Bill Text: HI SB3006 | 2014 | Regular Session | Introduced
Bill Title: Elections; Online Absentee Voting; Pilot Project ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-27 - Referred to JDL, WAM. [SB3006 Detail]
Download: Hawaii-2014-SB3006-Introduced.html
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THE SENATE |
S.B. NO. |
3006 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to voting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. (a) Notwithstanding any law to the contrary, there is established an online absentee voting pilot project for a county with a population of .
(b) Whenever used in this Act, unless the context otherwise requires:
"Absentee ballot" or "online absentee ballot" means a ballot that is made electronically available to voters pursuant to this Act that contains the names of candidates, elective offices to be filled, and questions or issues to be voted on.
"Chief election officer" has the same meaning as in section 11-1, Hawaii Revised Statutes.
"County" means a county with a population of .
(c) The voting procedures in this Act shall apply to any general, special, recall, primary, or runoff election for which absentee voting or voting by mail is available pursuant to chapter 15, Hawaii Revised Statutes.
(d) The county clerk shall establish a process through which a voter registered to vote in the county may apply for and receive online absentee ballots and other information under this Act. The application to register to vote pursuant to this Act may require the applicant to provide substantially similar information to the information required pursuant to section 15‑4(a), Hawaii Revised Statutes.
(e) The chief election officer shall develop a standardized online absentee-voting system, including an online absentee ballot delivery and return system, an online portal through which a voter may log in using a personal identification number, an online absentee ballot marking system, affirmation and declaration materials, and voting instructions, to be used with online absentee ballots; provided that the absentee ballot return system shall contain a statement substantially similar to the statement required in section 15-6, Hawaii Revised Statutes.
(f) A voter who is registered to vote in the county may apply for an online absentee ballot using the absentee ballot application process established pursuant to subsection (d) at any time but not later than 4:30 p.m. on the day prior to the election.
(g) The county clerk shall request an electronic mail address from each voter who applies for an online absentee ballot. An electronic mail address provided by a voter shall not be made available to the public or any individual or organization other than an authorized agent of the county clerk and is exempt from disclosure under chapter 92F, Hawaii Revised Statutes. The electronic mail address shall be used only for official communication with the voter about the voting process, including transmitting online absentee ballots and election materials, returning online absentee ballots, and verifying the voter's mailing address and physical location. The voter shall be responsible for informing the county clerk of any changes to personal information, including changes to the voter's electronic mail address.
(h) Online absentee ballots shall be made available electronically to each voter who successfully applies for an online absentee ballot no later than days prior to the election.
(i) A voter who has successfully applied for an online absentee ballot pursuant to this Act shall mark the ballot electronically with the voter's selections and return the absentee ballot to the county election office through the online absentee ballot return system. The absentee ballot shall be received electronically by the county clerk no later than the closing of the polls on election day.
(j) The voter shall include with the absentee ballot a declaration or affirmation by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury or related offenses under the laws of the United States or this State.
(k) Online absentee ballots shall be counted in a manner determined by the chief election officer.
(l) Any person having voted pursuant to this Act shall not be entitled to cast a ballot at the polls on election day or to vote by absentee ballot pursuant to chapter 15, Hawaii Revised Statutes.
(m) All online absentee ballots electronically received by the county clerk after the deadline for receipt as provided in subsection (i) shall not be counted by the county clerk.
(n) Whenever sufficient proof is shown to the county clerk that a voter who has returned an online absentee ballot pursuant to this Act has died prior to the opening of the polls on the date of the election, the voter's online absentee ballot shall be deemed invalid and disposed up pursuant to section 11-154, Hawaii Revised Statutes. The casting of any such online absentee ballot shall not invalidate the election.
(o) The chief election officer may adopt rules and procedures, exempt from the requirements of chapter 91, Hawaii Revised Statutes, necessary to carry out the purposes of this Act.
(p) The chief election officer may contract with a third party, in accordance with the requirements of chapter 103D, Hawaii Revised Statutes, to assist with carrying out the purposes of this Act.
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015 for the planning and implementation of an online absentee voting pilot project pursuant to this Act.
The sum appropriated shall be expended by the office of elections for the purposes of this Act.
SECTION 3. This Act shall take effect on July 1, 2014; provided that section 1 shall apply to all primary, special, nonpartisan, and general elections, beginning with the primary election of 2016; provided further that this Act shall be repealed on December 30, 2020.
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INTRODUCED BY: |
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Report Title:
Elections; Online Absentee Voting; Pilot Project
Description:
Establishes an online absentee voting pilot project beginning with the primary election of 2016. Makes an appropriation. Repeals on December 30, 2020.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
