Hawaii-2016-HB2152-Introduced

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . ELections by Mail

§11-A Elections eligible to be conducted by mail. (a) Beginning with the primary election, the office of elections shall implement elections by mail. Thereafter, all federal, state, and county primary, special primary, general, special general, and special elections shall be conducted by mail in accordance with this part; provided that any person registered to vote may request an absentee ballot or permanent absentee ballot in accordance with section 15-4, in lieu of receiving an election-by-mail ballot packet pursuant to this part.

(b) The chief election officer shall adopt rules pursuant to chapter 91 to provide for uniformity in the conduct of federal, state, and county elections by mail.

§11-B Procedures for conducting elections by mail. (a) Between eighteen and twenty-two days before the date of an election, the county clerk shall mail an election-by-mail ballot packet by nonforwardable mail to each registered voter who has not requested an absentee ballot or permanent absentee ballot in accordance with section 15-4.

(b) Public notice of the date or dates that election-by-mail ballot packets are mailed, delivered, or made available shall be given by the chief election officer and all county election officers in the manner prescribed in section 1-28.5 when all the packets have been mailed, delivered, or made available to voters.

(c) A voter may obtain a replacement ballot if the ballot was destroyed, spoiled, lost, or not received by the voter. The clerk shall keep a record of each ballot issued in accordance with this subsection to ensure that another ballot has not been returned by the voter.

(d) After receipt of an election-by-mail ballot packet, to cast a valid ballot the voter shall comply with the instructions included in the election-by-mail ballot packet. The instructions shall include information on election fraud and voter fraud, as provided in sections 19-3(5) and 19-3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.

(e) To cast a valid ballot, the voter shall return the marked ballot in the return envelope. The marked ballot may be returned by mail, to a place of deposit, or, beginning January 1, , to a voter service center; provided that the return envelope shall be received at the office of the clerk, place of deposit, or voter service center no later than the time provided in section 11-131 on the date of the election.

§11-C Counting of mail-in ballots. The method of preparing ballots for counting may begin no sooner than the seventh day before the election. In the presence of official observers, counting center employees may start to count the ballots on the day of the election. All handling and counting of election-by-mail ballots shall be according to procedures established by the chief election officer.

§11‑D Voter service centers; minimum number; designation; services provided. (a) Beginning on January 1, , voter service centers shall be established at the office of the respective county clerks and may be established at other sites as may be designated by the county clerk pursuant to this section and rules adopted by the chief election officer. Section 11-21 relating to changes and transfers of registration shall apply to each voter service center as though it were the precinct at which a person's name properly appears on the list of registered voters.

(b) Voter service centers shall be open from the tenth day preceding the day of the election through the day preceding the day of the election and at the same times statewide, except as may be provided in section 11-92.3 or by the chief election officer through administrative rules.

(1) For counties with at least four hundred thousand registered voters, at least twenty-five in each such county;

(2) For counties with at least seventy-five thousand but fewer than four hundred thousand registered voters, at least six in each such county;

(3) For counties with at least fifteen thousand but fewer than seventy-five thousand registered voters, at least three in each such county; and

(4) For counties with fewer than fifteen thousand registered voters, at least one voter service center in each such county;

provided that there shall be at least one voter service center on each inhabited island of the State.

(d) In designating voter service centers pursuant to this section, each county clerk shall consider the following factors to address the needs of the county:

(1) Proximity to public transportation lines and availability of parking;

(2) Geographic features, such as mountain passes, that tend to affect access and convenience;

(3) Equitable distribution across the county so as to afford maximally convenient options for voters;

(4) The existence and location of population centers;

(5) Access for persons with disabilities;

(6) Use of locations that have historically served as polling places for a significant number of voters;

(7) Use of schools, recreational halls, park facilities, and other publicly owned or controlled buildings that are known to voters in the county, especially to the extent that using such buildings results in cost savings compared to other potential locations; and

(8) When private locations are considered or designated as voter service centers in accordance with this section, methods and standards to ensure the security of voting conducted at such locations.

