Bill Text: HI SB579 | 2013 | Regular Session | Introduced

Hawaii Senate Bill 579 (Prior Session Legislation)

Introduced

Bill Title: Elections; Voting by Mail; Appropriation ($)

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to JDL, WAM. [SB579 Detail]

Download: Hawaii-2013-SB579-Introduced.html

THE SENATE	S.B. NO.	579
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to elections by mail.

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

SECTION 1. The purpose of this Act is to: enable the office of elections to establish voting by mail for federal, state, and county primary, general, and special elections; and require that all elections be conducted by mail from the date of the 2014 primary election.

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

"Part . election by Mail

§11- Elections eligible to be conducted by mail. (a) All federal, state, and county primary, special primary, general, special general, and special elections shall be conducted by mail in accordance with this part as follows:

(1) All special primary, special general, and special elections shall be conducted by mail for elections occurring after 2014; and

(2) The 2014 primary and general elections and all primary and general elections thereafter shall be conducted by mail.

(b) Notwithstanding subsection (a), the chief elections officer shall provide a suitable polling place for one or more precincts within each representative district as the chief elections officer deems necessary for voters who are unable to participate in elections by mail.

§11- Procedures for conducting elections by mail. (a) Ballot packages shall:

(1) Include the ballot, a prepaid postage return identification envelope, a secrecy envelope, and instructions; and

(2) Be mailed to each voter at the voter's address not sooner than days and no later than days before the date of the election.

(b) Notwithstanding the dates of mailing in subsection (a), for ballot packages to be mailed:

(1) To voters who live in places that do not receive daily mail service from the United States Postal Service, the mailings shall be made in a manner that enables the voter to vote by mail or in person on or before the date of the election; and

(2) To voters who request an absentee ballot, the mailing shall be made in accordance with chapter 15 and the rules adopted thereunder; and

(3) To new voters who register after the last date of the mailing provided in subsection (a), the mailing shall be made in a manner that enables the voter to vote on or before the date of the election.

(c) Notwithstanding subsections (a) and (b), ballot packages may be delivered or made available to voters who are unable to receive ballot packages by mail and who request a ballot package be delivered or made available for pick-up by the voter. The delivery and availability shall be made in a manner and using a method as will ensure confidentiality as provided in section 11-14.5. The receipt of the ballot package shall be made to the voter in a manner that enables the voter to vote on or before the date of the election.

§11- Public notice of mailing. Public notice of the date or dates that ballot packages are mailed, delivered, and made available shall be given by the chief election officer and all county election offices in the manner prescribed in section 1-28.5 when all ballot packages have been mailed, delivered, and made available to voters.

§11- Undeliverable ballot packages. Ballot packages that are mailed or delivered shall not be forwardable or deliverable beyond the address of the voter as shown in the register established and maintained by the clerk of the respective county pursuant to part II. A ballot package that is determined to be undeliverable by mail or other means to the voter at the address shown in the register because of the death of the voter, refusal of any person living at that address, or the voter moved and is no longer residing at that address shall be returned to the clerk who initiated the mailing, and as to a voter that has moved, the clerk shall mail, deliver, or make available the ballot package to the voter after the clerk has determined or has been provided the new address of the voter.

§11- Ballot instructions; ballot return. (a) Upon receipt of the ballot package, the voter shall comply with the instructions included in the ballot package. The instructions shall include directions on marking the ballot, inserting the marked ballot in the secrecy envelope, inserting the secrecy envelope with the ballot in the return identification envelope, and signing of the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope with the marked ballot.

(b) The instructions shall include information on election fraud and voter fraud, as provided in sections 19-3(5) and 19‑3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.

(c) Voters shall return the identification envelope containing the secrecy envelope with the marked ballot by mail or by delivery to a place of deposit so that the return identification envelope is received at the office of the clerk or the place of deposit not later than the time provided in section 11-131 on the date of the election.

§11- Replacement ballots. (a) A voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the clerk. Replacement ballots shall be provided to a voter who completes and signs a replacement ballot request form. The form of the replacement ballot request shall include information that allows the clerk to verify the registration of the voter and ensure that another ballot has not been returned by the voter.

(b) Upon receipt of the replacement ballot request form, the clerk shall:

(1) Verify the registration of the voter and that another ballot has not been returned by the voter;

(2) Note on the registry of voters that the voter has requested a replacement ballot;

(3) Mark the return identification envelope as a replacement ballot, and

(4) Issue the ballot package containing the replacement ballot by mail, by delivery, or by making the ballot package available for pick up by the voter requesting the replacement ballot.

