STAND. COM. REP. NO. 1166

Honolulu, Hawaii

, 2005

RE: S.B. No. 433

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 433, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS BY MAIL,"

begs leave to report as follows:

The purpose of this bill is to make elections more accessible and convenient by establishing a permanent vote-by-mail program for all federal, state, and county primary, general, and special elections. Specifically, this bill:

(1) Requires all elections to be conducted by mail after an unspecified date;

(2) Allows voting at polling places where necessary and convenient to voters to increase voter participation;

(3) Sets forth procedures for mailing ballot packages to voters and delivering ballots, or making them available for pick-up for voters unable to receive ballot packages by mail;

(4) Requires public notice of when ballot packages are mailed, delivered, or otherwise made available;

(5) Establishes requirements for ballot instructions and completing and returning ballots;

(6) Provides for replacement ballots;

(7) Creates procedures for counting mail-in ballots; and

(8) Appropriates an unspecified amount for fiscal year 2005-2006 for the Office of Elections (OE) to implement and administer the vote-by-mail program.

The Hawaii State Teachers Association and the Downtown Neighborhood Board No. 18 testified in support of this bill. The OE and Association of Clerks & Election Officers of Hawaii supported the intent of this measure. The Office of the Governor opposed this bill. The Disability and Communication Access Board and a concerned individual offered comments.

Your Committee has amended this bill by deleting its contents and inserting the contents of H.B. No. 1746, H.D. 1, Regular Session of 2005. As amended, this bill:

(1) Requires the OE to:

(A) Develop and implement a Vote-by-Mail Pilot Program (Pilot Program) for the 2006 elections that would replace traditional polling places in the three representative districts with the lowest voter turnout rate in the last two election cycles; and

(B) Submit a report on the Pilot Program to the Legislature before the Regular Session of 2007;

(2) Requires the Pilot Program to include voter education materials for voters eligible for the Pilot Program;

(3) Appropriates unspecified amounts for fiscal years 2005-2006 and 2006-2007 to establish the Pilot Program; and

(4) Takes effect on July 1, 2005, and sunsets on December 31, 2007.

Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

 

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 433, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 433, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair