Bill Text: HI HB2560 | 2024 | Regular Session | Introduced
Bill Title: Relating To Elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-30 - The committee(s) on JHA recommend(s) that the measure be deferred. [HB2560 Detail]
Download: Hawaii-2024-HB2560-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2560 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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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 the statutory criteria for determining residency under the elections laws of the State is formulated to be consistent with the common law concept of domicile. Under both, a person establishes a new residence only when the person is physically present at the new location while concurrently holding the intent to make, at that moment, that new location the person's new permanent residence. Since both elements – physical presence and present intention – are required to establish a new residence, a person's absence from an established residence does not destroy it, so long as there is no present intention to reside in the other location.
The legislature further finds, however, that under the statutory criteria and common law, an absence may be for a prolonged period of time, if the person continuously lacks the requisite intention to make another location a permanent residence. The legislature is concerned that there are situations where a person is allowed to vote by simply claiming to be absent, while simultaneously living in another singular location for a prolonged duration. The legislature does recognize that there may be bona fide, but rare, instances in which a person has multiple successive temporary absences that collectively span a prolonged period of time. Nonetheless, the ability of a person, who spends a prolonged absence in another singular location, to vote adequately highlights the need to clarify the statutory criteria for determining residency under the State's elections laws.
Accordingly, the purpose of this Act is to, under the criteria for determining residency for election purposes, establish a rebuttable presumption that a person has established a new residence in a place if that person has been absent for a prolonged period of time during which the person has only been in one place.
SECTION 2. Section 11-13, Hawaii Revised Statutes, is amended to read as follows:
"§11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse. The following rules shall determine residency for election purposes only:
(1) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is temporarily absent, the person has the intention to return;
(2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person's permanent dwelling place within such precinct;
(3) If a person resides with the person's family in one place, and does business in another, the former is the person's place of residence; but any person having a family, who establishes the person's dwelling place other than with the person's family, with the intention of remaining there shall be considered a resident where the person has established such dwelling place;
(4) The mere intention to acquire a new residence without physical presence at such place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish such place as the person's residence;
(5) If a person has been absent for a prolonged
period of time during which the person has only been in one place, there shall
be a rebuttable presumption that the person intended to establish the person's
permanent dwelling place and has established a new residence at that place;
[(5)] (6)
A person does not gain or lose a residence solely by reason of the
person's presence or absence while employed in the service of the United States
or of this State, or while a student of an institution of learning, or while
kept in an institution or asylum, or while confined in a prison;
[(6)] (7)
No member of the armed forces of the United States, the member's spouse
or the member's dependent is a resident of this State solely by reason of being
stationed in the State; and
[(7)] (8)
A person loses the person's residence in this State if the person votes
in an election held in another state by absentee ballot or in person.
In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Residency; Rebuttable Presumption; Prolonged Absence
Description:
Establishes a rebuttable presumption that a person established a new residence in a place if that person has been absent for a prolonged period of time during which the person has only been in one place.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
