information:

(A) The name of the candidate;

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

(C) A certification by the candidate that the candidate will qualify under the law for the office the candidate is seeking;

(D) A certification by a party candidate that the candidate is a member of the party; and

(E) The name the candidate wishes inserted on the ballot and the post office address of the candidate;

(2) Register with the campaign spending commission and comply with the commission's requirements pursuant to chapter 11 on the same basis as any other candidate;

(3) File documents required of candidates with the appropriate ethics commission;

(4) File a written oath or affirmation as specified in section 12-7; and

(5) Deposit the appropriate filing fee specified in the fee schedule contained in section 12-6, which shall be deposited into the treasury of the State or county, as the case may be, except that the chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent.

§12-   Rules. The lieutenant governor shall adopt rules under chapter 91 to implement this part."

SECTION 3. Section 11-112, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The ballot shall contain the names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they are running, and the district in which the election is being held. Following the names of candidates for each office, there shall be as many blank lines as there are persons to be elected to that office to allow for write-in voting. In multimember races the ballot shall state that the voter shall not vote for more than the number of seats available or the number of candidates listed where such number is less than the seats available."

SECTION 4. Section 12-21, Hawaii Revised Statutes, is amended to read as follows:

"§12-21 Official party ballots. The primary or special primary ballot shall be clearly designated as such. The names of the candidates of each party qualifying under section 11-61 or 11-62 and of nonpartisan candidates may be printed on separate ballots, or on a single ballot. The name of each party and the nonpartisan designation shall be distinctly printed and sufficiently separate from each other. The names of all candidates shall be printed on the ballot as provided in section 11-115. When the names of all candidates of the same party for the same office exceed the maximum number of voting positions on a single side of a ballot card, the excess names may be arranged and listed on both sides of the ballot card and additional ballot cards if necessary. When separate ballots for each party are not used, the order in which parties appear on the ballot, including nonpartisan, shall be determined by lot. Following the names of candidates for each office, there shall be as many blank lines as there are persons to be elected to that office to allow for write-in voting.

The chief election officer or the county clerk, in the case of county elections, shall approve printed samples or proofs of the respective party ballots as to uniformity of size, weight, shape, and thickness prior to final printing of the official ballots."

SECTION 5. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________