Bill Text: HI SB287 | 2015 | Regular Session | Introduced
Bill Title: Elections; Voting; Elections by Mail; Absentee Voting; Postponed Elections and Election Results; Election Expenses; Appropriation ($)
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2015-04-30 - Conference committee meeting to reconvene on 05-01-15 2:00PM in conference room 325. [SB287 Detail]
Download: Hawaii-2015-SB287-Introduced.html
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THE SENATE |
S.B. NO. |
287 |
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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 legislature finds that Hawaii tends to experience low voter turnout during elections. For example, in the 2014 general election, only 52.3 per cent of those registered actually cast ballots — the lowest statistic on record for a general election. The State has also faced other problems in recent elections. During the 2012 general election, twenty-four polling places on the island of Oahu ran out of paper ballots and about one-third of Oahu's voting precincts experienced ballot shortages. More recently, the 2014 primary election was held amid a threat of back-to-back tropical storms. Tropical storm Iselle arrived the day before the primary, toppling trees on Hawaii island and resulting in the closure of two polling precincts in Puna. A makeup vote, open only to registered voters from the two precincts that had closed who had not voted, was held six days after the primary on August 15. However, dozens of voters from surrounding districts who were unable to vote on August 9 because of storm damage showed up and were turned away. In a separate primary election incident, election officials discovered about eight hundred mail-in absentee votes from Maui had not been properly scanned and read. These incidents show that changes are needed to ensure that eligible voters in Hawaii can exercise their constitutionally protected right to vote.
The legislature further finds that at least twenty-two states allow certain elections to be conducted entirely by mail, with Colorado, Oregon, and Washington administering all elections entirely by mail. Voting by mail enables voters to avoid wait times at polling places, can be a convenient method of voting for people located in remote electoral precincts, and may increase voter turnout in special and small elections.
The legislature additionally finds that the trend in Hawaii has been toward more mail-in voting. The 2014 Hawaii primary election was the first election where there were more early votes than ballots cast on primary election day. 56 per cent of Hawaii voters chose to vote early during the 2014 primary, with approximately 83 per cent of these early voters doing so by mail-in absentee ballot.
In Hawaii, shifting to elections by mail would significantly reduce the logistical issues related to conducting elections. Depending on the vote-by-mail model chosen by the State, there would be a savings of at least $874,000 per cycle after initial expenses. The legislature therefore concludes that an incremental implementation of an election-by-mail voting system is the best approach for the State to transition to elections by mail.
Accordingly, the purpose of this Act is to:
(1) Require the office of elections to implement elections by mail in a county with a population of less than 100,000, beginning with the 2016 primary election;
(2) By 2018, require all federal, state, and county primary, special primary, general, special general, and special elections to be conducted by mail;
(3) Enable absentee walk-in voting to continue prior to election day;
(4) Ensure limited polling sites in each county remain open on election day for absentee walk-in voting and to receive mail-in ballots; and
(5) Appropriate funds for the implementation and administration of the election by mail program.
SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . ELections by Mail
§11- Elections eligible to be conducted by mail. Beginning with the 2016 primary election, the office of elections shall implement elections by mail in a county with a population of less than 100,000; provided that by 2018, all federal, state, and county primary, special primary, general, special general, and special elections shall be conducted by mail in accordance with this part; provided further that any person registered to vote may request an absentee ballot or permanent absentee ballot in accordance with section 15-4, in lieu of receiving an election-by-mail ballot package pursuant to this part.
§11- Procedures for conducting elections by mail. (a) Ballot packages shall include:
(1) An official ballot;
(2) A pre-paid postage return identification envelope;
(3) A secrecy envelope; and
(4) Instructions.
(b) Except as provided in subsections (c), (d), (e), and (f), the county clerk shall mail a ballot package by nonforwardable mail to each registered voter between fourteen and eighteen days before the date of the election.
(c) If the county clerk determines that a voter does not receive daily mail service from the United States Postal Service, the county clerk shall mail a ballot package by nonforwardable mail to the voter between eighteen and twenty days before the date of the election.
(d) If the voter requests that a ballot package be mailed outside of the State, the county clerk shall mail a ballot package by nonforwardable mail to the voter no later than the twenty-ninth day before the election.
(e) Notwithstanding subsections (b), (c), (d), and (f), 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. A ballot package that is made available to a voter shall be made available in a manner and by a method that will ensure confidentiality as provided in section 11-14.5. The receipt of the ballot package by pick-up shall be available to the voter until three days before the election to enable 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- 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 marked ballot in the return identification envelope, and signing 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 a place of deposit no 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 replacement ballot request form 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 ensure that another ballot has not been returned by the voter;
(2) Note on the list of registered voters that the voter has requested a replacement ballot;
(3) Mark the return identification envelope as a replacement ballot; and
(4) Issue the replacement ballot package by mail, by delivery, or by making the ballot package available for pick-up by the voter.
(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 no later than the time provided in section 11-131 on the date of the election.
§11- Counting of mail-in ballots. (a) The method of preparing ballots for counting may begin no sooner than the seventh day before the election. In the presence of official observers, counting center employees may start to count the ballots on the day of the election. All handling and counting of the mailed-in ballots shall be according to procedures established by the chief election officer.
(b) 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 no later than the time stated in section 11-131 on the date of the election.
(c) Upon receipt of a marked replacement ballot, the county clerk shall verify that a completed and signed replacement ballot request form has been received by the county clerk or is included with the marked replacement ballot. If a request form has been completed and signed by the voter and received by the county clerk, the county clerk shall process the ballot. If the replacement ballot request form is not completed or signed by the voter or not received by the county clerk, the county clerk shall not process the ballot."
