Bill Text: HI SB2210 | 2022 | Regular Session | Amended

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Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-03-18 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Branco, Ilagan, McKelvey, Ohno excused (4). [SB2210 Detail]

Download: Hawaii-2022-SB2210-Amended.html

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THE SENATE	S.B. NO.	2210
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
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 purpose of this Act is to expand the information provided to registered voters in Hawaii to assist them in making an informed decision when casting their ballots by:

     (1)  Requiring the chief election officer to publish and distribute a voters' pamphlet for each election to every registered voter; and

     (2)  Appropriating funds to allow the chief election officer to publish and distribute a voters' pamphlet for each election; provided that the counties provide matching funds on a dollar-for-dollar basis.

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

"Part    .  VOTERS' PAMPHLET

     §11-A  Definitions.  As used in this part:

     "Ballot issue" means questions concerning a proposed constitutional amendment, county charter amendment, or initiative or referendum issue listed on a ballot at the next applicable election.

     §11-B  Voters' pamphlet; content; format.  (a)  The chief election officer, with assistance from the clerk for elections that involve county offices and countywide ballot issues, shall prepare and publish a voters' pamphlet for each election.

     (b)  The voters' pamphlet shall contain:

     (1)  The name, and photograph if available, of each candidate whose name is listed on the ballot;

     (2)  A campaign statement submitted by each candidate in accordance with section 11-F;

     (3)  Information regarding each ballot issue listed on the ballot that shall include:

          (A)  The number and title of the ballot issue;

          (B)  A fiscal impact statement prepared by the department of budget and finance for each statewide ballot issue or by the respective county counterpart agency for each countywide ballot issue listed on the ballot;

          (C)  The total number of votes cast for and against the ballot issue on the last reading of the ballot issue in the senate and house of representatives for a statewide ballot issue, or county council or charter commission for a countywide ballot issue, as applicable;

          (D)  An argument advocating the voters' approval of the ballot issue together with any statement in rebuttal of the opposing argument in accordance with section 11-E;

          (E)  An argument advocating the voters' rejection of the ballot issue together with any statement in rebuttal of the opposing argument in accordance with section 11-E;

          (F)  The names of the argument statement committee members established under section 11-E(b) for each argument or rebuttal statement; and

          (G)  The full text of the ballot issue;

     (4)  Contact information for the campaign spending commission;

     (5)  Contact information for the political parties that are subject to part V of this chapter; and

     (6)  Additional information, including voter registration information, voting instructions, and voter education, as deemed necessary by the chief election officer.

     (c)  The chief election officer shall determine the format and layout of the voters' pamphlet; provided that the voters' pamphlet shall include a table of contents, and be printed in clear and readable type on a paper of size, quality, and weight that best serves the voters, as determined by the chief election officer.  The chief election officer shall also produce the voters' pamphlet in braille, large print, audio recordings, or other media for access and use by individuals who are unable to review the voters' pamphlet in conventional print and form.

     §11-C  Voters' pamphlet; distribution; public access.  (a)  No later than the day the ballot package is mailed to voters, the chief election officer, with assistance from the clerk for elections that involve county offices and countywide ballot issues, shall mail to every registered voter one copy of the voters' pamphlet.  The voters' pamphlet may be included in the ballot package or mailed separately.

     (b)  The chief election officer shall cause a notice regarding the voters' pamphlet to be published in a newspaper of general circulation, on      different days before the election.  The notice, at minimum, shall inform the public that the voters' pamphlet:

     (1)  Has been mailed; and

     (2)  Is available through the means described in subsection (c).

     (c)  The chief election officer shall also make the voters' pamphlets available for public review in various media through:

     (1)  Placement of copies at public libraries, polling places, and absentee polling places; and

     (2)  Posting electronic copies on the public website of the office of elections.

     §11-D  Ballot issue; fiscal impact statement.  (a)  A fiscal impact statement shall be prepared by the department of budget and finance for each statewide ballot issue or by the respective county counterpart agency for each countywide ballot issue listed on the ballot.  The fiscal impact statement shall contain an estimated fiscal impact if the ballot issue is ratified or adopted.  The department of budget and finance or its county counterpart agency, as applicable, shall consult with appropriate fiscal state or county agencies in preparing the fiscal impact statements.  The fiscal impact statements shall be written in clear and concise language and avoid the use of legal and technical terms whenever possible.  Fiscal impact statements may include easily understood graphics.  The chief election officer shall prescribe the content and maximum length of the fiscal impact statements.

     (b)  The chief election officer shall receive all fiscal impact statements prepared for ballot issues by a date determined by the chief election officer for each election.

     §11-E  Ballot issue; argument statements in support or opposition; rebuttals; committees.  (a)  The chief election officer, in consultation with state and county legislative bodies and clerks, shall appoint the initial two members of each argument statement committee.  In making these committee appointments, the chief election officer shall consider legislators and stakeholders known to advocate for or oppose the ballot issue.  The initial two members may select up to four additional members, and the committee shall elect a chairperson from among its members.

     (b)  Each argument statement committee shall write and submit argument statements advocating the approval or rejection of each statewide or countywide ballot issue and rebuttals of those argument statements.  Each argument statement committee shall obtain the fiscal impact statements prepared in accordance with this section and section 11-D, respectively, before preparing their argument statements.  Each argument statement committee shall write the argument statements in clear and concise language and avoid the use of legal and technical terms whenever possible.  The content and maximum length of these argument statements shall be prescribed by the chief election officer.