(c) Voters requesting a replacement ballot shall return the identification envelope containing the secrecy envelope with the marked replacement ballot by mail or by delivery to a place of deposit so that the return identification envelope is received at the office of the clerk or a place of deposit not later than the time provided in section 11-131 on the date of the election.

§11- Counting of mail-in ballots. A mail-in ballot shall be counted only if:

(1) It is returned in the return identification envelope;

(2) The return identification envelope is signed by the voter to whom the ballot is mailed or delivered;

(3) The signature on the return identification envelope is verified by the clerk with the signature of the voter shown on the registry of voters; and

(4) The return identification envelope is received at the office of the clerk or at the place of deposit not later than the time stated in section 11-131 on the date of the election.

Not sooner than the day before the date of the election, the secrecy envelope shall be opened in the preparation of the counting of the ballots on the date of the election; provided that counting of the mail-in ballots shall not commence sooner than o'clock on the date of the election."

SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Place of deposit" means any state public library or any other site designated by the chief elections officer for receiving return identification envelopes in an election conducted by mail pursuant to part ."

2. By amending the definitions of "ballot" and "voting system" to read:

""Ballot", a ballot including an absentee ballot is a written or printed, or partly written and partly printed paper or papers containing the names of persons to be voted for, the office to be filled, and the questions or issues to be voted on. "Ballot" includes a ballot used in an election conducted by mail. A ballot may consist of one or more cards or pieces of paper, or one face of a card or piece of paper, or a portion of the face of a card or piece of paper, depending on the number of offices, candidates to be elected thereto, questions or issues to be voted on, and the voting system in use. It shall also include the face of the mechanical voting machine when arranged with cardboard or other material within the ballot frames, containing the names of the candidates and questions to be voted on.

"Voting system", the use of paper ballots, electronic ballot cards, voting machines, voting by mail, or any system by which votes are cast and counted."

SECTION 4. Section 11-4, Hawaii Revised Statutes, is amended to read as follows:

"§11‑4 Rules [~~and regulations~~]. The chief election officer may make, amend, and repeal [~~such~~] rules [~~and regulations~~] governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar matters relating thereto as in the chief election officer's judgment shall be necessary to carry out this title.

In making, amending, and repealing rules [~~and regulations~~] for voters who cannot vote at the polls in person or receive or return ballots by mail, and all other voters, the chief election officer shall provide for voting by [~~such~~] these persons in [~~such~~] a manner as to [~~insure~~] ensure secrecy of the ballot and to preclude tampering with the ballots of these voters and other election frauds. [~~Such~~] The rules [~~and regulations~~], when adopted in conformity with chapter 91 and upon approval by the governor, shall have the force and effect of law."

SECTION 5. Section 11-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The clerk, not later than 4:30 p.m. on the sixtieth day after every general election, shall remove the name of any registered voter who did not vote in that general election, and also did not vote in the primary election preceding that general election, and also did not vote in the previous general election, and also did not vote in the primary election preceding that general election, and also did not vote in the regularly scheduled special elections held in conjunction with those primary and general elections, if any, with the exception of:

(1) Those who submitted written requests for absentee ballots as provided in section 15-4; or

(2) Anyone who preregistered pursuant to section 11-12(b).

If a person voted, at least once, in any of the above-mentioned elections, the person's name shall remain on the list of registered voters. For this purpose "vote" means the depositing of the ballot in the ballot box whether the ballot is blank or later rejected for any reason. In the case of voting machines, "vote" means the voter has activated the proper mechanism and fed the vote into the machine. In the case of an election by mail conducted pursuant to part , "vote" means the voter has returned the ballot to the county clerk by mail or by delivering the ballot to a place of deposit."

SECTION 6. Section 11-92.1, Hawaii Revised Statutes, is amended as follows:

1. By amending the title to read:

"§11-92.1 Election proclamation; [~~establishment of a new precinct.~~] precincts."

