Bill Text: HI HB740 | 2022 | Regular Session | Amended

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Bill Title: Relating To Voting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB740 Detail]

Download: Hawaii-2022-HB740-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	740
THIRTY-FIRST LEGISLATURE, 2021		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO VOTING.

 

 

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 II to be appropriately designated and to read as follows:

     "§11-     Automatic registration.  (a)  An application for voter registration, including an affidavit, shall be a part of the application for issuance of a driver's license, provisional license, or instruction permit under section 286-111 and the application for issuance of an identification card under section 286-303.  Each application for voter registration shall include a space to request a change of name or address.

     (b)  Applications for a driver's license, provisional license, instruction permit, or identification card shall not be processed until the applicant completes the portion of the application related to voter registration, including change of name or address, or clearly indicates that the applicant declines to be registered to vote or to update an existing record.  Unless an applicant affirmatively declines to be registered to vote or to update an existing record, the submission of the application for a driver's license, provisional license, or instruction permit under section 286-111 and the application for an identification card under section 286-303 shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the applicant as a voter or to make changes to the applicant's voter registration information.

     The examiner of drivers shall:

     (1)  Include an opportunity for the applicant to elect to participate in the address confidentiality program pursuant to chapter 801G;

     (2)  Electronically transmit the necessary information, including any election to participate in the address confidentiality program, to the clerk of the county in which the applicant resides, election officials, and the online voter registration system pursuant to subsection (d);

     (3)  Not transmit any information necessary to register an applicant as a voter or change any voter registration information if the applicant affirmatively declined to be registered to vote or to update an existing record; and

     (4)  Not transmit any information relating to an applicant pursuant to this section if the applicant presents, as part of the application for a driver's license, provisional license, instruction permit, or identification card, a document that demonstrates lack of United States citizenship.  Any applicant for issuance or renewal of a driver's license, provisional license, instruction permit, or identification card who provides as identification a document that neither demonstrates United States citizenship nor a lack thereof shall be presented with an affidavit offering the applicant the opportunity to affirm United States citizenship, and the examiner of drivers shall not transmit any information relating to the applicant pursuant to this section without the completed affidavit.

     (c)  Upon receipt of the completed voter registration application transmitted from the examiner of drivers, the clerk shall review and either approve or reject the voter registration application in accordance with this part; provided that approved voter registration applications received from the examiner of drivers pursuant to this section shall be treated as having a valid signature for purposes of section 11‑15(c), whether transmitted electronically or by facsimile transmission.  Upon approval of the voter registration application, including a change of voter registration information, the clerk shall proceed to number the application and register the name of the voter in the general county register as provided in section 11‑14, or make changes to the voter's existing voter registration information, as applicable.

     (d)  Databases maintained or operated by the counties or the department of transportation containing driver's license, provisional license, instruction permit, or identification card information, including any documents or images, shall be provided electronically to election officials and the online voter registration system to allow for the timely processing of voter applications, ensure the integrity of the voter registration polls, and for any other government purpose, as determined by the director of transportation.

     (e)  Unless a person who is ineligible to register to vote intentionally took voluntary action to register to vote while knowing that the person was not eligible to register, the transfer of the person's electronic record to a county clerk under this section does not constitute the completion of a voter registration form by a person who is ineligible to register to vote, and the person shall not be considered to have registered to vote or have made a false claim of United States citizenship.  If the registration is processed by the clerk of the county in which the person resides, the registration shall be presumed to have been officially authorized by the State and the person shall not be subject to any penalty under the Hawaii Revised Statutes.

     (f)  If a person who is ineligible to vote becomes registered to vote pursuant to this section, or votes or attempts to vote in an election held after the effective date of the person's registration, the person shall not be guilty of voter fraud under section 19-3.5, unless the person intentionally took voluntary action to register to vote while knowing that the person was not eligible to register, or intentionally took voluntary action to vote while knowing that the person was not eligible to vote."

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new section to part VI to be appropriately designated and to read:

     "§286-A  Voter registration.  (a)  A qualified applicant for a new or renewed motor vehicle driver's license, provisional license, or instruction permit shall automatically be registered to vote with the clerk of the appropriate county upon completion of the license or permit application, unless the applicant affirmatively declines on the application form to be registered to vote.  The application shall also update the applicant's name or address in the case of existing voter registration information, unless the applicant declines to do so.

     (b)  Unless an applicant affirmatively declines to be registered to vote or to update an existing record, the submission of the affidavit and application for voter registration, together with the license or permit application, shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the applicant as a voter or to make changes to the applicant's voter registration information, including the applicant's election to participate in the address confidentiality program pursuant to chapter 801G.

     The examiner of drivers shall:

     (1)  Electronically transmit the necessary information to the clerk of the county in which the applicant resides, election officials, and the statewide voter registration system pursuant to section 11-   (d);

     (2)  Not transmit any information necessary to register an applicant as a voter if the applicant affirmatively declined to be registered to vote or to update an existing record; and

     (3)  Not transmit any information relating to an applicant pursuant to this section if the applicant presents, as part of the license or permit application, a document that demonstrates lack of United States citizenship.  Any applicant for issuance or renewal of a driver's license, provisional license, or instruction permit who provides as identification a document that neither demonstrates United States citizenship nor a lack thereof shall be presented with an affidavit offering the applicant the opportunity to affirm United States citizenship, and the examiner of drivers shall not transmit any information relating to the applicant pursuant to this section without the completed affidavit.

