Bill Text: HI SB636 | 2011 | Regular Session | Amended

Hawaii Senate Bill 636 (Prior Session Legislation)

Bill Title: Elections; Uniformed Services and Overseas Absentee Voters

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2011-02-15 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB636 Detail]

Download: Hawaii-2011-SB636-Amended.html

THE SENATE	S.B. NO.	636
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MILITARY AND OVERSEAS VOTERS.

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

SECTION 1. Chapter 15, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . UNIFORM MILITARY AND OVERSEAS VOTERS ACT

§15-A Short title. This part may be cited as the Uniform Military and Overseas Voters Act.

§15-B Definitions. For the purpose of this part:

"Covered voter" means:

(1) A uniformed-service voter or an overseas voter who is registered to vote in this State;

(2) A person described in paragraph (1) of the definition of "uniform-service voter" whose voting residence is in this State and who otherwise satisfies this State's voter eligibility requirements;

(3) An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements;

(4) An overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements; or

(5) An overseas voter who was born outside the United States, is not described in paragraph (3) or (4), and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements, if:

(A) The last place where a parent or legal guardian of the voter was, or under this part would have been, eligible to vote before leaving the United States is within this State; and

(B) The voter has not previously registered to vote in any other state.

"Dependent" means an individual recognized as a dependent by a uniformed service.

"Federal postcard application" means the application prescribed under Section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, Title 42 United States Code Section 1973ff.

"Federal write-in absentee ballot" means the ballot described in Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, Title 42 United States Code Section 1973ff.

"Military-overseas ballot" means:

(1) A federal write-in absentee ballot;

(2) A ballot specifically prepared or distributed for use by a covered voter in accordance with this part; or

(3) A ballot cast by a covered voter in accordance with this part.

"Overseas voter" means a United States citizen who is outside the United States.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"Uniformed service" means:

(1) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(2) The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(3) The National Guard and state militia.

"Uniformed-service voter" means an individual who is qualified to vote and is:

(1) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;

(2) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;

(3) A member on activated status of the National Guard or state militia; or

(4) A spouse or dependent of a member referred to in this definition.

"United States", used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

§15-C Elections covered. The voting procedures in this part apply to:

(1) A general, special, primary, or runoff election for federal office;

(2) A general, special, primary, or runoff election for statewide or state legislative office or state ballot measure; and

(3) A general, special, primary, or runoff election for county government office or county ballot measure.

§15-D Role of chief election officer. (a) The chief election officer shall be responsible for implementing this part and the State's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, Title 42 United States Code Section 1973ff.

(b) The chief election officer shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots. The chief election officer may delegate the responsibility under this subsection only to the state office designated in compliance with Section 102(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act, Title 42 United States Code Section 1973ff.

(c) The chief election officer shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this part.

(d) The chief election officer shall:

(1) Develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in this State; and

(2) To the extent reasonably possible, coordinate with other states to carry out this subsection.

(e) The chief election officer shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of an overseas-military ballot. The declaration shall be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this part. The chief election officer shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

§15-E Overseas voter's registration address. In registering to vote, an overseas voter who is eligible to vote in this State shall use and shall be assigned to the voting precinct of the address of the last place of residence of the voter in this State, or, in the case of a covered voter, the address of the last place of residence in this State of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter shall be assigned an address for voting purposes.

§15-F Methods of registering to vote. (a) To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application or the application's electronic equivalent.

(b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the voter registration deadline for that election. If the declaration is received after that date, it shall be treated as an application to register to vote for subsequent elections.

(c) The chief election officer shall ensure that the electronic transmission system under section 15-D is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official.

§15-G Methods of applying for military-overseas ballot. (a) A covered voter who is registered to vote in this State may apply for a military-overseas ballot using the regular absentee ballot application in use in the voter's jurisdiction under this chapter or the federal postcard application or the application's electronic equivalent.

(b) A covered voter who is not registered to vote in this State may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under section 15-F and for a military-overseas ballot.

(c) The chief election officer shall ensure that the electronic transmission system described under section 15-D is capable of accepting the submission of a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate election official.

(d) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate election official by the last day for other voters in this State to apply for an absentee ballot under section 15-4.

(e) To receive the benefits of this part, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:

(1) The use of a federal postcard application or federal write-in absentee ballot;

(2) The use of an overseas address on an approved voter registration application or ballot application; and

(3) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.

(f) This part does not preclude a covered voter from voting under the regular absentee voting provisions of this chapter.

§15-H Timeliness and scope of application for military-overseas ballot. An application for a military-overseas ballot is timely if received by the last day for other voters in this State to apply for an absentee ballot under section 15-4.

An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.

An application for a military-overseas ballot is effective for a runoff election necessary to conclude the election for which the application was submitted.

§15-I Transmission of unvoted ballots. (a) For a covered election described in section 15-C for which this State has not received a waiver pursuant to Section 579 of the Military and Overseas Voter Empowerment Act, Title 42 United States Code Section 1973ff, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials no later than forty-five days before the election to all covered voters who submit a valid military-overseas ballot application by that date.

(b) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter's jurisdiction, internet delivery. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.

(c) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit them to the voter not later than two business days after the application arrives.

§15-J Timely casting of ballot. For a ballot to be considered validly cast:

(1) A military-overseas ballot shall be received by the appropriate county election official not later than the close of the polls; or

(2) The voter shall submit the ballot for mailing, electronic transmission, or other authorized means of delivery in sufficient time for the chief election officer to receive the ballot by the election day.

§15-K Federal write-in absentee ballot. A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in a covered election described in section 15-C.

§15-L Receipt of voted ballot. (a) A valid military-overseas ballot cast in accordance with section 15-J shall be counted if it is delivered not later than the closing of the polls on any election day.

(b) If, at the time of completing a military-overseas ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.

§15-M Declaration. A military-overseas ballot shall include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury under the laws of the United States or this State.

§15-N Confirmation of receipt of application and voted ballot. The chief election officer, in coordination with county election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or the Internet whether:

(1) The voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

(2) The voter's military-overseas ballot has been received and the current status of the ballot.

§15-O Use of voter's electronic mail address. (a) The appropriate county election official shall request an electronic mail address from each covered voter who registers to vote after the effective date of this Act. An electronic mail address provided by a covered voter may not be made available to the public or any individual or organization other than an authorized agent of the county election official and is exempt from disclosure under chapter 92F. The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location. The request for an electronic mail address shall describe the purposes for which the electronic mail address may be used and include a statement that any other use or disclosure of the electronic mail address is prohibited.

(b) A covered voter who provides an electronic mail address may request that the voter's application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year following the calendar year of the date of the application or another shorter period the voter specifies, including for any runoff elections that occur as a result of such elections. An election official shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election.

§15-P Publication of election notice. (a) At least one hundred days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, an official in each jurisdiction charged with printing and distributing ballots and balloting material shall prepare an election notice for that jurisdiction, to be used in conjunction with a federal write-in absentee ballot. The election notice shall contain a list of all of the ballot measures and federal, state, and local offices that as of that date the official expects to be on the ballot on the date of the election. The notice shall also contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested.

(b) A covered voter may request a copy of an election notice. The official charged with preparing the election notice shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.

(c) As soon as ballot forms are certified, and not later than the date ballots are required to be transmitted to voters under this chapter, the official charged with preparing the election notice under subsection (a) shall update the notice with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.

(d) A county election jurisdiction that maintains an internet website shall make the election notice prepared under subsection (a) and updated versions of the election notice regularly available on the website.

§15-Q Prohibition of nonsubstantive requirements. (a) If a voter's mistake or omission in the completion of a document under this part does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, shall not invalidate a document submitted under this part. In a write-in ballot authorized by this part, if the intention of the voter is discernable under this State's uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.

(b) Notarization shall not be required for the execution of a document under this part. An authentication, other than the declaration specified in section 15-M or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for execution of a document under this part. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.

§15-R Equitable relief. A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this part upon application by:

(1) A covered voter alleging a grievance under this part; or

(2) An election official in this State.

§15-S Uniformity of application and construction. In applying and construing this Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§15-T Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, Title 15 United States Code Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, Title 15 United States Code Section 7001(c) et seq., or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, or Title 15 United States Code Section 7003(b)."

SECTION 2. Chapter 15, Hawaii Revised Statutes, is amended by designating sections 15-1 through 15-14 as part I, entitled "General Provisions".

SECTION 3. Section 15-3.5, Hawaii Revised Statutes, is repealed.

["~~[§15-3.5] Federal write-in absentee ballot.~~ Notwithstanding the provisions of this chapter and chapters 11 and 16, the federal write-in absentee ballot for overseas voters in general elections for federal office which must be prescribed under section 1973ff of title 42, United States Code, as amended, may be used in general elections for federal offices."]

SECTION 4. In codifying the new sections added by section 1 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 5. In printing this Act, the revisor of statutes shall insert the effective date of this Act in the appropriate place in section 1 of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken.

SECTION 7. This Act shall take effect upon its approval.

Report Title:

Elections; Uniformed Services and Overseas Absentee Voters

Description:

Implements voting provisions for uniformed services and overseas absentee voters, including electronic transmission of balloting materials, as required by the Military and Overseas Voter Empowerment Act. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.