HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 136, Session Laws of Hawaii 2019, established that all elections statewide were to be conducted by mail beginning with the 2020 primary election. This Act reinstates the definition of "precinct" and amends the definition of "district" to facilitate the administration of elections.
SECTION 2. Section 11-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Precinct" means the smallest political subdivision established by law."
2. By amending the definition of "district" to read:
means, unless otherwise specified, the district of political representation [
the fewest eligible voters in a particular election.] associated with a state
SECTION 3. Section 11-15.2, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) The clerk of each county shall add persons
who properly register under this section to the respective general county register. Within thirty days of registration, the clerk
shall mail to the person a notice including the person's name, current street
,] and precinct, and date of registration. A notice mailed pursuant to this subsection
shall serve as prima facie evidence that the person is a registered voter as of
the date of registration."
SECTION 4. Section 11-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The clerk shall also identify or remove the name of any registered voter if the clerk, after mailing a notice or other correspondence, properly addressed, with postage prepaid, receives the notice or other correspondence as return mail with a postal notation that the notice or other correspondence was not deliverable. On election day, any person identified or removed shall have the person's name corrected or restored in the register and shall be allowed to vote if the person completes an affidavit or other form prescribed by the chief election officer affirming that the person:
(1) Claims the person's legal residence at the address listed on the register;
(2) Changed the person's legal residence after the closing of the register for that election; or
(3) Moved to a new
residence within the same [
as the person's residence as listed on the register."
SECTION 5. Section 11-21, Hawaii Revised Statutes, is amended by amending subsection (c) and (d) to read as follows:
"(c) Any person whose name appears on the
registered voters list whose residence has changed since the last election, and
whom the clerk has not transferred under section 11-20, may apply on a form
prescribed by the chief election officer on the day of the election for
transfer of registration to the [
district] precinct of the new
residence. Any person so transferring
voter registration shall be immediately added to the register of the new [ district.]
Where a person was incorrectly placed on a list of voters of a [
precinct in which the person does not actually reside, the person may
correct the registration."
SECTION 6. Section 11-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The clerk shall correct the register if at
any time it shall be manifest to the clerk that the name of a person registered
has been accidentally misspelled, or that the person has been misnamed therein,
or that the person has been accidentally registered under the wrong [
precinct, or that the person was accidentally removed pursuant to
section 11-17(a), or that the name of the person should be corrected or
restored pursuant to section 11-17(b)."
SECTION 7 Section 11-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any registered voter may challenge the right of a person to be or to remain registered as a voter in any precinct for any cause not previously decided by the board of registration or the supreme court in respect to the same person. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the clerk who shall immediately serve notice thereof on the person challenged. The clerk shall, as soon as possible, investigate and rule on the challenge."
SECTION 8. Section 11-92.1, Hawaii Revised Statutes, is amended to read as follows:
Election proclamation; establishment of a new precinct; voter service
centers and places of deposit; changes to [
boundaries. (a) The chief election officer shall issue a
proclamation listing all voter service centers and places of deposit as may
have been determined by the clerk as of the proclamation date[ .] and whenever
a new precinct is established in any representative district. The clerk shall make arrangements for the
rental or erection of suitable shelter for the establishment of a voter service
center whenever public buildings are not available and shall cause these voter
service centers to be equipped with the necessary facilities for lighting,
ventilation, and equipment needed for elections on any island. This proclamation may be issued jointly with
the proclamation required in section 11-91.
No change shall be made in the boundaries of any [
later than 4:30 p.m. on the tenth day before the close of filing for an
Notwithstanding subsection (a), and pursuant to section 15-2.5, the clerk
is not required to establish voter service centers for [
affected by natural disasters, as provided in section 15-2.5."
SECTION 9. Section 11-92.3, Hawaii Revised Statutes, is amended to read as follows:
Natural disasters; postponement; consolidation of [
special elections. (a) In the event of a flood, tsunami, earthquake,
volcanic eruption, high wind, or other natural disaster, occurring before an
election where the extent of damage caused is such that the ability of voters,
in any precinct, district, or county, to exercise their right to
vote is substantially impaired, the chief election officer or clerk in the case
of county elections may postpone the conducting of an election in the affected [ area]
precinct for no more than twenty-one days; provided that any postponement
shall not affect the conduct of the election, tabulation, or distribution of
results for those precincts, districts, or counties not
designated for postponement. The chief
election officer or clerk in the case of county elections shall give notice of
the postponement by whatever possible news or broadcast media are available.
In the event the chief election officer or the clerk in a county
election determines that the number of candidates or issues on the ballot in a
special, special primary, or special general election does not require the full
number of established [
districts,] precincts, the [ districts]
precincts may be consolidated for the purposes of the special, special
primary, or special general election into a small number of special, special
primary, or special general election [ districts.] precincts.
A special, special primary, or
special general election [
district] precinct shall be considered
the same as an established [ district] precinct for all purposes. No later than 4:30 p.m. on the tenth day before
the special, special primary, or special general election, the chief election
officer or the clerk shall give public notice, in the area in which the special,
special primary, or special general election is to be held, of the special,
special primary, or special general election [ districts.] precincts."
SECTION 10. Section 11-153, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The chief election officer or the clerk shall
make a list of all [
districts] precincts in which an overage or
underage occurred and the amount of the overage or underage. This list shall be filed and kept as a public
record in the office of the chief election officer or the clerk in county
An election contest may be brought
under part XI, if the overage or underage in any [
could affect the outcome of an election."
SECTION 11. Section 15-2.5, Hawaii Revised Statutes, is amended by amending the title and subsections (a) and (b) to read as follows:
Voting by mail in [
district] precinct affected by natural
disasters. (a) If the chief election officer and clerk of a
county affected as a result of a natural disaster determine that the opening of
a designated voter service center will adversely affect the health and safety of
voters or precinct officials, the chief election officer and county clerk, by
written order, may require the registered voters of any [ district] precinct
to vote by mail as provided in part VIIA of chapter 11.
Within thirty days after the issuance of such an order, the chief
election officer and county clerk shall notify all registered voters in the
district] precinct of the issuance of the order."
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect upon its approval.
Office of Elections Package; Elections; Precincts; Reinstatement
Reinstates the definition of "precinct" and amends the definition of "district" to facilitate the administration of elections.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.