Bill Text: HI SB1413 | 2012 | Regular Session | Introduced
Bill Title: Primary Elections; Participation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1413 Detail]
Download: Hawaii-2012-SB1413-Introduced.html
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THE SENATE |
S.B. NO. |
1413 |
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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 primary elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In California Democratic Party v. Jones, 530 U.S. 567 (2000), the United States Supreme Court ruled that a political party has a right, guaranteed by the First Amendment of the United States Constitution, to limit participation in its primary elections to persons who are members of that political party. At present, the State of Hawaii lacks statutory provisions that would enable a political party to exercise this First Amendment right.
The purpose of this Act is to enable political parties to limit participation in party primary elections to members of the political party.
SECTION 2. Chapter 12, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:
"§12-A Political parties; participation in primary election limited; notice. (a) A political party that has qualified under sections 11-62 and 11-64 may limit participation in the party's primary elections to members of the party, subject to the requirements of this section. The decision shall be made by the governing body of the political party pursuant to the governing documents. The political party shall be the sole judge of whether the decision conforms to the requirements of the governing documents.
(b) The chairperson of a qualified political party that limits participation in the party's primary elections to members of the party shall provide written notice to the office of elections as to state and congressional primary elections and the county clerk in the case of partisan county primary elections. The written notice shall be received by the office of elections or county clerk not less than ninety days before the scheduled date of the primary election. Upon receipt of the notice by the office of elections or county clerk, a political party may not withdraw the decision to limit participation for that primary election.
(c) A decision to limit participation in a political party's primary elections shall apply to the elective offices that are subject to the primary election in the election period for which written notice is provided by the party's chairperson and shall be deemed to continue to the next primary election period.
(d) A political party may withdraw the decision to limit participation in a future election period; provided that the withdrawal be in writing and signed by the chair of the party and received by the office of elections or the clerk no less than ninety days prior to the next applicable primary election date.
§12-B Political party membership list; office of elections. (a) No less than sixty days before the affected primary election, a qualified political party that has limited participation in a primary election pursuant to section 12-A shall submit to the office of elections or county clerk a list of registered voters who are members in good standing of that political party. The list shall state the name, address, and legislative district and precinct in which the voter resides. The membership list shall provide a space on the line for each member that shall be marked by a precinct official to indicate that the member has voted. The membership list shall be as accurate as is reasonable.
(b) The party may submit to the office of elections or county clerk as appropriate an exclusion list of persons who have been expelled from the party or disqualified by the party from participation in party activities.
(c) The party shall submit to the office of elections or county clerk an updated list of enrolled members for each succeeding primary election not less than sixty days before the primary election.
§12-C Voter participation in party primary; enrollment at time of primary election. (a) A political party that limits participation in a primary election shall provide the office of elections or county clerk with standard-form party enrollment cards in sufficient quantity to allow any registered voter to enroll as a party member on primary election day or simultaneously with early voting.
(b) A registered voter whose name is included on the membership list submitted by a political party to the office of elections or county clerk shall be entitled to receive and cast a ballot for that party's primary election. A precinct officer shall mark the membership list in the appropriate space to indicate that the member has taken a ballot of that political party for the primary election. The voter may decline to take the party ballot and may vote in the party primary election of any other party, if the voter is qualified, or the voter may vote in an independent primary election.
(c) Except for persons who are listed on the exclusion list of a party, a registered voter whose name is not included on the membership list submitted by a political party to the office of elections or county clerk shall be entitled to receive and cast a ballot for the party's primary election if the voter completes and signs the standard form party enrollment card. No political party may impose a fee or require a monetary donation for enrollment.
(d) No voter whose name is not listed on the party membership list of a party that has exercised the option provided for in this part, and no voter who refuses to complete a party membership enrollment card, may take or cast a ballot in the primary election of the political party.
(e) Any watcher duly appointed by a political party pursuant to section 11-77 shall have the authority and timely opportunity to review party enrollment cards that voters fill out pursuant to subsection (c) to ensure that the enrollment cards are properly completed prior to the voter being given a ballot for that party's primary election. If any disagreement between a watcher and a voter relating to the completion of a party enrollment card cannot be immediately resolved, the voter shall be entitled to cast a provisional ballot in the party's primary election, and the provisional ballot shall be treated in the same manner as is provided by law generally for provisional ballots.
§12-D Privacy interests; political parties and voters; membership lists and related documents. A political party that submits a membership list to the office of elections or county clerk for use in primary elections and the respective party members have and retain a significant privacy interest in the information contained in the membership list within the meaning of section 92F-14. The membership list and political party enrollment cards completed by voters pursuant to this part shall remain the property of the respective political parties. The office of elections, county clerks, and the department of the attorney general may copy the membership lists or portions thereof solely for the limited purposes set out in this part. Completed enrollment cards may not be copied, except with respect to the resolution of disputes relating to provisional ballots.
§12-E Return of party membership documents to party. Not less than ten days after a primary election designated as limited to political party members, the office of elections or county clerk shall return to the party all membership lists and copies thereof, including all party enrollment cards completed by voters pursuant to section 12-C, and unused enrollment cards."
SECTION 3. Section 12-31, Hawaii Revised Statutes, is amended to read as follows:
"§12-31 Selection of party ballot;
voting. [No] Except as otherwise provided in this chapter, no
person eligible to vote in any primary or special primary election shall be
required to state a party preference or nonpartisanship as a condition of
voting[. Each], and each voter shall be issued the primary or
special primary ballot for each party and the nonpartisan primary or special
primary ballot. A voter shall be entitled to vote only for candidates of one
party or only for nonpartisan candidates. If the primary or special primary
ballot is marked contrary to this paragraph, the ballot shall not be counted.
In any primary or special primary election in the year 1979 and thereafter, a voter shall be entitled, subject to the provisions of this chapter, to select and to vote the ballot of any one party or nonpartisan, regardless of which ballot the voter voted in any preceding primary or special primary election."
SECTION 4. The office of elections shall take all actions necessary to ensure that the provisions of this Act shall be implemented for the 2012 primary election period.
SECTION 5. 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Primary Elections; Participation
Description:
Authorizes a political party to limit participation in the party's primary election to members of the political party.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