(e) Each county clerk shall solicit public comments in proposing voter service center locations and shall submit the proposed locations to the chief election officer for approval. The chief election officer shall adopt administrative rules, pursuant to chapter 91, to prescribe the manner of submission, public comment and notice requirements, deadline for submission, and criteria for approval of proposed voter service center locations.

(f) Each voter service center shall provide:

(1) The ability for an eligible voter to deposit or cast a ballot;

(2) The ability for an eligible voter to update the voter's address;

(3) The ability for an eligible voter who has legally changed the voter's name to have the voter's name changed;

(4) Facilities and equipment that are compliant with the federal Americans with Disabilities Act of 1990, title 42 United States Code section 12101 et seq., as amended;

(5) Electronic voting machines or other voting systems accessible to voters with disabilities;

(6) Voting booths;

(7) Ballots for distribution; and

(8) Pursuant to section 11‑15.2, beginning on January 1, 2018, the ability for an eligible voter to register to vote on the day preceding the day of the election."

SECTION 2. Section 11-1, Hawaii Revised Statutes, is amended as follows:

1. By adding four new definitions to be appropriately inserted and to read:

""Election-by-mail ballot packet" means the packet of information, including an official ballot, a pre-paid postage return identification envelope, a secrecy envelope, and instructions, that shall be provided by the county clerk to eligible voters in an election by mail.

"Place of deposit" means any state public library or any other site designated by the chief election officer for receiving return identification envelopes in an election by mail pursuant to part .

"Poll" or "polling place" means an office or other suitable facility designated by the respective clerks for the conduct of voting. Beginning on January 1, , the term "poll" or "polling place" means a voter service center.

"Voter service center" means a location established pursuant to section 11-D for accepting ballots and providing other services described in section 11‑D."

2. By amending the definitions of "ballot" and "voting system" to read:

""Ballot"[~~, a ballot including an absentee ballot, that is~~] means a written or printed, or partly written and partly printed paper or papers, containing the names of persons to be voted for, the office to be filled, and the questions or issues to be voted on. "Ballot" includes an absentee ballot and a ballot used in an election by mail pursuant to part . A ballot may consist of one or more cards or pieces of paper, or one face of a card or piece of paper, or a portion of the face of a card or piece of paper, depending on the number of offices, candidates to be elected thereto, questions or issues to be voted on, and the voting system in use. It shall also include the face of the mechanical voting machine when arranged with cardboard or other material within the ballot frames, containing the names of the candidates and questions to be voted on.

"Voting system"[,] means the use of paper ballots, electronic ballot cards, voting machines, items necessary for processing elections by mail, or any system by which votes are cast and counted."

SECTION 3. Section 11-4, Hawaii Revised Statutes, is amended to read as follows:

"§11‑4 Rules [~~and regulations~~]. The chief election officer may make, amend, and repeal [~~such~~] rules [~~and regulations~~] governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar matters relating thereto as in the chief election officer's judgment shall be necessary to carry out this title.

In making, amending, and repealing rules [~~and regulations~~] for voters who cannot vote at the polls or voter service centers in person or receive or return ballots by mail, and all other voters, the chief election officer shall provide for voting by [~~such~~] these persons in [~~such~~] a manner as to [~~insure~~] ensure secrecy of the ballot and to preclude tampering with the ballots of these voters and other election frauds. [~~Such~~] The rules [~~and regulations~~], when adopted in conformity with chapter 91 and upon approval by the governor, shall have the force and effect of law."

SECTION 4. Section 11-15.2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-15.2[]] Late registration. (a) Notwithstanding the closing of the general county register pursuant to section 11-24, a person who is eligible to vote but is not registered to vote may register by appearing in person:

(1) Prior to the day of the election, at any absentee polling place established pursuant to section 15-7 in the county associated with the person's residence; or

(2) On the day preceding the day of the election, at the [~~polling place~~] voter service center in the precinct associated with the person's residence.

