Report Title:

Constitutional Amendment; Primary Elections

 

Description:

Proposes a constitutional amendment to limit a member of a political party to voting in a primary election on a ballot for that person's political party, and no other party.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2865

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

proposing an amendment TO THE HAWAII CONSTITUTION ON PRIMARY and SPECIAL PRIMARY ELECTIONS.

 

 

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

 


     SECTION 1.  The legislature finds that, since its adoption in 1978, Hawaii's constitution, as provided in article II, section 4, has encouraged voter participation in primary elections by allowing voters to select any political party's ballot without declaring a party preference or nonpartisanship as a condition of voting.  While some candidates may have sought votes from members of a different political party, public confidence in this open primary election system continues to be high.

     However, the possibility remains that a political party could improperly affect the outcome of an opposing party's primary election.  A party could do this by encouraging its members to cast votes for the weaker candidate of the opposing party, thus allowing their candidate to face the weaker candidate in the general election.

     The legislature further finds that, in order to ensure the integrity of primary elections and prevent misuse of election laws, crossover voting by members of political parties should be prohibited.  Political party members would then be allowed to vote only in their respective party's primary election.

     The purpose of this Act is to propose an amendment to article II, section 4, of the Constitution of the State of Hawaii to require a person, as a condition of voting in any primary or special primary election, to declare membership in a political party and be issued the primary or special primary ballot for that party or declare nonmembership and be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot.

     SECTION 2.  Article 2, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"REGISTRATION; VOTING

     Section 4.  The legislature shall provide for the registration of voters and for absentee voting and shall prescribe the method of voting at all elections.  Secrecy of voting shall be preserved; provided that [no] a person shall be required to declare a party [preference or nonpartisanship] membership or nonmembership as a condition of voting in any primary or special primary election[.]; provided further that a person who is a member of a political party shall be issued the primary or special primary ballot for that party and a person who is not a member of a party shall be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot.  Secrecy of voting and choice of political party affiliation [or nonpartisanship] shall be preserved."

    SECTION 3.  The question to be printed on the ballot shall be as follows:

    "As a condition of voting in any primary or special primary election, shall a person be required to declare membership in a political party and be issued the primary or special primary ballot for that party or declare nonmembership and be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot?

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This Act shall take effect upon compliance with

article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

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