     (c)  For the purposes of this section, "qualified applicant" means a person who qualifies by law to register as a voter."

     2.  By adding a new section to part XVI to be appropriately designated and to read:

     "§286-B  Voter registration.  (a)  A qualified applicant for a new, renewed, or duplicate identification card shall automatically be registered to vote with the clerk of the appropriate county upon completion of the identification card application, unless the applicant affirmatively declines on the application form to be registered to vote.  The application shall also update the applicant's name or address in the case of existing voter registration information, unless the applicant declines to do so.

     (b)  Unless an applicant affirmatively declines to be registered to vote or to update an existing record, the submission of the affidavit and application for voter registration, together with the identification card application, shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the applicant as a voter or make changes to the applicant's voter registration information, including the applicant's election to participate in the address confidentiality program pursuant to chapter 801G.

     The examiner of drivers shall:

     (1)  Electronically transmit the necessary information to the clerk of the county in which the applicant resides, election officials, and the online voter registration system pursuant to section 11‑   (d);

     (2)  Not transmit any information necessary to register an applicant as a voter if the applicant affirmatively declined to be registered to vote or to update an existing record; and

     (3)  Not transmit any information relating to an applicant pursuant to this section if the applicant presents, as part of the identification card application, a document that demonstrates lack of United States citizenship.  Any applicant for issuance or renewal of an identification card who provides as identification a document that neither demonstrates United States citizenship nor a lack thereof shall be presented with an affidavit offering the applicant the opportunity to affirm United States citizenship, and the examiner of drivers shall not transmit any information relating to the applicant pursuant to this section without the completed affidavit.

     (c)  For the purposes of this section, "qualified applicant" means a person who qualifies by law to register as a voter."

     SECTION 3.  Section 286-108, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in section 286-107.5(a), the examiner of drivers shall examine every applicant for a driver's license, except as otherwise provided in this part.  The examination shall include a test of:

     (1)  The applicant's eyesight and any further physical examination that the examiner of drivers finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways;

     (2)  The applicant's ability to understand highway signs regulating, warning, and directing traffic;

     (3)  The applicant's knowledge of the rules of the road based on the traffic laws of the State and the traffic ordinances of the county where the applicant resides or intends to operate a motor vehicle; provided that the examination shall specifically test the applicant's knowledge of the provisions of section 291C-121.5 and section 291C-137; and

     (4)  The actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

The examinations shall be appropriate to the operation of the category of motor vehicle for which the applicant seeks to be licensed and shall be conducted as required by the director.

     The examiner of drivers shall require every applicant to comply with section 286-102.5.

     The examiner of drivers may waive the actual demonstration of ability to operate a motorcycle or motor scooter for any person who furnishes evidence, to the satisfaction of the examiner of drivers, that the person has completed the motorcycle education course approved by the director in accordance with section 431:10G-104.

     [At the time of examination, an application for voter registration by mail shall be made available to every applicant for a driver's license.]

     For the purposes of this section, the term "applicant" does not include any person reactivating a license under section 286‑107.5(a)."

     SECTION 4.  Section 286-111, Hawaii Revised Statutes, is amended to read as follows:

     "§286-111  Application for license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit; fees.  (a)  Every application for an instruction permit, provisional license, driver's license, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths.  The examiner of drivers and officers serving under the examiner may administer the oaths without charge.  Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county, and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged.  An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license.  All of the foregoing fees shall become county realizations.

     (b)  The director shall establish by rule a standard fee for all driver's license applicants who require verification through the federal system that their presence in the United States is authorized by federal law.  The fees collected shall become state realizations and be deposited into the state highway fund.  The State shall reimburse the counties all costs of verification through the federal system.  The amount of reimbursement shall be determined by the director of transportation.

     (c)  The director of transportation shall establish a fee schedule for all commercial driver's licensing examinations.  The fees collected for a commercial driver's license shall become state realizations and shall be deposited in the state highway fund.  The State shall reimburse the counties all costs for administering the commercial driver's licensing program.  The amount of reimbursement shall be determined by the director of transportation.

     (d)  Every application shall state the full name, date of birth, gender designation, occupation, veteran status if applicable (including veterans of the Korean conflict and persons who served in the armed forces of the Republic of Korea, who fought under the command of the United Nations led by the United States, during the Korean conflict and are currently United States citizens) and desired by the applicant, social security number if the applicant is eligible for a social security number, the residence address, and business address, if any, of the applicant, shall briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and in what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, or refusal.

     The examiner of drivers shall not require documentation for an applicant's selection of gender designation or an applicant's request for an amendment to a gender designation other than the applicant's self-certification of their chosen gender designation; provided that the examiner of drivers shall not be prohibited from requiring documentation that may incidentally show an applicant's birth sex category if [such] the documentation is necessary to establish that the applicant is legally entitled to a license.