(b) The county clerk shall designate a registration clerk, who may be an election official, at each of the absentee polling places in the county established pursuant to section 15-7, prior to the day of the election and at each of the [~~polling places~~] voter service centers in the county on the day of the election.

(c) The registration clerk shall process applications for any person not registered to vote who submits a signed affidavit in accordance with section 11-15, which shall include a sworn affirmation:

(1) Of the person's qualification to vote;

(2) Acknowledging that the person has not voted and will not vote at any other polling place or voter service center for that election and has not cast and will not cast any ballot by mail or any absentee ballot pursuant to chapter 15 for that election; and

(3) Acknowledging that providing false information may result in a class C felony, punishable by a fine not exceeding $1,000 or imprisonment not exceeding five years, or both.

(d) The registration clerk may accept, as prima facie evidence, the allegation of the person in the application regarding the person's residence in accordance with section 11‑15(b), unless the allegation is contested by a qualified voter. The registration clerk may demand that the person furnish substantiating evidence to the other allegations of the person's application in accordance with section 11-15(b).

(e) Registration may be challenged in accordance with section 11-25.

(f) Notwithstanding subsection (a), registration pursuant to this section may also be used by a person who is registered to vote but whose name cannot be found on the precinct list for the [~~polling place~~] voter service center associated with the person's residence.

(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 at the absentee polling place[,] or voter service center, the county clerk shall mail to the person a notice including the person's name, current street address, district 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 5. Section 11-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The clerk, not later than 4:30 p.m. on the sixtieth day after every general election, shall remove the name of any registered voter who did not vote in that general election, and also did not vote in the primary election preceding that general election, and also did not vote in the previous general election, and also did not vote in the primary election preceding that general election, and also did not vote in the regularly scheduled special elections held in conjunction with those primary and general elections, if any, with the exception of:

(1) Those who submitted written requests for absentee ballots as provided in section 15-4; or

(2) Anyone who preregistered pursuant to section 11-12(b).

If a person voted, at least once, in any of the above-mentioned elections, the person's name shall remain on the list of registered voters. For this purpose, "vote" means the mailing in of the ballot or the depositing of the ballot in the ballot box or at a place of deposit or voter service center, whether the ballot is blank or later rejected for any reason. In the case of voting machines, "vote" means the voter has activated the proper mechanism and fed the vote into the machine."

SECTION 6. Section 11-92.1, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§11-92.1 Election proclamation; [~~establishment of a new precinct.~~] precincts. (a) The chief election officer shall issue a proclamation [~~whenever a new precinct is established in any representative district.~~] listing all polling places and places of deposit. All places of deposit shall be open as soon as election-by-mail ballot packets are made available to voters. The chief election officer shall provide [~~a suitable polling place for each precinct.~~] one or more precincts within a representative district as the chief election officer deems necessary for voters who are unable to participate in elections by mail pursuant to part . Beginning on January 1, , voter service centers shall be made available pursuant to section 11-D. Schools, recreational halls, park facilities, and other publicly owned or controlled buildings, whenever possible and convenient, shall be used as polling places. The chief election officer shall make arrangements for the rental or erection of suitable shelter for this purpose whenever public buildings are not available and shall cause these polling places 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."

SECTION 7. Section 11-92.3, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"§11-92.3 Consolidated or alternate precincts; natural disasters; postponement; absentee voting [~~required~~]; elections by mail; special elections. (a) In the event of a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring prior to an election, that makes a precinct, place of deposit, or voter service center inaccessible, the chief election officer or county clerk in the case of county elections may consolidate precincts or provide an alternate precinct within a representative district. If the extent of damage caused by any natural disaster 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 county clerk in the case of county elections may [~~require the~~]:

(1) Require the registered voters of the affected precinct, district, or county to vote by absentee ballot pursuant to section 15-2.5 [~~and may postpone~~] or elections by mail pursuant to part ; and

(2) Postpone the conducting of an election in the affected precinct for no more than twenty-one days; provided that any such 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 county clerk in the case of county elections shall give notice of the consolidation, postponement, or requirement to vote by absentee ballot[,] or by mail, in the affected [~~county or~~] precinct, county, or district prior to the opening of [~~the~~] each precinct polling place by whatever possible news or broadcast media are available. Precinct officials and workers affected by any consolidation shall not forfeit their pay."

