HOUSE OF REPRESENTATIVES

H.B. NO.

1233

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to absentee voting.

 

 

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

 


     SECTION 1.  The legislature finds that the use of absentee ballots has increased recently.  Absentee voters comprised approximately thirty-four per cent, thirty-eight per cent, forty-two per cent, and forty-six per cent of the total voter turnout during the 2006, 2008, 2010, and 2012 general elections, respectively.  At this rate, absentee ballots may soon become the de facto method of voting for the majority of voters.

     Current practice grants voters great freedom in the methods by which they may submit absentee ballots.  Voters may utilize mail and absentee polling places.  Further, current practice allows for the submission of absentee ballot return envelopes via in-person delivery to county clerks, election day polling places, and election day counting centers.  Moreover, third parties may deliver ballots on other voters' behalf.  It remains unknown, however, how often such third parties are utilized for such tasks.

     The legislature finds that as the use of absentee ballots grows, policymakers and the public should be equipped with empirical data that clearly record the frequency with which third parties deliver absentee ballots.  Such data can help lawmakers make informed decisions about potential future laws regarding educational campaigns for absentee voters, the training of third parties who help return ballots, and other laws that facilitate and promote fair elections.

     The legislature also finds that the current practice of accepting absentee ballots at counting centers, such as the state capitol, accommodates voters but is not specifically provided for in current law.

     The purpose of this Act, therefore, is to mandate and facilitate the collection of accurate empirical information regarding the use of third parties in the delivery of absentee ballots by:

     (1)  Requiring the collection of statistical information regarding the return of absentee ballot return envelopes upon receipt; and

     (2)  Amending the Hawaii Revised Statutes to reflect the current practice of allowing for the direct, in-person submission of absentee ballots to election day counting centers.

     SECTION 2.  Chapter 15, Hawaii Revised Statutes, is amended by adding a section to be appropriately designated and to read as follows:

     "§15-    Return of return envelopes by third parties.  (a)  For every election held after December 31, 2013, if any person, other than a postal service or delivery company employee acting in accordance with the employee's normal duties, returns more than one return envelope in a manner described in paragraph (2), (3), or (4) of section 15-9(a), the governmental entity receiving the return envelopes shall maintain a record of:

     (1)  The number of return envelopes the person submitted;

     (2)  The date and time the return envelopes were received;

     (3)  The location at which the return envelopes were received; and

     (4)  The method of delivery by which the return envelopes were received.

     (b)  The chief election officer and the county clerks shall make the information required pursuant to subsection (a):

     (1)  Readily available to anyone who contests an election pursuant to part XI of chapter 11, or any other applicable law; and

     (2)  Available on the chief election officer's website."

     SECTION 3.  Section 15-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The return envelope shall be:

     (1)  Mailed and must be received by the clerk issuing the absentee ballot not later than the closing of the polls on any election day;

     (2)  Delivered other than by mail to the clerk issuing the absentee ballot, or another election official designated by the clerk to act on the clerk's behalf, not later than the closing of polls on any election day; or

     (3)  Delivered other than by mail to any polling place within the county in which the voter is registered and deposited by a precinct official in the ballot box before the closing of the polls on any election day[.]; or

     (4)  Delivered other than by mail to an official counting center."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

 

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 


 


 

Report Title:

Absentee Ballots; Third Party Deliveries; Counting Centers

 

Description:

Requires the recording of the frequency with which third parties deliver voters' absentee ballots.  Codifies the current practice of allowing absentee ballots to be submitted to election day counting centers.

 

 

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