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"[,]
means a ballot, including an absentee ballot, that 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"[,] means 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 pursuant to part , "vote" means the voter has returned the ballot to the chief election officer or county clerk by the United States Postal Service or by delivering the ballot to a place of deposit."
SECTION 6. Section 11-92.1, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§11-92.1
Election proclamation; [establishment of a new precinct.] precincts. (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. All places of deposit shall be open
as soon as election-by-mail ballot packages are made available to voters.
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 conducted by mail pursuant to part .
Limited polling places, to be established by each respective county clerk,
shall be available on election day for absentee voting and to receive
election-by-mail ballots. 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 or alternate precincts; natural disasters; postponement; absentee
voting [required;]; vote by mail; 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 or provide an
alternate precinct 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]:
(1) Require the registered voters of
the affected precinct, district, or county to vote by absentee ballot
pursuant to section 15-2.5 [and may postpone] or vote by mail
pursuant to part ; and
(2) 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, postponement, or requirement to vote by absentee ballot[,]
or by mail, in the affected [county or] precinct, county, or
district prior to the opening of [the] each 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 11-184, Hawaii Revised Statutes, is amended to read as follows:
"§11-184
Election expenses and responsibilities in combined state and county elections[.]
by mail. Election expenses in elections by
mail involving both state and county offices shall be shared as set forth
below:
[(1) The State shall pay and be responsible
for:
(A) Precinct officials;
(B) Instruction of precinct
officials when initiated or approved by the chief election officer;
(C) Boards of registration;
(D) Polling place costs other than
supplies: installation rentals, ballot boxes, voting booths, custodians,
telephones, and maintenance;
(E) Other equipment such as ballot
transport containers;
(F) Temporary election employees
hired to do strictly state work; and
(G) Extraordinary voter registration
and voter education costs when approved by the chief election officer.
(2) The county shall pay and be responsible
for:
(A) Normal voter registration,
voters list maintenance, and all printing connected with voter registration,
including printing of the voters list;
(B) Temporary election employees
hired to do strictly county work;
(C) Maintenance of existing voting
machines, including parts, freight, storage, programming, and personnel;
(D) Maintenance and storage of
voting devices and other equipment; and
(E) Employees assigned to conduct
absentee polling place functions.
(3) The remaining election expenses shall
be divided in half between the State and the counties. Each county will pay a
proration of expenses as a proportion of the registered voters at the time of
the general election. These expenses shall include but not be limited to:
(A) Polling place supplies;
(B) All printing, including ballots,
but excluding printing connected with voter registration;
(C) Temporary election employees not
including voting machine programmers doing work for both the State and county;
(D) Ballot preparation and packing;
and
(E) All other costs for which the
State or county are not specifically responsible relating to the operation of
voting machines, electronic voting systems, and other voting systems except
paper ballots to include but not be limited to real property rentals, equipment
rentals, personnel, mileage, telephones, supplies, publicity, computer
programming, and freight.
The responsibility for the above
functions shall be determined by the chief election officer where the
responsibility for such functions has not been assigned by the legislature.
Any
future expenses not presently incurred under any voting system now in use or to
be used shall be assigned to paragraphs (1), (2), or (3) above by the chief
election officer upon agreement with the clerks or by the legislature.]
(1) The State shall pay and be responsible for all costs initially related to an election-by-mail system, except for costs associated with voter registration, which shall be paid for by and the responsibility of the counties; and
(2) Subsequent costs in an election-by-mail system shall be divided in half between the State and the counties. Each county will pay a proration of expenses as a proportion of the registered voters at the time of the general election."
SECTION 9. Section 15-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The absentee polling places shall be open [no later than]
at least ten working days before election day, and all Saturdays falling
within that time period, or as soon thereafter as ballots are available[;
provided that all], and shall remain open through the day before
election day. All absentee polling places shall be open on the same date
statewide, as determined by the chief election officer. On election day,
limited polling places, to be established by each county clerk, shall be open
in each county to receive absentee ballots and election-by-mail ballots
pursuant to chapter 11, part ."
SECTION 10. Section 15D-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§15D-3[]] Elections covered. The voting procedures in this chapter apply to:
(1) A general, special, or primary election for federal office;
(2) A general, special, or primary election for statewide or state legislative office or state ballot measure; and
(3) A general, special, recall, primary, or runoff
election for local government office or local ballot measure conducted under [section
11-91.5] part of chapter 11 for which absentee
voting or voting by mail is available for other voters."
SECTION 11. 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;
(C) The use of motor caravans or parades; and
(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 by mail under part of chapter 11 other than those persons authorized to do so under part of chapter 11;
(9) Any unauthorized person found in possession of any voting machine or keys thereof; and
(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 12. 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)
Any ballot cast by mail under this section shall be subject to the provisions
applicable to absentee ballots under sections 11-139 and 15-6.
(e)
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 13. 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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the purpose of implementing and administering the election by mail program.
The sums appropriated shall be expended by the office of elections for the purposes of this Act.
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 15. This Act shall take effect on July 1, 2015; provided that section 9 of this Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Elections; Voting; Elections by Mail; Absentee Voting; Appropriation
Description:
Requires the office of elections to implement elections by mail in a county with a population of less than 100,000, beginning with the 2016 primary election. By 2018, requires all federal, state, and county primary, special primary, general, special general, and special elections to be conducted by mail. Enables absentee walk-in voting to continue prior to election day. Ensures limited polling sites in each county remain open on election day for absentee walk-in voting and to receive mail-in ballots. Appropriates funds for the implementation and administration of the election by mail program.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
