HOUSE OF REPRESENTATIVES

H.B. NO.

2185

TWENTY-FIFTH LEGISLATURE, 2010

 

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 Congress recently passed amendments to the Uniformed and Overseas Citizens Absentee Voting Act as part of an effort to prevent the disenfrachising of overseas military and civilian voters.  The Military and Overseas Voter Empowerment (MOVE) Act, which was signed into law as part of the Defense Authorization Act, mandates, in part, that ballots must be mailed to overseas voters at least 45 days before an election.  Hawaii's primary election date falls exactly 45 days prior to our general election date, making it logistically impossible to comply with the MOVE Act because of the time needed to count votes, adjudicate disputed results, and verify results.

     The legislature further finds that the MOVE Act also calls for the expanded use of the Federal Write-in Absentee ballot, electronic transmission of voting materials to absentee uniformed service members and overseas citizens, as well as procedures for late registration of uniformed service members and overseas citizens.

     Accordingly, the purpose of this Act is to move the primary election date to an earlier date, and to come into compliance with other aspects of the MOVE Act.

     SECTION 2.  Section 12-2, Hawaii Revised Statutes, is amended to read as follows:

     "§12-2  Primary held when; candidates only those nominated.  The primary shall be held at the polling place for each precinct on the second to the last Saturday of [September] August in every even numbered year; provided that in no case shall any primary election precede a general election by less than forty-five days.

     No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary."

     SECTION 3.  Section 15-1, Hawaii Revised Statutes, is amended by adding the definition of "absent uniformed services voters" and "overseas voter" to read as follows:

     "§15-1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Absentee ballot" means a ballot as defined in section 11-1 used in absentee voting.

     "Absentee polling place" means an office or other suitable facility designated by the respective clerks for the conduct of absentee voting and the processing of absentee ballots.

     "Absent uniformed services voter" shall have the same meaning as defined in Title 42 United States Code, chapter 1973-ff.

     "Invalid ballot" means any absentee ballot which does not meet the requirements for a ballot to be counted as listed in section 15-9.

     "Overseas voter" shall have the same meaning as defined in Title 42 United States Code, chapter 1973-ff.

     "Voter in a remote area" means any registered voter who resides ten miles or more from the voter's designated polling place by the most direct route for public travel."

     SECTION 4.  Section 15-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[§15-3.5]  Federal write-in absentee ballot.  (a)   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.] absent uniformed services voters and overseas voters shall be permitted to use the Federal Write-In Absentee Ballot, in accordance with the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 19733ff, as may be amended, to vote for all offices in any general, primary, special, or runoff election for Federal, State, or local government office, or ballot measure.

     (b)  The clerk shall permit absent uniformed services voters and overseas voters to use the Federal Write-in Absentee Ballot voter declaration as a request for registration and an application for a military-overseas ballot simultaneous with the submission of the Federal Write-in Absentee Ballot, if the request is received by the later of the 15th day before the election or the last day for other voters in the state to apply for an absentee ballot for that election."

     SECTION 5.  Chapter 15, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§15-A    Electronic transmission of elections materials to absent uniformed services voters or overseas voters.   Absent uniformed services voters or overseas voters who have requested to receive ballots and balloting materials by electronic transmission may choose either facsimile transmission or electronic mail delivery, or Internet delivery.  The clerk, with the assistance of the chief elections officer, shall transmit ballots and balloting materials to the voter using the electronic means that the voter has chosen."

     SECTION 6.  Chapter 15, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§15-B    Late registration; recently discharged uniformed service members, overseas citizens, families.  Notwithstanding any other provision of state law, an individual who has been discharged or separated from the uniformed services or the Merchant Marines, or is an accompanying family member of such an individual, or is a citizen who is returning from outside the United States, but returns too late to register to vote by the normal state deadline to register, shall be entitled to register and vote in that election if they so notify the clerk for the address at which they claimed as their residence prior to the discharge or return to the United States before the day of the election, and if they would otherwise have been qualified to register to vote."

     SECTION 7.  Chapter 15, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§15-C    Ballot transit time for absent uniformed services voters and overseas voters.   For any general, primary, special, or runoff election for Federal, State, or local government office, or ballot measure, the clerk, with the assistance of the chief elections officer, shall transmit ballots and balloting materials to all absent uniformed services voters and overseas voters who have submitted a valid application for an absentee or federal write-in absentee ballot not later than forty-five days before any of the above mentioned elections. When a ballot applications from an absent uniformed services voter or overseas voter arrives after the jurisdiction has begun transmitting ballots and balloting materials to voters, the clerk shall transmit these materials to the voter within two working days." 

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon approval.

 

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Elections

 

Description:

Moves primary election date to an earlier time.  Makes various amendments to absentee ballot laws to comply with federal law.

 

 

 

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