Report Title:

Elections; Voter

 

Description:

Allows clerk to remove voter's name from voter registration list under certain conditions such as voter's request, notice of death, mental incapacity, felony conviction, moved from the State, and fails to respond to confirmation mailings.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1013

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO VOTER REGISTRATION.

 

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

SECTION 1. Section 11-17, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The clerk, not later than 4:30 p.m. on the sixtieth day after every general election, shall remove the name of any registered voter [who did not vote in that general election, and also did not vote in the primary election preceding that that general election, and also did not vote in the previous general election, and also did not vote in the primary election preceding that general election, and also did not vote in the regularly scheduled special elections held in conjunction with those primary and general elections, if any, with the exception of:

    1. Those who submitted written requests for absentee ballots as provided in section 15-4; or
    2. Anyone who preregistered pursuant to section 11-12 (b).

If a person voted, at least once, in any on the above-mentioned elections, the person’s name shall remain on the list of registered voters. For this purpose "vote" means the depositing of the ballot in the ballot box whether the ballot is blank or later rejected for any reason. In the case of voting machines "vote" means the voter has activated the proper mechanism and fed the vote into the machine.

(b) The clerk shall also identify or remove the name of any registered voter, if the clerk, after mailing a notice or other correspondence, properly addressed, with postage prepaid, receives the notice or other correspondence as return mail with a postal notation that the notice or other correspondence was not deliverable.]:

(1) When the clerk receives a request from the voter;

(2) When the clerk receives notification from the department of health regarding a voter's death;

(3) When a voter is adjudicated by the courts to be mentally incapacitated;

(4) When the chief election officer or clerk receives notice from the federal or state courts regarding a voter's felony conviction and sentencing;

(5) When the chief election officer or clerk receives written confirmation that a voter has moved from the State and is registered to vote in another state; or

(6) When the voter fails to respond to confirmation mailings and also fails to vote in any election within two subsequent general elections.

(b) On election day, any person identified or removed shall have the person’s name corrected or restored in the register and shall be allowed to vote if the person completes an affidavit or other form prescribed by the chief election officer affirming that the person: [claims]

(1) Claims the person’s legal residence at the address listed on the register; [changed]

(2) Changed the person’s legal residence after the closing of the register for the election; or, [moved]

(3) Moved to a new residence within the same precinct as the person’s residence as listed on the register."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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