Bill Text: HI HB673 | 2021 | Regular Session | Introduced

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Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-01-27 - Referred to JHA, FIN, referral sheet 1 [HB673 Detail]

Download: Hawaii-2021-HB673-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	673
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.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§11-     Election discussion group; recommendations to legislature.  (a)  No later than thirty days after each general election, an election discussion group shall convene to review the most recent primary and general elections.  The election discussion group shall consist of:

     (1)  The chief election officer, or the chief election officer's designee, who shall serve as the chair of the group;

     (2)  The clerk of each county, or each clerk's respective designee;

     (3)  The president of the senate, or the president's designee;

     (4)  The speaker of the house of representatives, or the speaker's designee;

     (5)  The minority leader of the senate, or the minority leader's designee;

     (6)  The minority leader of the house of representatives, or the minority leader's designee;

     (7)  One political scientist designated by the board of regents of the university of Hawaii, who shall be invited to participate;

     (8)  One advocate for voter education designated by the Executive Director of Common Cause Hawaii, who shall be invited to participate;

     (9)  One advocate for voter education designated by the President of League of Women Voters of Hawaii, who shall be invited to participate; and

    (10)  One advocate for voter education designated by the Executive Director of the American Civil Liberties Union of Hawaii, who shall be invited to participate.

     (b)  The members of the election discussion group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (c)  The election discussion group shall submit its recommendations for improvements to election law, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the next regular session."

     SECTION 2.  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 apply to register by appearing in person at any voter service center on or before election day.  For the purposes of this section, appearing in person on election day includes standing in line by the time provided in section 11-131.

     (b)  The clerk shall designate a registration clerk, who may be an election official, at each voter service center.

     (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 attempt to vote again in that election, and has not cast and will not cast any absentee ballot pursuant to chapter 15 in 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 county register.

     (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 address, district, 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.

     (h)  If the clerk is able to determine on election day that an applicant who did not register to vote before election day is eligible to be registered that day, the applicant may cast a vote with a regular ballot.  If additional time is required to process the application, the applicant may cast a vote with a provisional ballot; provided that the ballot's validity shall be subject to section 11-108(c)."

     SECTION 3.  Section 11-104, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The instructions shall [include]:

     (1)  Inform the voter that translated ballot materials are available at the office of elections and the office of the clerk; and

     (2)  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.

     (c)  To cast a valid ballot, the voter shall return the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot:

     (1)  By mail so that the return identification envelope is postmarked no later than the date of the election and received at the office of the clerk no later than five business days after the closing time provided in section 11-131 on the date of the election;

     (2)  By personal delivery at any place of deposit no later than 7:00 p.m. on the date of the election; provided that any voter who is standing in line at a place of deposit at 7:00 p.m. on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote; or

     (3)  By personal delivery to any voter service center no later than the closing time provided in section 11-131 on the date of the election; provided that any voter who is standing in line at a voter service center at the closing time provided in section 11-131 on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote."

     SECTION 4.  Section 11-107, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The voter may return the completed replacement ballot and executed forms:

     (1)  By electronic transmission so that the completed replacement ballot and executed forms are received at the office of the clerk no later than the closing time provided in section 11-131 on the date of the election; provided that electronic transmission pursuant to this paragraph shall be available to the voter only if the voter is a covered voter as defined in section 15D-2; provided further that this paragraph shall not be construed to impose any additional requirements for the electronic transmission of votes for covered voters pursuant to chapter 15D;

     (2)  By mail so that the completed replacement ballot and executed forms are postmarked no later than the date of the election and received at the office of the clerk no later than five business days after the closing time provided in section 11-131 on the date of the election;

     (3)  By personal delivery to any place of deposit no later than 7:00 p.m. on the date of the election; provided that any voter who is standing in line at a place of deposit at 7:00 p.m. on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote; or

     (4)  By personal delivery to a voter service center no later than the closing time provided in section 11-131 on the date of the election; provided that any voter who is standing in line at a voter service center at the closing time provided in section 11-131 on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote."

     SECTION 5.  Section 11-109, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-109[]]  Voter service centers; places of deposit.  (a)  Voter service centers shall be established [at the office of the clerk, and may be established at additional locations within a county as may be designated] by [a] each clerk to service the particular needs of [a] the respective county's voters[.] pursuant to this section and to rules adopted by the chief election officer pursuant to chapter 91 relating to the siting of voter service centers.

