Hawaii-2012-SB665-Introduced

THE SENATE	S.B. NO.	665
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to voting.

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

SECTION 1. The legislature finds that the citizens of Hawaii do not have an absolute constitutional right to vote. The state constitution allows a citizen to vote if that citizen is a voter registered as provided by law. In the United States, voting is a privilege granted to citizens through the enactment of laws.

The legislature further finds that citizens have an inherent right to vote as part of their responsibility as citizens of Hawaii and this right should not be hindered without just cause. The right to vote is necessary to enable citizens to govern through a representative form of government. Therefore, the legislature finds that barriers to voting should be removed and citizens should be encouraged to exercise this right.

One of the barriers to voting is the thirty-day voter registration requirement. Voter-friendly initiatives, such as election day voter registration, should be implemented. Election day voter registration permits eligible voters to register and vote on primary and general election days.

Election day voter registration has been adopted in at least nine states, including Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, North Carolina, Wisconsin, and Wyoming. Analysis of election day voter registration program data indicates that:

(1) For over twenty-five years, states with election day registration have had higher voter turnout than those without election day registration. Data from the November 2008 election day shows an average voter turnout seven per cent higher than the average turnout for states without election day registration. The top five turnout states all had election day registration; and

(2) Allowing young people to register to vote on election day could increase youth turnout in presidential elections by as much as fourteen per cent.

According to a 2001 survey, nearly two-thirds of non-voters said that allowing people to register and vote on election day would make them more likely to vote.

The purpose of this Act is to allow voters to register on the day of an election.

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

"§11- Election day voter registration. (a) Notwithstanding any law to the contrary, an individual who is eligible to vote may register on the day of an election by:

(1) Appearing in person at the polling place for the precinct in which the voter maintains residency;

(2) Completing a voter registration application;

(3) Making an oath on a form prescribed by the chief election officer; and

(4) Providing proof of residency;

provided that in the case of an election conducted by mail, an individual who is eligible to vote may register at the walk-in locations in the same manner as prescribed in paragraphs (1) through (4).

(b) An individual may prove residency for purposes of this section by presenting:

(1) A valid Hawaii driver's license or Hawaii state identification card; or

(2) Any documentation approved by the chief election officer.

(c) No precinct official shall receive the vote of any individual who is not registered pursuant to subsection (a) or section 11-15.

(d) The chief election officer or the chief election officer's designee shall maintain a record of the number of individuals who registered to vote on election day and voted, as well as the number of individuals who attempted to register on election day, but were unable to provide proof of residency pursuant to subsection (b). The record shall be included with the election returns for each precinct.

(e) The chief election officer shall establish rules pursuant to chapter 91, as necessary to carry out this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________