Report Title:

Absentee ballots; investigations

Description:

Provides "red flag" criteria that will trigger request for attorney general to conduct investigation regarding absentee ballots.

THE SENATE

S.B. NO.

2573

TWENTY-FIRST LEGISLATURE, 2002

 

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 there is a connection between relaxing rules associated with mail-in (absentee) ballots and the potential for fraud involving absentee ballot abuse. The legislature is concerned that under the National Voter Registration Act ("Motor Votor Act"), which requires all states to allow mail-in voter registration, and under state laws that provide for "no-fault" absentee ballots, an individual may register to vote, request an absentee ballot, and cast a vote without providing the opportunity for any election official to verify the identity of that individual. The legislature finds that the casting of absentee ballots at an unusually high rate in a particular election or a particular district may be an indicator of absentee ballot fraud. Therefore, this measure establishes guidelines for determining when the absentee ballot rate in an election is cause for concern, and provides for investigation of possible fraud in these circumstances.

SECTION 2. Chapter 19, Hawaii Revised Statutes, is amended by adding a new section, to be appropriately designated and to read as follows:

"§19- Investigation of absentee ballot fraud. The chief election officer shall request that the state attorney general conduct an investigation of fraud in connection with any election in which:

(1) The number of votes cast by absentee ballot is sufficient to influence the result of the election;

(2) The percentage of votes cast by absentee ballot in a particular district is at least ten percentage points higher than the percentage of votes cast by absentee ballot statewide;

(3) The percentage of total votes cast by absentee ballot in favor of the winning candidate is at least fifteen percentage points higher than the percentage of total votes cast in favor of that candidate by voters in person at a polling place; and

(4) The percentage of votes cast by absentee ballot in favor of the winning candidate in a particular precinct or district is at least twenty per cent higher than the percentage of votes cast by absentee ballot in favor of any other candidate in that precinct or district.

The chief election officer may request an investigation by the state attorney general if some, but not all, of these conditions are present. Nothing in this section shall prevent the chief election officer from initiating an independent investigation if, for any reason, the state attorney general does not conduct an investigation."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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