2. By amending subsection (a) to read:

"(a) The chief election officer shall issue a proclamation [~~whenever a new precinct is established in any representative district.~~] listing all polling places and places of deposit. The chief election officer shall provide [~~a suitable polling place for each precinct.~~] one or more precincts within a representative district as the chief elections officer deems necessary for voters who are unable to participate in elections by conducted by mail pursuant to part . Schools, recreational halls, park facilities, and other publicly owned or controlled buildings, whenever possible and convenient, shall be used as polling places. The chief election officer shall make arrangements for the rental or erection of suitable shelter for this purpose whenever public buildings are not available and shall cause these polling places to be equipped with the necessary facilities for lighting, ventilation, and equipment needed for elections on any island. This proclamation may be issued jointly with the proclamation required in section 11-91."

SECTION 7. Section 11-92.3, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"§11-92.3 Consolidated precincts; natural disasters; postponement; [~~absentee voting required;~~] special elections. (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, the chief election officer or county clerk in the case of county elections may [~~require the registered voters of the affected precinct to vote by absentee ballot pursuant to section 15-2.5 and may~~] postpone the conducting of an election in the affected precinct for no more than twenty-one 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. The chief election officer or county clerk in the case of county elections shall give notice of the consolidation[,] or 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 8. Section 19-6, Hawaii Revised Statutes, is amended to read as follows:

"§19-6 Misdemeanors. The following persons shall be guilty of a misdemeanor:

(1) Any person who offers any bribe or makes any promise of gain, or with knowledge of the same permits any person to offer any bribe or make any promise of gain for the person's benefit to any voter to induce the voter to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after the signing;

(2) Any person who wilfully tears down or destroys or defaces any election proclamation or any poster or notice or list of voters or visual aids or facsimile ballot, issued or posted by authority of law;

(3) Any person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness, or color to the official ballot so that it could be cast or counted as an official ballot in an election;

(4) Every person who is disorderly or creates a disturbance whereby any meeting of the precinct officials or the board of registration of voters during an election is disturbed or interfered with; or whereby any person who intends to be lawfully present at any meeting or election is prevented from attending; or who causes any disturbance at any election; and every person assisting or aiding or abetting any disturbance;

(5) Every person who, either in person or through another, in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the board of registration of voters, or in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election;

(6) Any person, other than those designated by section 11-132, who remains or loiters within the area set aside for voting as set forth in section 11-132 during the time appointed for voting;

(7) Any person, including candidates carrying on any campaign activities within the area described in section 11-132 during the period of time starting one hour before the polling place opens and ending when the polling place closes for the purpose of influencing votes. Campaign activities shall include the following:

(A) Any distribution, circulation, carrying, holding, posting, or staking of campaign cards, pamphlets, posters and other literature;

(B) The use of public address systems and other public communication media;

(D) The use of entertainment troupes or the free distribution of goods and services;

(8) Any person who opens a return envelope containing [~~an absentee~~]:

(A) An absentee ballot voted under chapter 15, other than those persons authorized to do so under chapter 15; or

(B) A ballot voted under part other than those authorized to do so under that part;

(9) Any unauthorized person found in possession of any voting machine or keys thereof;

(10) Every person who wilfully violates or fails to obey any of the provisions of law, punishment for which is not otherwise in this chapter specially provided for."

SECTION 9. Section 11-91.5, Hawaii Revised Statutes, is repealed.

["~~[§11-91.5] Federal, state, and county elections by mail.~~ ~~(a) Any federal, state, or county election held other than on the date of a regularly scheduled primary or general election may be conducted by mail.~~

~~(b) The chief election officer shall determine whether a federal or state election, other than a regularly scheduled primary or general election, may be conducted by mail or at polling places.~~

(c) The county clerk shall determine whether a county election, held other than on the date of a regularly scheduled primary or general election, may be conducted by mail or at polling places. An election by mail in the county shall be under the supervision of the county clerk.

~~(d) The chief election officer shall adopt rules pursuant to chapter 91 to provide for uniformity in the conduct of federal, state, and county elections by mail.~~"]

SECTION 10. 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 2013-2014 and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2014-2015 for the purpose of implementing and administering the election by mail voting system.

The sums appropriated shall be expended by the office of elections for the purposes of this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2013; provided that sections 3 through 9 shall take effect on July 1, 2014.

INTRODUCED BY:	_____________________________

Report Title:

Elections; Voting by Mail; Appropriation

Description:

Establishes an election by mail voting system for state, federal, and county primary, special primary, general, and special elections. Requires that all elections be conducted by mail from the date of the 2014 primary election. Makes an appropriation.

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