Bill Text: HI SB597 | 2015 | Regular Session | Introduced
Bill Title: Emergencies and Disasters; Postponed Elections; Distribution of Voting Results
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2015-02-02 - Re-Referred to JDL, WAM. [SB597 Detail]
Download: Hawaii-2015-SB597-Introduced.html
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THE SENATE |
S.B. NO. |
597 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to ensure that the chief election officer or the county clerk, as applicable, exercises their existing powers to postpone an election in affected precincts when the right to vote is substantially impaired due to an emergency or natural disaster, and may do so for emergencies or natural disasters occurring prior to or during an election. This Act also prohibits the distribution of results from any precinct, whether or not designated for postponement, until after the final closing of the polls for an election postponed due to an emergency or disaster.
SECTION 2. Section 11-92.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [In the event of] If a
flood, tsunami, earthquake, volcanic eruption, high wind, act of terrorism,
or other emergency or natural disaster[, occurring] occurs
prior to or during an election, [that makes] making a
precinct inaccessible[,] or substantially impairing the ability of
voters, in any precinct, district, or county, to exercise their right to vote,
the chief election officer or county clerk in the case of county elections shall
make reasonable accommodations to ensure that voters who are eligible to vote
on the day of the election and intend to cast a ballot may do so. The chief
election officer or county clerk in the case of county elections may [consolidate]:
(1) 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];
(2) Require the registered voters of
the affected precinct to vote by absentee ballot pursuant to section 15-2.5 [and
may postpone];
(3) Postpone the [conducting] conduct
of an election in the affected precinct for a reasonable time as necessary to
mitigate the impairment of the ability of voters to exercise their right to
vote; provided that all voting shall be completed no more than twenty-one
days[; provided that any such] after the day of the election
scheduled prior to the emergency or natural disaster; or
(4) Take other measures that will allow voters who were eligible to cast ballots on the day of the election the ability to vote while preserving the integrity of the election process.
Any postponement of an election
pursuant to this section or by the governor during a state of emergency
pursuant to section 127A-13(a)(9) shall not affect the conduct of the
election[,] or tabulation[, or distribution] of results
for those precincts, districts, or counties not designated for postponement[.];
provided that the distribution of results from any precinct, whether or not
designated for postponement, shall not occur until after 6:00 p.m. on the day
of the final closing of the polls for the postponed election. 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 3. 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 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[.]; provided
further that if an event described in section 11-92.3(a) occurs and an election
is postponed, the disclosure of results shall only occur after the closing of
polls at the postponed election or, if conducted by absentee ballot, upon the
expiration of the time period established by the chief election officer to
submit absentee ballots for the 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 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:
Emergencies and Disasters; Postponed Elections; Distribution of Voting Results
Description:
Requires the chief election officer or county clerk to exercise existing powers to postpone an election in affected precincts when the right to vote is substantially impaired due to an emergency or natural disaster. Prohibits the distribution of results from any precinct, whether or not designated for postponement, until after the final closing of the polls for an election postponed due to an emergency or disaster.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
