REPORT TITLE:
VOTER FRAUD; ELECTION FRAUD


DESCRIPTION:
This bill amends current voter and election fraud laws to provide
tougher penalties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1818 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO VOTER FRAUD AND ELECTION FRAUD PENALTIES. 


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

 1      SECTION 1.  Public confidence in government is at an all
 
 2 time low.  The public feels that government is often
 
 3 unresponsive, aloof, and in some cases, corrupt. 
 
 4      Key to a fair and responsive government is our democratic
 
 5 electoral process. We must stand ready to harshly punish those
 
 6 who would corrupt our electoral process through voter or election
 
 7 fraud.  The legislature finds that we must do our part by
 
 8 providing a strong disincentive to the commission of these acts.
 
 9 The purpose of this Act is to amend voter and election fraud
 
10 statutes to provide for tougher penalties against those who would
 
11 threaten our democratic electoral process.
 
12      SECTION 2.  Section 19-3.5, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[19-3.5]  Voter fraud.  The following persons shall be
 
15 guilty of a class [C]B felony:
 
16      (1)  Any person who knowingly registers another person to
 
17           vote when that person is not entitled to register to
 
18           vote;
 
19      (2)  Any person who knowingly votes when the person is not
 

 
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 1           entitled to vote;
 
 2      (3)  Any person who knowingly takes an oath in this title
 
 3           prescribed or authorized by law and wilfully makes any
 
 4           false statement of fact while under oath therein; or
 
 5      (4)  Any person who wilfully makes a false answer to any
 
 6           question asked of the person while under oath in this
 
 7           title prescribed or authorized by law."
 
 8      SECTION 3.  Section 19-4, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "19-4 Penalties; disqualification for, removal from
 
11 office; reports of convictions to chief election officer.  [Every
 
12 person found guilty of an election fraud shall be fined not less
 
13 than $100 nor more than $1,000, or imprisoned at hard labor not
 
14 more than two years, or both.  Besides the punishment,] In
 
15 addition to the statutory penalties and fines imposed by sections
 
16 706-660 and 706-640, respectively, the person shall be
 
17 disqualified from voting and from being elected to, holding or
 
18 occupying any office, elective or appointive.  If the person so
 
19 convicted holds any office, either elective or appointive, at the
 
20 time of the conviction, the office shall at once and without
 
21 mention in the sentence or other proceeding be vacated by the
 
22 conviction.  The judge before whom the conviction is had shall
 
23 immediately transmit to the chief election officer and to the
 
24 respective county clerks the name of the person, the offense of
 
25 which the person has been convicted
 

 
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 1 and the sentence of the court."
 
 2      SECTION 4.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 5.  This Act shall take effect upon its approval.
 
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