THE SENATE

S.B. NO.

2242

TWENTY-EIGHTH LEGISLATURE, 2016

 

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 11-137, Hawaii Revised Statutes, is amended to read as follows:

"11-137 Secrecy; removal or exhibition of ballot. No person shall look at or ask to see the contents of the ballot or the choice of party or nonpartisan ballot of any voter, except as provided in section 11-139 and 11-132, nor shall any person within the polling place attempt to influence a voter in regard to whom the voter shall vote for. When a voter is in the voting booth for the purpose of voting, no other person, except as provided in section 11-139 and 11-132, shall be allowed to enter the booth or to be in a position from which the person can observe how the voter votes.

No person shall take a ballot out of the polling place except as provided in sections 11-135 and 11-139. After voting the voter shall leave the voting booth and deliver the voter's ballot to the precinct official in charge of the ballot boxes. The precinct official shall make certain that the precinct official has received the correct ballot and no other and then shall deposit the ballot into the ballot box. No person shall look at or ask to see the contents of the unvoted ballots. If any person, other than the voter, having received a ballot leaves the polling place without first delivering the ballot to the precinct official as provided above, or wilfully exhibits the [person's] voter's ballot or the [person's] voter's unvoted ballots in a special primary or primary election, except as provided in section 11-139 and 11-132, after the ballot has been marked, the person shall forfeit the person's right to vote, and the chairperson of the precinct officials shall cause a record to be made of the proceeding[.]; provided that subject to sections 11-139 and 11-132, nothing in this section shall be construed to diminish or extinguish a voter's right to exhibit the voter's own marked ballot electronically or digitally to other persons."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Elections; Secrecy; Removal or Exhibition of Ballot

 

Description:

Prohibits any person from wilfully exhibiting another person's ballot or another person's unvoted ballots in a special primary or primary election, except as provided in sections 11-132 and 11-139, HRS, after the ballot has been marked. Preserves the right for any voter to exhibit the voter's own marked ballot electronically or digitally to other persons, subject to sections 11-132 and 11-139, HRS.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.