     (c)  After an argument statement committee submits its initial argument statement to the chief election officer, the chief election officer shall transmit the statement to the opposite committee.  The opposite committee may then prepare a rebuttal statement.  Rebuttal statements may not interject new points.  All argument and rebuttal statements shall be submitted to the chief election officer by dates determined by the chief election officer for each election.

     (d)  The voters' pamphlet shall only contain argument and rebuttal statements prepared in accordance with this section.  Argument and rebuttal statements may contain graphs and charts supported by factual statistical data and pictures or other illustrations; provided that the chief election officer may disapprove any picture or illustration determined by the chief election officer to be inappropriate.

     (e)  A candidate shall not challenge an argument statement.

     §11-F  Candidate statements; photographs.  (a)  Candidates whose names are listed on the ballot may submit statements advocating their candidacies and photographs of themselves.  The content and maximum length of the candidate statement shall be prescribed by the chief election officer.

     (b)  A candidate statement shall not contain false or misleading statements about the candidate or the candidate's opponent.  A candidate who believes that the candidate has been defamed or libeled under an opponent's statement may commence an action under section 11-G.

     (c)  All candidate statements shall be submitted to the chief election officer by a date determined by the chief election officer for each election.

     §11-G  Rejection or dispute of arguments or statements.  (a)  In the opinion of the chief election officer, if any argument, rebuttal, or candidate statement submitted pursuant to this part for inclusion in the voters' pamphlet contains obscene matter or matter that is otherwise prohibited by law for distribution through postal, electronic, or audio or visual means, the chief election officer may petition the circuit court of competent jurisdiction for a judicial determination that the argument, rebuttal, or candidate statement may be rejected for publication or edited to delete the matter.  The court shall not enter an order unless it concludes that the matter is obscene or otherwise prohibited for distribution.

     (b)  A candidate may petition the circuit court of competent jurisdiction for a judicial determination if the candidate believes a candidate statement submitted for inclusion in the voters' pamphlet contains false or defamatory information.  The court shall not enter an order unless it concludes that the statement is false or the petitioner has a very substantial likelihood of prevailing in a defamation action.  A petition pursuant to this subsection shall be filed and served no later than five days after the deadline for the submission of the argument, rebuttal, or candidate statement to the chief election officer.  The State and counties shall not be liable for damages resulting from the publication of the argument, rebuttal, or candidate statement unless the chief election officer or county clerks publish the statement in violation of the order entered under this subsection.

     (c)  Parties to a dispute under this section may agree to resolve the dispute by rephrasing the argument, rebuttal, or candidate statement, even if the deadline for submission to the chief election officer has lapsed, unless the chief election officer determines that the process of publication is too far advanced to permit the change.  The chief election officer shall promptly provide any revision to any argument statement committee entitled to submit a rebuttal statement.  If that committee has not yet submitted its rebuttal statement, the committee's deadline to submit a rebuttal statement shall be extended by five days.  If the committee has submitted a rebuttal statement, the committee may revise the rebuttal statement to address the change within five days of the filing of the revised argument with the chief election officer.

     §11-H  Deceptively similar campaign materials prohibited.  (a)  No person or entity shall publish or distribute any campaign material that is deceptively similar in design or appearance to a voters' pamphlet that is published by the chief election officer.

     (b)  The chief election officer shall take reasonable measures to prevent or stop violations of this section, including petitioning the court for a temporary restraining order or other appropriate injunctive relief.

     §11-I  Public inspection; arguments and statements.  (a)  An argument, rebuttal, or candidate statement submitted to the chief election officer for publication in the voters' pamphlet shall not be available for public inspection or copying until:

     (1)  In the case of candidate statements:

          (A)  All statements by all candidates who have filed for a particular office have been received, except those candidates who informed the chief election officer that they will not submit statements; or

          (B)  The deadline for submission has passed;

     (2)  In the case of argument statements supporting or opposing a ballot issue:

          (A)  The argument statements on both sides have been received, unless an argument statement committee was not appointed for one side; or

          (B)  The deadline for submission of argument statements has passed; and

     (3)  In the case of rebuttal statements:

          (A)  The rebuttal statements on both sides have been received, unless an argument statement committee was not appointed for one side; or

          (B)  The deadline for submission of rebuttal statements has passed.

     (b)  Nothing in this section shall prohibit the chief election officer from releasing information in accordance with chapter 92F.

     §11-J  Rules.  The chief election officer shall adopt rules in accordance with chapter 91 to implement this part."

     SECTION 3.  Section 11-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The chief election officer shall be responsible for public education with respect to voter registration and information[.] and the publication and distribution of a voters' pamphlet in accordance with part    ."

     SECTION 4.  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 2022-2023 for the chief election officer to publish and distribute a voters' pamphlet for each election starting with the 2024 primary election; provided that no funds shall be made available under this Act unless the counties provide matching funds on a dollar-for-dollar basis.

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

     SECTION 5.  Notwithstanding any law to the contrary, this Act shall apply to the 2024 primary election, and every state and county election thereafter.

     SECTION 6.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 7.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 30, 2075; provided that the chief election officer shall adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this Act by no later than June 30, 2075.

 

Report Title:

Elections; Voters' Pamphlet; Office of Elections; Chief Election Officer; Appropriation

 

Description:

Requires the chief election officer, with assistance from the county clerks for elections that involve county offices and countywide ballot issues, to publish and distribute a voters' pamphlet.  Appropriates funds.  Requires the counties to match funds appropriated on a dollar-for-dollar basis.  Effective 7/30/2075.  (HD1)

 

 

 

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