Bill Text: HI SB2335 | 2010 | Regular Session | Amended
Bill Title: Elections; Uniformed Services and Overseas Absentee Voters
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-03-12 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and Berg, Keith-Agaran, Manahan, Takumi, Thielen excused (5). [SB2335 Detail]
Download: Hawaii-2010-SB2335-Amended.html
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THE SENATE |
S.B. NO. |
2335 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO MILITARY AND OVERSEAS CIVILIAN ABSENTEE VOTERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 15, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . MILITARY AND OVERSEAS CIVILIAN ABSENTEE VOTERS
§15-A Definitions. For the purpose of this part:
"Absent uniformed services voter" means:
(1) A member of a uniformed service on active duty who, by reason of active duty, is absent from the place of residence where the member is otherwise qualified to vote;
(2) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; or
(3) A spouse or dependent of a member referred to in paragraph (1) or (2) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.
"Balloting materials" means, as applicable, the official post card forms prescribed under Title 42 United States Code Section 1973ff, federal write-in absentee ballots, prescribed under Title 42 United States Code Section 1973ff–2, and any other materials prescribed by the chief elections officer by rule, which may include but not be limited to those described in section 15-6.
"Covered election" means any presidential, United States senatorial, or congressional election.
"Member of the merchant marine" means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways) who is:
(A) Employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or
(B) Enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel.
"Overseas civilian voter" means a United States citizen who is outside the United States and who:
(1) Is qualified to vote in this state;
(2) Would be eligible to vote in this state, if this state was the most recent place in which the citizen was eligible to vote, or, if the citizen had been of voting age, would have been eligible to vote, before leaving the United States; or
(3) In the case of a citizen who was born outside the United States and who is not included in paragraph (1) or (2), would be eligible to vote in this state if a resident of this state and if this state was the most recent place in the United States in which one of the citizen's parents was eligible to vote.
"Uniformed services" means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the United States Public Health Service Commissioned Corps, and the National Oceanic and Atmospheric Administration Commissioned Corps.
"United States," where used in the territorial sense, means the fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.
§15-B Transmission of unvoted ballot. (a) For all covered elections, the official charged with preparing and distributing ballots and election materials in each jurisdiction shall prepare a sufficient number of absentee ballots as soon as possible after receiving information concerning candidates to be voted on at the election and shall immediately transmit absentee ballots and related balloting materials to all absent uniformed services voters and overseas civilian voters who have applied for an absentee ballot.
(b) No later than forty-five days before a covered election, each clerk, with the assistance of the chief election officer, as appropriate, shall make available by electronic means, which may include facsimile transmission or electronic mail, an unvoted absentee ballot and related balloting materials to any absent uniformed services voter or overseas voter who, by that date, has submitted a valid absentee ballot application requesting electronic transmission of absentee balloting materials.
(c) An absent uniformed services voter or overseas civilian voter may request to receive an absentee ballot and related balloting materials by electronic mail, or Internet delivery, where available. Each clerk, with the assistance of the chief election officer, shall transmit the absentee ballot and related balloting materials to the voter using the electronic transmission method requested by the voter.
(d) When an absentee ballot application of an absent uniformed services voter or overseas voter arrives after the jurisdiction has begun transmitting absentee balloting materials to voters, the official charged with distributing ballots and related balloting materials shall transmit the absentee balloting materials to the voter as promptly as possible.
§15-C Acceptance of federal write-in absentee ballot. (a) In a covered election, an absent uniformed services voter or an overseas voter may use the federal write-in absentee ballot approved under the Uniformed and Overseas Citizens Absentee Voting Act, Title 42 United States Code Sections 1973ff through 1973ff-6, if the voter affirms that:
(1) The voter submitted a federal post card application or other application requesting a federal absentee ballot in time to be received by the later of:
(A) Thirty days prior to the election, or
(B) The last date for other voters in the state to apply for an absentee ballot for the election;
and
(2) The voter has not received the requested absentee ballot.
(b) In a covered election, an absent uniformed services voter or an overseas civilian voter may use the federal write-in absentee ballot transmission envelope's voter declaration as a request for registration and an application for a state absentee ballot simultaneously with the submission of the federal write-in absentee ballot. The request for registration and application for an absentee ballot shall be accepted if:
(1) It is received by the later of the thirty days prior to the election, or the last day for registering to vote; and
(2) The voter is otherwise eligible to vote in the jurisdiction to which the request is submitted."
SECTION 2. Chapter 15, Hawaii Revised Statutes, is amended by designating sections 15-1 to 15-14 as part I and adding a title before section 15-1 to read:
"GENERAL PROVISIONS"
SECTION 3. Section 15-3.5, Hawaii Revised Statutes, is repealed.
["[§15-3.5] Federal write-in
absentee ballot. Notwithstanding the provisions of this chapter and
chapters 11 and 16, the federal write-in absentee ballot for overseas voters in
general elections for federal office which must be prescribed under section
1973ff of title 42, United States Code, as amended, may be used in general
elections for federal offices."]
SECTION 4. In codifying the new sections added by section 1 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 5. Statutory material to be repealed is bracketed and stricken.
SECTION 6. This Act shall take effect on July 1, 2112.
Report Title:
Elections; Uniformed Services and Overseas Absentee Voters
Description:
Implements voting provisions for uniformed services and overseas absentee voters, as required by the Military and Overseas Voter Empowerment Act, 42 U.S.C. Sections 1973ff through 1973ff-6. Effective July 1, 2112. (SB2335 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