SECTION 8. Section 11-184, Hawaii Revised Statutes, is amended to read as follows:

"§11-184 Election expenses and responsibilities in combined state and county elections. Election expenses in elections involving both state and county offices shall be shared as set forth below:

(1) The State shall pay and be responsible for:

(A) Precinct officials;

(B) Instruction of precinct officials when initiated or approved by the chief election officer;

(D) Polling place costs other than supplies: installation rentals, ballot boxes, voting booths, custodians, telephones, and maintenance;

(E) Other equipment such as ballot transport containers;

(F) Temporary election employees hired to do strictly state work; and

(G) Extraordinary voter registration and voter education costs when approved by the chief election officer.

(2) The county shall pay and be responsible for:

(A) Normal voter registration, voters list maintenance, and all printing connected with voter registration, including printing of the voters list;

(B) Temporary election employees hired to do strictly county work;

(D) Maintenance and storage of voting devices and other equipment; and

(E) Employees assigned to conduct absentee or elections-by-mail polling place or voter service center functions.

(3) The remaining election expenses shall be divided in half between the State and the counties. Each county will pay a proration of expenses as a proportion of the registered voters at the time of the general election. These expenses shall include but not be limited to:

(A) Polling place supplies;

(B) All printing, including ballots, but excluding printing connected with voter registration;

(D) Ballot preparation and packing; and

(E) All other costs for which the State or county are not specifically responsible relating to the operation of voting machines, electronic voting systems, and other voting systems except paper ballots to include but not be limited to real property rentals, equipment rentals, personnel, mileage, telephones, supplies, publicity, computer programming, and freight.

The responsibility for the above functions shall be determined by the chief election officer where the responsibility for such functions has not been assigned by the legislature.

Any future expenses not presently incurred under any voting system now in use or to be used shall be assigned to [~~paragraphs~~] paragraph (1), (2), or (3) [~~above~~] by the chief election officer upon agreement with the clerks or by the legislature."

SECTION 9. Section 15-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Voter service center" means a location established pursuant to section 11-D for accepting ballots and providing other services described in section 11‑D."

SECTION 10. Section 15-7, Hawaii Revised Statutes, is amended as follows:

1. By amending the title to read:

"§15-7 Absentee polling place; registration at absentee polling place[.]; registration at voter service center.

2. By amending subsections (b) to (d) to read:

"(b) The absentee polling places shall be open [~~no later than~~] at least ten working days before election day, and all Saturdays falling within that time period, or as soon thereafter as ballots are available[~~; provided that all~~], and shall remain open through the day before election day. All absentee polling places shall be open on the same date statewide, as determined by the chief election officer. Beginning on January 1, , voter service centers shall be open in each county to receive absentee ballots and election-by-mail ballots pursuant to chapter 11, part and to provide other services described in section 11-D.

(1) Pursuant to chapter 11;

(2) Beginning on January 1, , prior to election day by appearing in person at the absentee polling place for the county in which the person maintains residence[.]; or

(3) Beginning on January 1, , from the tenth day preceding the day of an election through the day preceding the day of the election at any voter service center.

(d) The county clerk shall designate a registration clerk, who may be an election official[,]:

(1) Beginning on January 1, , at each of the absentee polling places established in the county[.], prior to election day; and

(2) Beginning on January 1, , from the tenth day preceding the day of an election through the day preceding the day of the election at any voter service center."

