Report Title:

Voting; Election by Mail

Description:

Establishes an election by mail program for all federal, state, and county primary, general, and special elections. Makes appropriation for program.

THE SENATE

S.B. NO.

1184

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to voting.

 

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

SECTION 1. In the 2004 presidential election, a record number of voters requested absentee ballots. This trend demonstrates that more voters are finding voting by mail to be an easier option than voting at the polls on election day.

Other states, such as Oregon, have used voting by mail as the exclusive method for casting ballots. From their experience with voting by mail, these states have found that:

(1) Voter participation increases with voting by mail because it is easier for people to vote;

(2) Voting by mail is cost effective, as there are fewer costs associated with the staffing of polling places;

(3) Having the ballots for a longer period of time lets voters study their choices and find answers to their questions before making their votes; and

(4) Unlike computer voting, voting by mail continues to have a paper ballot that is verifiable and may be audited.

The purpose of this Act is to establish an election by mail program to be utilized as the exclusive means of casting a ballot for a federal, state, and county primary, general, or special election, if authorized by the office of elections.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Election by mail

§   -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Ballot" shall have the same meaning as defined in section 11-1.

"Chief election officer" means the individual defined in section 11-1.

"Clerk" shall have the same meaning as defined in section 11-1.

"County" shall have the same meaning as defined in section 11-1.

"Election" shall have the same meaning as defined in section 11-1.

"Election by mail" means an election conducted exclusively by mail.

"Voter" shall have the same meaning as defined in section 11-1.

§   -2 Election by mail; determination. (a) An election by mail may be conducted by the chief election officer if the chief election officer, in consultation with the county clerks, determines that conducting an election by mail is economically and administratively feasible.

(b) The chief election officer shall provide notice pursuant to section 1-28.5 no later than sixty days before the election, that an election by mail shall be conducted and that no poll will be open on election day. This information shall also be mailed to each voter with the ballot.

§   -3 Procedures for conducting election by mail. (a) Except as provided in subsections (b) and (c), the county clerk shall mail by nonforwardable mail:

(1) An official ballot;

(2) A return identification envelope; and

(3) A secrecy envelope;

to each registered voter between eighteen days and fourteen days before the date of the election.

(b) 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 by nonforwardable mail:

(1) An official ballot;

(2) A return identification envelope; and

(3) A secrecy envelope;

to the voter between twenty days and eighteen days before the date of the election.

(c) If the voter requests a ballot be mailed outside of the State, the county clerk shall mail by nonforwardable mail:

(1) An official ballot;

(2) A return identification envelope; and

(3) A secrecy envelope;

to the voter not sooner than the twenty-ninth day before the election.

(d) Upon receipt of a ballot by mail, the voter may:

(1) Mark the ballot;

(2) Sign the return identification envelope supplied with the ballot; and

(3) Comply with the instructions provided with the ballot.

The voter may return the marked ballot to the county clerk by United States Postal Service or by depositing the ballot at any place of deposit designated by the chief election officer or county clerk. All postage for ballots returned by the United States Postal Service shall be provided by the voter.

§   -4 Replacement ballots. (a) In an election by mail, a voter may obtain a replacement ballot. To vote a replacement ballot, the voter shall complete and sign a replacement ballot request form. The request for a replacement ballot may be made by mail, in person, or by other means designated by the chief election officer according to the procedures provided by the rules adopted by the chief election officer pursuant to chapter 91.

(b) Upon receipt of a request for a replacement ballot, the county clerk or a designee appointed by the clerk shall:

(1) Verify the registration of the voter and ensure that another ballot has not been returned to the voter;

(2) Make a notation on the list of registered voters that the voter has requested a replacement ballot;

(3) Mark the return identification envelope so that it may be identified as a replacement ballot; and

(4) Issue a replacement ballot.

§   -5 Counting of ballots. (a) In an election by mail, 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 the procedures provided by the rules adopted by the chief election officer pursuant to chapter 91.

(b) A mailed ballot shall be counted if:

(1) It is received by the county clerk not later than the end of the period determined by the chief election officer;

(2) It is received in the return identification envelope;

(3) The envelope is signed by the voter to whom the ballot is issued; and

(4) The signature of the voter is verified pursuant to subsection (c).

(c) The county clerk, or a designee appointed by the county clerk, shall verify the signature on the return identification envelope according to the procedures provided by the rules adopted by the chief election officer pursuant to chapter 91.

(d) Upon receipt of a voted replacement ballot, the county clerk or a designated appointee shall verify that a completed and signed replacement ballot request form has been received by the county clerk or is included with the voted replacement ballot. If a request form has been completed and signed by the voter and received by the county clerk, the county clerk or a designated appointee 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 or a designated appointee shall not process the ballot."

SECTION 3. Section 11-91.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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[.] as provided in chapter      ."

SECTION 4. 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 2005-2006, for the purpose of implementing and administering the election by mail program.

SECTION 5. The sum appropriated shall be expended by the

department of accounting and general services for the purposes of this Act.

SECTION 6. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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