     For [[]purposes[]] of this subsection, "gender designation" shall have the same meaning as in section 286-109(a).

     (e)  Except as provided in section 286-104.5, if the applicant is not eligible to receive a social security number, the applicant shall submit, in lieu of providing proof of social security number pursuant to subsection (d):

     (1)  A United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number; and

     (2)  Either:

          (A)  A government-issued photo identification document; or

          (B)  Other identification documents as deemed acceptable by the director.

     (f)  An application for a driver's license, provisional license, or instruction permit shall include the affidavit and voter registration application required under section 11-   ."

     SECTION 5.  Section 286-303, Hawaii Revised Statutes, is amended to read as follows:

     "§286-303  Application for identification card.  (a)  Application for the identification card shall be made in person by any adult or minor.  In the case of a minor under the age of fourteen years, the application shall be made on the minor's behalf by the parent, or by another individual in loco parentis of the minor who can provide proof of guardianship.  In the case of an incompetent individual, the application shall be made by the individual having the custody or control of or maintaining the incompetent individual.  A non‑compliant identification card shall be issued in accordance with section 286-301.5 for applications not made in person.

     (b)  Application for renewal of an identification card issued after November 1, 1998, for an individual eighty years of age or older may be done by mailing in or electronically submitting a completed application and fee, if there is no change in name and citizenship status.  The director shall adopt rules to allow for renewal by mail or electronic methods for individuals with physical or intellectual disabilities for whom application in person presents a serious burden.  For an individual who has a letter from a licensed primary care provider certifying that a severe disability causes the individual to be homebound, the director shall adopt rules allowing for application for renewal of an identification card under this section by means other than in-person appearance.  A non-compliant identification card shall be issued in accordance with section 286-301.5 for renewal applications not made in person.

     (c)  Every application for an identification card or duplicate of an identification card shall be made on a form developed by the director and furnished by the examiner of drivers, signed by the applicant, and signed by the applicant's parent or guardian if the applicant is under eighteen years of age.  The application shall contain the following information:

     (1)  Name and complete address, including the number and street name, of the applicant's permanent residence;

     (2)  The applicant's occupation and any pertinent data relating thereto;

     (3)  The applicant's citizenship status;

     (4)  The applicant's veteran status if applicable and desired by the applicant;

     (5)  The applicant's date and place of birth;

     (6)  General description of the applicant, including the applicant's gender designation, height, weight, hair color, and eye color;

     (7)  The applicant's left and right index fingerprints or, if clear impressions cannot be obtained, other identifying imprints as specified by rules of the director;

     (8)  The social security number of the applicant; and

     (9)  A digitized frontal photograph of the applicant's full face.

Each applicant shall present documentary evidence as required by the examiner of drivers of the applicant's age and identity, and the applicant shall swear or affirm that all information given is true and correct; provided that an applicant shall not be required to provide documentation to prove the applicant's gender designation other than the applicant's self-certification of their chosen gender designation; provided further that documentation that may incidentally show an applicant's birth gender may be required if necessary to establish that the applicant is legally entitled to an identification card.

     For purposes of this subsection, "gender designation" shall have the same meaning as in section 286-109(a).

     (d)  The application also shall state whether the applicant has an advance health-care directive.  If the applicant has an advance health-care directive, the identification card shall bear the designation "AHCD".

     (e)  [The examiner of drivers, in accordance with section 11-15, at the time of application, shall make available an application for voter registration to every applicant for an identification card who is eligible to register to vote.] An application for an identification card from the examiner of drivers shall include the affidavit and voter registration application required under section 11-   .

     (f)  The examiner of drivers shall maintain a suitable, indexed record of all applications.

     (g)  For the purpose of this section, "AHCD", which stands for "advance health-care directive", means an individual instruction in writing, a living will, or a durable power of attorney for health care decisions."

     SECTION 6.  Section 286-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  All information and records acquired by the examiner of drivers under this part shall be confidential[.]; provided that the examiner may transmit voter registration information as required under sections 11-   , 286-A, 286-B, 286-111, and 286‑303.  All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the examiner.  The information shall be available only to authorized individuals under [such] restrictions as the director shall prescribe.  The examiner may dispose of any application or identification card, or information or record relating to the application or identification card, [which] that does not include a social security number, without regard to chapter 94, whenever, in the examiner's discretion, retention of the information or record is no longer required or practicable."

     SECTION 7.  The examiner of drivers in each county shall cooperate with the office of elections to develop the forms, applications, and affidavits necessary to effectuate the purposes of this Act.

     SECTION 8.  In codifying the new sections added by section 2 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 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on January 1, 2022.

 

 

Report Title:

Automatic Voter Registration; Driver's License; Provisional License; Instruction Permit; State Identification Card; Affirmative Opt-out

 

Description:

Makes an application for voter registration, including an affidavit, part of all driver's license, provisional license, instruction permit, and state identification card applications.  Automatically registers each applicant who elects to be registered to vote, unless the applicant affirmatively declines to be registered to vote.  Requires sharing of information among the counties, department of transportation, and election personnel.  Effective 1/1/2022.  (HD1)

 

 

 

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