3. By amending subsection (i) to read:

"(i) The clerk of each county shall add persons who properly register at an absentee polling place or voter service center, as applicable, to the respective general county register. Within thirty days of registration at an absentee polling place[,] or voter service center, as applicable, the county clerk shall mail to the person a notice including the person's name, current street address, district 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 11. Section 15D-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§15D-3[]] Elections covered. The voting procedures in this chapter apply to:

(1) A general, special, or primary election for federal office;

(2) A general, special, or primary election for statewide or state legislative office or state ballot measure; and

(3) A general, special, recall, primary, or runoff election for local government office or local ballot measure conducted under [~~section 11-91.5~~] part of chapter 11 for which absentee voting or voting by mail is available for other voters."

SECTION 12. Section 19-6, Hawaii Revised Statutes, is amended to read as follows:

"§19-6 Misdemeanors. The following persons shall be guilty of a misdemeanor:

(1) Any person who offers any bribe or makes any promise of gain, or with knowledge of the same permits any person to offer any bribe or make any promise of gain for the person's benefit to any voter to induce the voter to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after the signing;

(2) Any person who wilfully tears down or destroys or defaces any election proclamation or any poster or notice or list of voters or visual aids or facsimile ballot, issued or posted by authority of law;

(3) Any person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness, or color to the official ballot so that it could be cast or counted as an official ballot in an election;

(4) Every person who is disorderly or creates a disturbance whereby any meeting of the precinct officials or the board of registration of voters during an election is disturbed or interfered with; or whereby any person who intends to be lawfully present at any meeting or election is prevented from attending; or who causes any disturbance at any election; and every person assisting or aiding or abetting any disturbance;

(5) Every person who, either in person or through another, in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the board of registration of voters, or in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election;

(6) Any person, other than those designated by section 11‑132, who remains or loiters within the area set aside for voting as set forth in section 11-132 during the time appointed for voting;

(7) Any person, including candidates carrying on any campaign activities within the area described in section 11-132 during the period of time starting one hour before the polling place opens and ending when the polling place closes for the purpose of influencing votes. Campaign activities shall include the following:

(A) Any distribution, circulation, carrying, holding, posting, or staking of campaign cards, pamphlets, posters and other literature;

(B) The use of public address systems and other public communication media;

(D) The use of entertainment troupes or the free distribution of goods and services;

(8) Any person who opens a return envelope containing [~~an absentee~~]:

(A) An absentee ballot voted under chapter 15 other than those persons authorized to do so under chapter 15; or

(B) A ballot voted by mail under part of chapter 11 other than those persons authorized to do so under part of chapter 11;

(9) Any unauthorized person found in possession of any voting machine or keys thereof; and

(10) Every person who wilfully violates or fails to obey any of the provisions of law, punishment for which is not otherwise in this chapter specially provided for."

SECTION 13. Section 11-91.5, Hawaii Revised Statutes, is repealed.

["~~§11-91.5 Federal, state, and county elections by mail.~~ ~~(a) Any federal, state, or county election held other than on the date of a regularly scheduled primary or general election may be conducted by mail.~~

~~(b) The chief election officer shall determine whether a federal or state election, other than a regularly scheduled primary or general election, may be conducted by mail or at polling places.~~

(c) The county clerk shall determine whether a county election, held other than on the date of a regularly scheduled primary or general election, may be conducted by mail or at polling places. An election by mail in the county shall be under the supervision of the county clerk.

~~(d) Any ballot cast by mail under this section shall be subject to the provisions applicable to absentee ballots under sections 11-139 and 15-6.~~

~~(e) The chief election officer shall adopt rules pursuant to chapter 91 to provide for uniformity in the conduct of federal, state, and county elections by mail.~~"]

SECTION 14. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the purpose of implementing and administering the election by mail program.

The sum appropriated shall be expended by the office of elections for the purposes of this Act.

SECTION 15. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 2016; provided that:

(1) Section 10 of this Act shall take effect on January 1, 2017;

(2) Section 11-15.2, Hawaii Revised Statutes, as amended by section 4 of this Act, shall take effect on January 1, 2019; and

(3) Section 11-D, Hawaii Revised Statutes, established by section 1 of this Act, shall take effect on January 1, .

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2152
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII