Bill Text: HI SB2525 | 2022 | Regular Session | Introduced

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Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2022-01-24 - Referred to JDC, WAM. [SB2525 Detail]

Download: Hawaii-2022-SB2525-Introduced.html

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THE SENATE	S.B. NO.	2525
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONS.

 

 

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

 

     SECTION 1.  The legislature finds that all states make an effort to inform the electorate about upcoming elections, where and when elections will be held, and how voters may cast ballots.  Each state determines the information that will be provided and how the information will be distributed.  Many states provide sample ballots that are posted in polling places, published in newspapers, printed and distributed by request, or printed and mailed to each household or registered voter.  In Hawaii, the chief election officer or county clerk, in the case of a county election, is required to have printed informational posters with facsimile ballots that depict the official ballots that will be used in the election.

     The legislature further finds that other states publish and distribute voter pamphlets to registered voters.  Voter pamphlets may include candidate information, judicial performance reviews, descriptions of elected offices, and background information about constitutional amendments or ballot measures.  The purpose of these pamphlets is to inform voters about applicable ballot measures, including opposing sides of ballot measures, and candidates seeking office, including candidate positions on issues that affect voters.

     Accordingly, the purpose of this Act is to increase the amount of information provided to registered voters in Hawaii by:

     (1)  Requiring the chief election officer to publish voter pamphlets on the internet;

     (2)  Requiring the chief election officer to disseminate postcards notifying voters of the online pamphlet's website address; and

     (3)  Appropriating moneys to allow the chief election officer to publish an online voter pamphlet and distribute the informational postcards for each 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   .  online voter pamphlet

     §11-A  Definitions.  As used in this part, unless the context requires otherwise, "ballot issue" means a proposed constitutional amendment, county charter amendment, or initiative or referendum issue listed on an election ballot.

     §11-B  Online voter pamphlet; content; form.  (a)  The chief election officer, with assistance from the clerk for elections involving county offices and countywide ballot issues, shall be responsible for publication of an online voter pamphlet for each election.

     (b)  The online voter pamphlet shall contain:

     (1)  Information regarding each ballot issue listed on a ballot in accordance with section 11-112;

     (2)  Statements from candidates who are listed on a ballot in accordance with section 11-112;

     (3)  Contact information for the campaign spending commission;

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

     (5)  Any information deemed necessary by the chief election officer, including voter registration information, voting instructions, and voter education.

     (c)  The chief election officer shall determine the format and layout of the online voter pamphlet.

     (d)  The online voter pamphlet shall be posted on the public website of the office of elections and links to the online voter pamphlet shall be posted in a conspicuous location on the office of elections website homepage.

     §11-C  Online voter pamphlet postcards; publication; distribution.  (a)  The chief election officer, with assistance from the clerk for elections involving county offices and countywide ballot issues, shall publish and distribute a postcard containing the website address of the online voter pamphlet for each election.

     (b)  The chief election officer shall distribute the postcards using any means that the chief election officer deems necessary to best serve the interests of all registered voters and satisfy any federal or state election requirements.

     (c)  The means of distribution of the postcards shall include but not be limited to:

     (1)  Through postal service mail;

     (2)  At public libraries, polling places, or absentee polling places;

     (3)  In a daily or weekly publication of statewide circulation, or countywide circulation in the affected county; or

     (4)  In electronic form.

     (d)  The chief election officer may publish the postcards in braille, large print, or audio recording.

     (e)  The chief election officer shall attempt to distribute the postcards in conjunction with any other mailers that the office of elections sends to eligible voters; provided that the chief election officer shall distribute the postcards no later than       days prior to each election.

     §11-D  Ballot issue; information.  The online voter pamphlet shall include the following information for each ballot issue:

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

     (2)  An explanatory statement prepared by the attorney general for a statewide ballot issue, or corporation counsel or county attorney for a countywide ballot issue, in accordance with section 11-E;

     (3)  A fiscal impact statement prepared by the attorney general for a statewide ballot issue, or corporation counsel or county attorney for a countywide ballot issue, in accordance with section 11-F;

     (4)  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;

     (5)  An argument advocating voter approval of the ballot issue together with any statement in rebuttal of the opposing argument in accordance with section 11-G;

     (6)  An argument advocating voter rejection of the ballot issue together with any statement in rebuttal of the opposing argument in accordance with section 11-G;

     (7)  For each argument or rebuttal statement, the names of the committee members responsible for writing and submitting the argument statements and rebuttals pursuant to section 11-G(b); and

     (8)  The full text of the ballot issue.

     §11-E  Ballot issue; explanatory statement.  (a)  An explanatory statement shall be prepared by the attorney general for each statewide ballot issue, or corporation counsel or county attorney for each countywide ballot issue, listed on a ballot in accordance with section 11-112.  The attorney general, corporation counsel, or county attorney shall write the explanatory statement in clear and concise language and avoid the use of legal and technical terms whenever possible.  The chief election officer shall prescribe the content and maximum length of these statements.

     (b)  For each election, the chief election officer shall determine the date by which the chief election officer shall receive all explanatory statements prepared by the attorney general for statewide ballot issues, or corporation counsel or county attorney for countywide ballot issues.  The chief election officer may authorize the clerk to receive explanatory statements for countywide ballot issues for each respective county, as applicable; provided that these explanatory statements shall be received by the chief election officer by the date determined by the chief election officer for each election.

     §11-F  Ballot issue; fiscal impact statement.  (a)  A fiscal impact statement shall be prepared by the attorney general for each statewide ballot issue, or by the corporation counsel or county attorney for each countywide ballot issue, that is listed on a ballot in accordance with section 11-112.  The attorney general, corporation counsel, or county attorney, as applicable, shall consult with appropriate fiscal state or county agencies in preparing the fiscal impact statement.  Each fiscal impact statements shall be written in clear and concise language and the use of legal and technical terms shall be avoided whenever possible.  Fiscal impact statements may include easily understood graphics.  The chief election officer shall prescribe the content and maximum length of these statements.

     (b)  For each election, the chief election officer shall determine the date by which the chief election officer shall receive all fiscal impact statements prepared by the attorney general for statewide ballot issues, or by the corporation counsel or county attorney for countywide ballot issues.  The chief election officer may authorize the clerk to receive fiscal impact statements for countywide ballot issues for each respective county, as applicable; provided that these fiscal impact statements shall be received by the chief election officer by the date determined by the chief election officer for each election.

     §11-G  Ballot issue; committees; argument statements in support or opposition; rebuttals.  (a)  An argument statement committee shall be formed with regard to each statewide or countywide ballot issue.  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 support or oppose the ballot issue.  The initial two members of each committee may select up to four additional members, and each committee shall elect a chairperson.

     (b)  Each committee shall write and submit argument statements advocating for the approval or rejection of each statewide or countywide ballot issue and rebuttals of those argument statements.  Each committee shall obtain the explanatory and fiscal impact statements prepared in accordance with sections 11-E and 11-F, respectively, before preparing the committee's argument statements.  The committees shall write the argument statements in clear and concise language and avoid the use of legal and technical terms whenever possible.  The chief election officer shall prescribe the content and maximum length of these argument statements.

     (c)  After a committee submits its initial argument statement to the chief election officer, the chief election officer shall transmit the statement to its counterpart committee.  The counterpart committee may then prepare a rebuttal statement.  Rebuttal statements may not interject new points.  For each election, the chief election officer shall determine the date by which all argument and rebuttal statements shall be submitted to the chief election officer.

     (d)  Each online voter pamphlet prepared pursuant to section 11-3 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 illustrations shall not include cartoons or caricatures.

     §11-H  Candidate statements.  (a)  Each candidate whose name is listed on a ballot in accordance with section 11-112 may submit a written statement and photograph advocating for the candidate's candidacy.  The chief election officer shall prescribe the content and maximum length of the candidate statements.

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

     (c)  For each election, the chief election officer shall determine the date by which all candidate statements shall be submitted to the chief election officer.

     §11-I  Rejection or dispute of arguments or statements.  (a)  If the chief election officer determines that an argument, rebuttal, or candidate statement submitted pursuant to this part for inclusion in the online voter 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 obscene or otherwise prohibited matter.  The court shall not enter an order unless the court concludes that the matter is obscene or otherwise prohibited for distribution.

     (b)  A candidate who believes that an argument, rebuttal, or candidate statement submitted for inclusion in the online voter pamphlet defames the candidate may petition the circuit court of competent jurisdiction for a judicial determination.  The court shall not enter an order unless the court concludes that the statement is untrue and the petitioner has a substantial likelihood of prevailing in a defamation action.  An action under this subsection shall be filed and served no later than       days after the deadline for the submission of the argument, rebuttal, or candidate statement to the chief election officer.  If the chief election officer notifies a person named or identified in an argument, rebuttal, or candidate statement of the contents of the statement within       days after the deadline for submission to the chief election officer, the State shall not be liable for damages resulting from the publication of the argument, rebuttal, or candidate statement unless the chief election officer publishes the statement in violation of the order entered under this subsection.  Nothing in this subsection shall create a duty on the part of the chief election officer to identify, locate, or notify the person named or identified in the applicable argument, rebuttal, or candidate statement.

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

     (d)  In any action under this section, the committee or candidate shall be named as a defendant and may be served with process by certified mail directed to the address contained in the chief election officer's records for that party.  The chief election officer shall be a nominal party to an action brought under subsection (b) solely for the purpose of determining the content of the online voter pamphlet.  The circuit court shall give these actions priority on the court's calendar.

     §11-J  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 an online voter pamphlet or online voter pamphlet postcard 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-K  Public inspection; arguments and statements.  (a)  The chief election officer shall not make any argument, rebuttal, or candidate statement submitted to the chief election officer for publication in an online voter pamphlet available on the office of elections website until:

     (1)  In the case of candidate statements:

          (A)  The chief election officer has received all statements from all candidates who have filed for a particular office, except those candidates who have informed the chief election officer that the candidate will not submit any candidate statements; or

          (B)  The deadline for submission of candidate statements has elapsed;

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

          (A)  The chief election officer has received the argument statements from both sides, unless a committee was not appointed for one side; or

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

     (3)  In the case of rebuttal statements:

          (A)  The chief election officer has received the rebuttal statements from both sides, unless a committee was not appointed for one side; or

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

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

     §11-L  Expenses.  The State shall be responsible for compilation, printing, internet web hosting, and distribution costs associated with online voter pamphlets and online voter pamphlet postcards pursuant to this part.

     §11-M  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] on voter registration and information[.] and the publication and distribution of online voter pamphlets and online voter pamphlet postcards in accordance with part      ."

     SECTION 3.  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 an online voter pamphlet and publish and distribute postcards notifying voters of the pamphlet's website address for each upcoming election.

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

     SECTION 4.  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 5.  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 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2022.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Office of Elections; Chief Election Officer; Elections; Online Voter Pamphlet; Postcards; Appropriation

 

Description:

Requires the chief election officer, with assistance from the county clerks for elections involving county offices and countywide ballot issues, to publish an online voter pamphlet on the Office of Elections public website and publish and distribute postcards notifying voters of the online voter pamphlet website address.  Appropriates moneys to allow the chief election officer to produce and distribute an online voter pamphlet and voter pamphlet postcards for each election.

 

 

 

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