Report Title:

Elections; Absentee Voting

Description:

Directs absentee ballots to be delivered to locations designated by the chief election officer or at a polling place in an emergency.

HOUSE OF REPRESENTATIVES

H.B. NO.

2538

TWENTY-THIRD LEGISLATURE, 2006

 

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 voted absentee mail ballots should be presented to and kept in the custody of the clerk instead of being a part of the polling place operation. The legislature also finds that the increasing number of absentee mail ballots dropped off at the polls is causing delays in releasing election results on election night.

The purpose of this Act is to remove the precincts from the chain of custody for absentee ballots but to allow absentee mail ballots to be dropped off at the polls only in limited emergency circumstances.

SECTION 2. Section 15-9, Hawaii Revised Statutes, is amended to read as follows:

"§15-9 Return and receipt of absentee ballots. (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, at locations designated by the chief election officer 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] in emergency circumstances when approved by the clerk before the closing of the polls on any election day.

(b) Upon receipt of the return envelope from any person voting under this chapter, the clerk may prepare the ballots for counting pursuant to this section and section 15-10.

(c) Prior to opening the return and ballot envelopes and counting the ballots, the return envelopes shall be checked for the following:

(1) Signature on the affirmation statement;

(2) Whether the signature corresponds with the absentee request or register as prescribed in the rules adopted by the chief election officer; and

(3) Whether the person is a registered voter and has complied with the requirements of sections 11-15 and 11-16.

(d) If any of the above requirements is not met or if the return or ballot envelope appears to be tampered with, the clerk or the absentee ballot team official shall mark across the face of the envelope "invalid" and it shall be kept in the custody of the clerk and disposed of as prescribed for ballots in section 11-154.

[(e) If an absentee polling place is established at the clerk's office prior to election day, the officials of the absentee polling place shall check the return or ballot envelopes for the above requirements prior to depositing them in the correct absentee ballot box.]"

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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