Report Title:

Elections; Citizens Right to Vote

Description:

Removes existing barriers to voting. Provides ways to encourage citizens to exercise their right to vote.

THE SENATE

S.B. NO.

1604

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to citizens right to vote.

 

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

SECTION 1. Findings and purpose. The legislature finds that the citizens of the State of Hawaii do not have an absolute constitutional right to vote. The constitution allows a citizen to vote if that person is a "voter registered as provided by law." In Hawaii and all other states, and on the federal level, voting is a privilege granted to citizens, at the discretion of government, through the enactment of laws.

The legislature believes that citizens have an inherent right to vote as part of their responsibility as citizens of the State, and that this right should not be hindered without just cause. The right to vote is necessary to effectuate the rule of one person, one vote, and to enable citizens to govern through the representative form of government. The legislature, therefore, believes that a statutory right to vote should be established, that barriers to the exercise of this right should be removed, and that government should encourage citizens to exercise this right.

The purpose of this Act is to:

(1) Establish a statutory right to vote for the citizens of the State of Hawaii;

(2) Remove the thirty-day voter registration deadline;

(3) Remove the requirement that citizens submit their social security number in order to register to vote;

(4) Allow standing requests for absentee ballot voting;

(5) Require provision for online requests for absentee ballots;

(6) Require additional locations for early voting if funding is available;

(7) Require high schools to provide students with voter registration forms prior to graduation; and

(8) Require colleges and universities to provide voter registration forms to students during course registration.

SECTION 2. Chapter 15, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§15- Permanent absentee voting. (a) Any registered voter may apply for status as a permanent absentee voter by submitting to the clerk an application in the form of an affidavit that shall include the personal information required in section 15-4. If a registered voter is granted permanent absentee voter status, the voter shall not be required to submit a separate request for each election and shall receive an absentee ballot for each election in which the voter is eligible to vote.

(b) A voter's status as a permanent absentee voter shall be immediately terminated if any of the following conditions apply:

(1) The voter requests in writing that the status be terminated;

(2) The voter dies, loses voting rights, registers to vote in another jurisdiction, or is otherwise disqualified from voting;

(3) The voter's absentee ballot, voter notification postcard, or other election mail is returned to the county clerk as undeliverable for any reason; or

(4) The voter does not return a voted ballot by 6:00 p.m. on election day in both the primary and general election of an election year."

SECTION 3. 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) Social security number;

(3)] (2) Date of birth;

[(4)] (3) Residence, including mailing address;

[(5)] (4) 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)] (5) That the person is a citizen."

SECTION 4. Section 11-15.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-15.5[]] Duties of all state agencies; voter registration. (a) Each state agency that deals with the public shall make available to each member of the public eighteen years of age or older an application in the form of an affidavit for voter registration pursuant to section 11-15. The application shall be available by mail or in person depending on the manner in which the agency's services are requested by the person. The form of the application may be identical to that described and found in public telephone directories.

(b) In addition to the requirements of subsection (a):

(1) All high schools shall provide voter registration forms to students, who are otherwise qualified to register, prior to graduation; and

(2) All colleges and universities shall provide voter registration forms to students, who are otherwise qualified to register, during course registration."

SECTION 5. Section 11-24, Hawaii Revised Statutes, is amended to read as follows:

"§11-24 Closing register; list of voters. (a) [At] The general county register shall be closed to registration no earlier than is necessary for the clerk prepare a list of all registered voters as required in subsection (b), but in no event shall the register close earlier than at 4:30 p.m. on the [thirtieth] _______ day prior to [each primary, special primary, or special] any 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 11-21(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.

(c)] Immediately upon the closing of the general county register, the clerk shall proceed to prepare a list of all registered voters in each precinct, separately. The list shall contain, in alphabetical order, without designation of the race or age of voters, the names of all voters so registered in each precinct, and the residence of each unless such residence is deemed confidential pursuant to section 11-14.5. The list shall be available for inspection at the office of the county clerk prior to election day. On election day the precinct officials shall post the list at the precinct polling place."

SECTION 6. Section 15-4, Hawaii Revised Statutes, is amended to read as follows:

"§15-4 Request for absentee ballot. Any person registered to vote may request an absentee ballot in person, online, or in writing from the clerk not earlier than on the sixtieth day and not later than 4:30 p.m. on the seventh day prior to the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.

The request shall include information such as the person's [social security number,] date of birth[,] and the address under which the person is registered to vote. The request shall also include the address to which the person wishes the requested ballot forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary provided the person so indicates in the person's request.

Subsequent to the closing of registration for each election, the clerk may mail a request form for an absentee ballot to each voter in a remote area who has not already made such a request. The request form shall be accompanied by:

(1) A stamped, self-addressed envelope; and

(2) Instructions regarding the manner of completing and returning the request form."

SECTION 7. Section 15-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Absentee polling places shall be established at the office of the respective clerks, and [may] shall be established at [such] other sites as may be designated by the clerk under the provisions prescribed in the rules adopted by the chief election officer[.], and as funds permit. Section 11-21 relating to changes and transfers of registration shall apply to the absentee polling place as though it were the precinct at which a person's name properly appears on the list of registered voters."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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