     (b)  [Voter] The following voter service centers shall be established and shall be open from the tenth business day preceding the day of the election during regular business hours until the time provided in section 11-131 on the date of the election and at the same times statewide[.]:

     (1)  An inhabited island of no more than three hundred square miles shall have no fewer than one voter service center;

     (2)  An inhabited island of more than three hundred square miles but no more than one thousand square miles shall have no fewer than three voter service centers; provided that the island shall have no fewer than two additional voter service centers open on election day; provided further that each voter service center shall be located no less than ten miles from any other voter service center established pursuant to this paragraph; and

     (3)  An inhabited island of more than one thousand square miles shall have no fewer than four voter service centers; provided that the island shall have no fewer than two additional voter service centers open on election day; provided further that each voter service center shall be located no less than fifteen miles from any other voter service center established pursuant to this paragraph.

     (c)  Each clerk may operate additional voter service centers with varying days or hours of operation on non-election days to service the voters of particular areas that otherwise could not support the days or hours of operation in accordance with subsection (b); provided that any voter service center operated pursuant to this section shall operate during the hours provided in section 11-131 on the date of the election.

     [(c)] (d)  Each voter service center shall provide the services specified in section 11-1 under the definition of "voter service center".

     [(d  The clerks may] (e)  Each clerk shall designate and provide for places of deposit to be open [five business days before the] to receive ballots for an election beginning on the day the clerk begins mailing ballot packages for that election pursuant to section 11-102(b) until 7:00 p.m. on the day of the election; provided that the [locations]:

     (1)  Locations for the places of deposit are determined pursuant to rules adopted by the chief election officer pursuant to chapter 91 establishing the requirements and procedures for siting of places of deposit; provided further that the rules shall require no fewer than a total of fifty places of deposit statewide; and

     (2)  Locations and apparatus for receiving voted ballots can be securely maintained during the period of use for each election, and as may be permitted by the operational hours."

     SECTION 6.  Section 11-131, Hawaii Revised Statutes, is amended to read as follows:

     "§11-131  Voter service center hours.  The hours of voting at voter service centers shall be:

     (1)  [Regular business] On any day of operation other than an election day, the hours as prescribed in section 11-109 [and by the clerk]; and

     (2)  On an election day, from 7:00 a.m. until 7:00 p.m. of that day.

If, at 7:00 p.m. on an election day, any voter is standing in line at a voter service center with the desire of entering and voting, but due to the voter service center being overcrowded has been unable to do so, the voter shall be allowed to vote.  No voter shall be permitted to enter or join the line after the prescribed hours of voting specified in this section."

     SECTION 7.  Section 11-132, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Election officials shall post in a conspicuous place, before operation of voting service centers or places of deposit, a map designating an area of two hundred feet from the perimeter of any voter service center, place of deposit, and its appurtenances.  Any person who [remains or] loiters within this specified area [for the purpose of campaigning] with no valid purpose under this section shall be guilty of a misdemeanor.  Any person who enters or remains within this specified area for the purpose of campaigning shall be guilty of a class C felony.  For the purposes of this section, a voter service center, place of deposit, and its appurtenances shall include:

     (1)  The building in which a voter service center, place of deposit, or its appurtenances are located;

     (2)  Any parking lot adjacent to the building and routinely used for parking at that building;

     (3)  The routes of access between the building and any parking lot; [and]

     (4)  Any route of access between any public thoroughfare (right of way) and the voter service center, place of deposit, or its appurtenances, to ensure an open and accessible ingress and egress to and from the voter service center, place of deposit, or appurtenances for voters[.]; and

     (5)  Any line intended for individuals waiting to vote, deposit a ballot, or register to vote at a voter service center or place of deposit."

     SECTION 8.  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, destroys, or defaces any election proclamation, poster, notice, list of voters, 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 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] with a valid purpose under 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; provided that a person who enters or remains within this specified area for the purpose of campaigning shall be guilty of an offense as provided in section 11-132;

    [(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 voting opens and ending when voting 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;

          (C)  The use of motor caravans or parades; and

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

     (8)] (7)  Any person who opens a return envelope containing:

          (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 VIIA of chapter 11 other than those persons authorized to do so under part VIIA of chapter 11;

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

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

     SECTION 9.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Election Discussion Group; Voter Service Centers; Vote By Mail

 

Description:

Requires an election discussion group to submit recommendations to the legislature regarding election law.  Amends election day registration and voting procedures for an individual who is not registered to vote before election day to authorize the clerk to give the individual a provisional ballot instead of a regular ballot under certain circumstances.  Requires ballot package instructions to inform voters of the availability of translated ballot materials.  Allows for counting of timely-postmarked ballots if they are received by the clerk within 5 business days of an election.  Restricts electronic transmission of votes to certain military voters.  Improves availability of voter service centers and places of deposit.  Increases penalty for campaigning at or near voter service centers and places of deposit.  Specifically includes lines at voter service centers and places of deposit in the area in which loitering and campaigning are prohibited.

 

 

 

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