Bill Text: HI SB2320 | 2010 | Regular Session | Introduced
Bill Title: Absentee Voting
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-22 - (S) Referred to JGO. [SB2320 Detail]
Download: Hawaii-2010-SB2320-Introduced.html
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THE SENATE |
S.B. NO. |
2320 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ABSENTEE VOTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the mailing dates for absentee ballots are determined by a timetable that allows voters in overseas locations to receive and mail back their ballots in time for elections. While the federal government suggests that absentee ballots be mailed to overseas voters at least forty-five days before an election, this is not possible because the time between the primary and general elections is already forty-five days, and ballots have to be printed before mailing. Thus, absentee ballots have been mailed as early as thirty days prior to the election.
County elections officials who handle the mailing of absentee ballots have reported that current laws do not allow separate mailing dates for overseas versus Hawaii ballot mailing addresses. When an absentee ballot mailing is conducted on a particular day, all absentee ballot requests received by that date are mailed regardless of the mailing address. This situation results in many voters physically located at home in Hawaii having to set aside their ballots until closer to the election when they receive more information on the candidates. However, misplaced ballots or forgetful voters have sometimes not fulfilled their intent to cast a ballot for the election.
The purpose of this Act is to enable election officials to mail absentee ballots for voters receiving ballots at a Hawaii mailing address at a later date than voters located overseas, specifically no earlier than fourteen days prior to the election.
SECTION 2. Section 15-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person registered to vote may request an absentee ballot in person or in writing from the clerk not earlier than on the sixtieth day and not later than 4:30 p.m. on the seventh day prior to the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.
The request for an absentee ballot shall
include information such as the person's social security number, date of birth,
and the address under which the person is registered to vote. The request for
an absentee ballot shall also include the address to which the person
wishes the requested ballot forwarded. The request[,] for an
absentee ballot, when made for any primary or special primary election, may
include an additional request for an absentee ballot to be voted at any
election immediately following the primary or special primary; provided the
person so indicates in the person's request[.] for an absentee ballot.
The request for an absentee ballot shall also inquire whether the voter is to
be physically located overseas or physically present in the State at the time
of the election.
Subsequent to the closing of registration for each election, the clerk may mail a request form for an absentee ballot to each voter in a remote area who has not already made such a request. The request form for an absentee ballot shall be accompanied by:
(1) A stamped, self-addressed envelope; and
(2) Instructions regarding the manner of completing
and returning the request form[.] for an absentee ballot."
SECTION 3. Section 15-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Immediately upon receipt of a
request for an absentee ballot 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 for an absentee ballot received upon the last day
specified in section 15-4 for receipt shall be mailed to the voter requesting
the [same] absentee ballot as soon as reasonably practicable, but
in no event later than twenty-four hours after receipt [thereof.] of
the request for an absentee ballot.
If the voter is physically located overseas, as indicated by the request for absentee ballot under section 15-4, the official ballot shall be mailed to the voter no earlier than thirty days prior to the election day. If the voter is physically present in the State, as indicated by the request for absentee ballot under section 15-4, the official ballot shall be mailed to the voter no earlier than fourteen days prior to the election day."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Absentee Voting
Description:
Requires request for absentee ballot to inquire whether voter is physically overseas or in-state. Requires absentee ballots to be mailed no earlier than 30 days prior to the election day, if the voter is overseas, and 14 days if the voter is in the State.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
