Bill Text: HI HB348 | 2012 | Regular Session | Introduced
Bill Title: Voting Rights; Incarcerated Persons
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB348 Detail]
Download: Hawaii-2012-HB348-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
348 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VOTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that disenfranchisement of persons following criminal convictions undermines democratic ideals by depriving otherwise-qualified citizens of their right to vote. According to the National Association for the Advancement of Colored People, disenfranchisement based on criminal conviction has a disproportionate effect on communities of color, which often experience a higher incarceration rate than do white communities.
According to the American Correctional Association, the loss of the right to vote impedes "the successful reentry of offenders as responsible, productive citizens into the community." Voting can be an opportunity for inmates to learn about candidates and issues, engage in civic education, and prepare for reintegration into society. Allowing incarcerated persons to retain their right to vote via absentee ballot would benefit the State by helping inmates remain aware of the issues that are important to society so that they may participate more fully in their communities upon release.
The purpose of this Act is to allow incarcerated individuals who are Hawaii residents immediately prior to incarceration to vote in Hawaii elections via absentee ballot.
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 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] the 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] the place, does not establish
residency, neither does mere physical presence without the concurrent present
intention to establish [such] the place as the person's
residence;
(5) 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[;], jail, correctional facility, or community correctional
facility within or outside of the State;
(6) 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) 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. 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) Date of birth;
(4) Residence, including mailing address;
(5) 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;
(6) That the person is a citizen[.]; and
(7) For persons held or incarcerated in a prison, jail, correctional center, or community correctional center, the address or location of the person's last voluntary residence."
SECTION 4. Section 11-23, Hawaii Revised Statutes, is amended to read as follows:
"§11-23 Changing register; striking
names of disqualified voters. (a) Whenever the clerk receives from the
department of health or any informing agency, information of the death, [loss
of voting rights of a person sentenced for a felony as provided in section
831-2,] adjudication as an incapacitated person under the provisions of
chapter 560, loss of citizenship, or any other disqualification to vote, of any
person registered to vote in that county, or who the clerk has reason to
believe may be registered to vote therein, the clerk shall thereupon make [such]
an investigation as may be necessary to prove or disprove the
information, giving the person concerned, if available, notice and an opportunity
to be heard. If after the investigation the clerk finds that the person is
dead, or incapacitated to the extent that the person lacks sufficient
understanding or capacity to make or communicate responsible decisions
concerning voting, [or has lost voting rights pursuant to section 831-2,]
or has lost citizenship, or is disqualified for any other reason to vote, the
clerk shall remove the name of the person from the register.
(b) The clerk shall make and keep an index of
all information furnished to the clerk under any requirements of law concerning
any of the matters in this section. Whenever any person applies to register as
a voter, the clerk shall, before registering the person, consult the index for
the purpose of ascertaining whether or not the person is in any manner
disqualified to vote. Any person whose name is removed from the register of
voters under this section may appeal in the manner provided by sections 11-26
and 11-51, and [such] the proceedings shall be had upon the
appeal as in other appeals under these sections."
SECTION 5. Section 15-2, Hawaii Revised Statutes, is amended to read as follows:
"§15-2 Who may vote by absentee ballot. (a) Any person registered to vote may cast an absentee ballot in the manner provided in this chapter and rules adopted by the chief election officer.
(b) Absentee ballot shall be the method of voting for all persons registered to vote as residents of the State who are confined in a prison, jail, correctional center, or community correctional center."
SECTION 6. Section 15-5, Hawaii Revised Statutes, is amended to read as follows:
"§15-5 Delivery of ballots. (a)
Immediately upon receipt of a request within the time limit specified in
section 15-4, the clerk shall examine the records to ascertain whether or not
the voter is lawfully entitled to vote as requested. As soon as the printed
official ballots are available, the clerk shall mail in a forwarding envelope
or deliver in person if the voter appears at the office of the clerk, an
official ballot and other materials prescribed in section 15-6 except that an
incapacitated voter may send a representative to obtain the voter's ballots
pursuant to the rules [promulgated] adopted by the chief election
officer. All requests received upon the last day specified in section 15-4 for
receipt shall be mailed to the voter requesting the same as soon as reasonably
practicable, but in no event later than twenty-four hours after receipt
thereof.
(b) The chief election officer may adopt rules for the preparation of special ballots of such different weight of paper, overall size and shape, or other physical criteria as shall be prescribed by the elections commission or other federal or state officer to conform with minimum postal, military, correctional, or other federal or state regulations or orders regarding the transportation and delivery of the ballots; provided that the text is identical in substance, except as to type size, with that appearing on the official ballots.
[(b)] (c) If mailed absentee ballots
are not received by the voter within five days of an election, the voter may
request that absentee ballots be forwarded by facsimile. Upon receipt of [such]
a request and confirmation that proper application was made, the clerk may
transmit appropriate ballots by facsimile together with a form requiring the
affirmations and information required by section 15-6, and a form containing a
waiver of the right to secrecy, as provided by section 11-137. The voter may
return the voted ballots and executed forms by facsimile or mail; provided that
they are received by the issuing clerk no later than the close of polls on
election day. Upon receipt, the clerk shall verify compliance with the
requirements of section 15-9(c), and prepare the ballots for counting pursuant
to section 15-10."
SECTION 7. Section 831-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A person sentenced for a felony,
from the time of the person's sentence until the person's final discharge, may
not[:
(1) Vote in an election, but if the
defendant is placed on probation or the defendant is paroled after commitment
to imprisonment, the defendant may vote during the period of the probation or
parole; or
(2) Become] become a candidate
for or hold public office."
SECTION 8. Section 831-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the sentence was in this State,
the order, certificate, or other instrument of discharge, given to a person
sentenced for a felony upon the person's discharge after completion of service
of the person's sentence or after service under probation or parole, shall
state that the [defendant's rights to vote and to hold any future public
office,] rights of which the defendant was deprived by this chapter[,]
are thereby restored and that the defendant suffers no other disability by
virtue of the defendant's conviction and sentence except as otherwise provided
by this chapter. A copy of the order or other instrument of discharge shall be
filed with the clerk of the court of conviction."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Voting Rights; Incarcerated Persons
Description:
Provides that incarcerated persons who were Hawaii residents at the time of their arrest may vote via absentee ballot in state elections.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
