Report Title:

Absentee Ballots

Description:

Allows delivery of absentee ballot other than mail by a representative of an incapacitated voter or in special cases.

HOUSE OF REPRESENTATIVES

H.B. NO.

464

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to absentee ballots.

 

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

SECTION 1. Section 15-4, Hawaii Revised Statutes, is amended to read as follows:

"§15-4 Request for absentee ballot. (a) Any person registered to vote may request an absentee ballot in person or in writing from the clerk not earlier than on the sixtieth day and not later than 4:30 p.m. on the seventh day prior to the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk.

(b) The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.

(c) The request shall include information such as the person's social security number, date of birth, and the address under which the person is registered to vote. The request shall also include the address to which the person wishes the requested ballot forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary; provided the person so indicates in the person's request.

(d) Subsequent to the closing of registration for each election, the clerk may mail a request form for an absentee ballot to each voter in a remote area who has not already made such a request. The request form shall be accompanied by:

(1) A stamped, self-addressed envelope; and

(2) Instructions regarding the manner of completing and returning the request form.

[(b) Notwithstanding subsection (a), the clerk shall mail an absentee ballot for each primary, special primary, special, general, and special general election to each registered voter who resides in the county of Kalawao. The chief election officer may adopt rules to carry out this subsection.]"

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

1. By amending subsection (a) to read:

"(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, by a representative of an incapacitated voter pursuant to section 15-5, or in special cases pursuant to section 15-4, 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]."

2. By amending subsection (e) to read:

"(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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