Bill Text: HI SB741 | 2022 | Regular Session | Amended


Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2022-03-24 - 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) Ohno excused (1). [SB741 Detail]

Download: Hawaii-2022-SB741-Amended.html

THE SENATE

S.B. NO.

741

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

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.  Section 14-28, Hawaii Revised Statutes, is amended to read as follows:

     "§14-28  Convening and voting for president and vice president; party vote[.]; invalid vote.  (a)  The electors, when convened, if both candidates are alive, shall vote by ballot for that person for president and that person for vice president of the United States, whose names appeared on the presidential general election ballot and, who are, respectively, the candidates of the political party or group which they represent, one of whom, at least, is not an inhabitant of this State.

     (b)  If an elector fails to vote for the presidential and vice presidential candidate pursuant to subsection (a), the elector's vote shall be invalidated and an alternate elector selected pursuant to section 14-21 shall vote for the candidates whose names appeared on the presidential general election ballot and who are of the political party or group that the alternate elector represents.  If an alternate elector fails to vote for the candidates whose names appeared on the presidential general election ballot and who are of the political party or group that the alternate elector represents, the alternate elector's vote shall be invalidated.  This subsection shall not apply if the presidential candidate of the political party or group that the elector represents has released the elector without condition, died, or become mentally disabled.

     (c)  As used in this section, "mentally disabled" means an individual:

     (1)  With a mental impairment that substantially limits one or more major life activities of the individual;

     (2)  With no ability to make decisions for the individual's self; or

     (3)  With a syndrome of clinically significant psychological, biological, or behavioral abnormalities that results in personal distress or suffering, impairment of capacity for functioning, or both."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2112.


 


 

Report Title:

Faithless Electors; Presidential Elections; Invalid Vote

 

Description:

Requires an elector to vote for the candidates whose names appeared on the presidential general election ballot and who are of the political party or group they represent.  Invalidates an elector's vote for failure to vote accordingly and requires an alternate to vote in place of the original elector.  Invalidates an alternate elector's vote for failure to vote accordingly.  Effective 7/1/2112.  (HD1)

 

 

 

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

 

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