Bill Text: HI SB243 | 2015 | Regular Session | Amended

Hawaii Senate Bill 243 (Prior Session Legislation)

Bill Title: Elections; Natural Disasters; Postponement; Absentee Ballots

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2015-03-25 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Ing, Luke excused (2). [SB243 Detail]

Download: Hawaii-2015-SB243-Amended.html

THE SENATE	S.B. NO.	243
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO ELECTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that existing law authorizes the chief election officer or county clerk in the case of county elections to consolidate precincts in the event of a natural disaster and, if the natural disaster causes damage that substantially impairs voters' ability to vote, to require registered voters to vote by absentee ballot or postpone the conducting of an election in the affected area for no more than twenty-one days. This authorization was recently exercised in the county of Hawaii during the 2014 primary election.

On August 8, 2014, Tropical Storm Iselle made landfall on the island of Hawaii impairing access and the ability of voters to vote in the primary election scheduled for the next day at certain precinct polling places in Puna. As a result, the chief election officer issued a proclamation to postpone the primary election in those affected areas and authorized the use of absentee ballots. On August 11, 2014, subsequent to the primary election, the chief election officer issued a proclamation that established that voting for the affected area would be conducted at designated polling places on August 15, 2014, rather than by absentee ballots. The decision to postpone the primary election in the polling places affected by Tropical Storm Iselle resulted in litigation and raised concerns regarding the chief election officer's authority under law to postpone elections.

The purpose of this Act is to clarify the law regarding elections in the event of a natural disaster by:

(1) Clarifying that the chief election officer or county clerk in the case of county elections prior to the commencement of the election has the authority to determine whether to postpone an election affected by the natural disaster or require voters of an affected precinct to vote by absentee ballot; and

(2) Authorizing the governor upon commencement of the election and thereafter to determine whether to postpone an election affected by the natural disaster or require voters of an affected precinct to vote by absentee ballot unless the governor is a candidate for office in that election.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

"§11- Postponed elections; disclosure of voting results. Whenever the conduct of an election within any precinct has been postponed:

(1) By the chief election officer, or county clerk in county elections, because of a natural disaster pursuant to section 11-92.3; or

(2) By the governor during a state of emergency pursuant to section 127A-13(a)(9),

the printout by the counting center computer or other disclosure of the number of votes cast for each candidate or question appearing on the ballot for the postponed election, from any precinct whether or not designated for postponement, including votes cast by absentee ballot, shall not be disclosed to the public until voting for the postponed election has concluded. For candidates or questions not appearing on the ballot for the postponed election, the chief election officer, or county clerk in county elections, may postpone the printout or other disclosure of the number of votes cast until voting for the postponed election has concluded."

SECTION 3. Section 11-92.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In the event of a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring prior to an election, that makes a precinct inaccessible, the chief election officer or county clerk in the case of county elections may consolidate precincts within a representative district. If the extent of damage caused by any natural disaster is such that the ability of voters, in any precinct, district, or county, to exercise their right to vote is substantially impaired, prior to the commencement of the election, the chief election officer or county clerk in the case of county elections or, upon commencement of the election and thereafter, the governor, unless the governor is a candidate for office in the election affected by a natural disaster and then the chief election officer or county clerk in the case of county elections, in addition to duties prescribed under section 127A‑13(a)(9), may require the registered voters of the affected precinct to vote by absentee ballot within seven days of the election pursuant to section 15-2.5 [~~and~~] or may postpone the conducting of an election in the affected precinct for no more than [~~twenty-one~~] seven days; provided that any such postponement shall not affect the conduct of the election, tabulation, or distribution of results for those precincts, districts, or counties not designated for postponement[.],

except as otherwise provided in section 11- . The chief election officer or county clerk in the case of county elections shall give notice of the consolidation, postponement, or requirement to vote by absentee ballot, in the affected county or precinct prior to the opening of the precinct polling place by whatever possible news or broadcast media are available. Precinct officials and workers affected by any consolidation shall not forfeit their pay."

SECTION 4. Section 11-152, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In those precincts using the electronic voting system, the ballots shall be taken in the sealed ballot boxes to the counting center according to the procedure and schedule promulgated by the chief election officer to promote the security of the ballots. In the presence of official observers, counting center employees may start to count the ballots prior to the closing of the polls; provided that there shall be no printout by the computer or other disclosure of the number of votes cast for a candidate or on a question prior to the closing of the polls[.], subject to the provisions of section 11- for the printout or other disclosure of votes in the event of a postponed election. For the purposes of this section, the closing of the polls is that time identified in section 11-131 as the closing hour of voting."

SECTION 5. Section 15-2.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§15-2.5[]] Absentee voting in precinct affected by natural disasters. (a) If the chief election officer [~~and~~], clerk of a county [~~affected as a result of a natural disaster determine~~], or governor, as applicable pursuant to section 11-92.3, determines that the opening of a designated polling place will adversely affect the health and safety of voters or precinct officials, the chief election officer [~~and~~], county clerk, or governor, as applicable, by written order, may require the registered voters of any precinct to vote by absentee ballot; provided that such voting concludes within seven days of the election; provided further that if there are not enough absentee ballots for all voters of the precinct, the chief election officer or the clerk shall use other official ballots to make up the difference.

(b) [~~Within thirty days~~] As soon as possible after the issuance of such an order, the chief election officer and county clerk shall notify all registered voters in the affected precinct of the issuance of the order.

(c) [~~Within ten days~~] As soon as possible after the printed official absentee ballots are available for the designated precinct affected by this section, the clerk shall deliver, or cause to be delivered, by hand or mail, an absentee ballot, a return envelope, and any other appropriate material to each registered voter in the affected precinct.

(d) The chief election officer shall adopt rules pursuant to chapter 91 to implement this section."

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.

Report Title:

Elections; Natural Disasters; Postponement; Absentee Ballots

Description:

Clarifies that in the event of a natural disaster, the chief election officer or county clerk in the case of county elections prior to the commencement of the election has the authority to determine whether to postpone or vote by absentee ballot in an election affected by the natural disaster. Authorizes the governor upon commencement of the election and thereafter to determine whether to postpone or vote by absentee ballot in an election affected by the natural disaster unless the governor is a candidate for office in that election. Prohibits the public disclosure of voting results for any ballot contest or question from precincts affected by an election postponement. Chief election officer may withhold election results for precincts that were not affected by the natural disaster. (SB243 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.