HOUSE OF REPRESENTATIVES

H.B. NO.

1826

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to elections.

 

 

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

 


     SECTION 1.  Chapter 15, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

     "§15-A  Electronic transmission of voting materials.  An absent member of the United States armed forces on active duty deployment outside the State may apply for registration and an absentee ballot by electronic transmission, if otherwise qualified to vote by absentee ballot.  An absent member of the United States armed forces on active duty deployment outside the State who requests an absentee ballot or registration to be sent to the member by electronic transmission may choose delivery by facsimile transmission, electronic mail, or other electronic means as provided for by rule.  The clerk shall transmit the absentee ballot and registration to the member using the means of electronic transmission chosen by the member.

     §15-B  Emergency procedures for absentee voting.  If an international, national, state, or local emergency or other situation arises that makes substantial compliance with section 1973ff of title 42, United States Code, as amended, impossible or impracticable, including but not limited to armed conflict involving the armed forces of the United States, natural disaster, or a state of civil defense emergency declared by the governor, the chief election officer may prescribe a special procedure to facilitate absentee voting by absent members of the United States armed forces on active duty deployment outside the State or members of the state national guard or reserve deployed within the State in response to the emergency who are eligible to vote in the State.

     (b)  The chief election officer shall take reasonable steps to provide notice of any special procedures to persons to whom those procedures may be applicable.

     (c)  The chief election officer shall adopt rules, pursuant to chapter 91, for the purposes of this section.

     §15-C  Late registration.  A person who has been discharged or separated from the uniformed services, merchant marine, an accompanying family member, or a citizen returning from outside the State, after the deadline for registration to vote in an election may register and vote in that election, provided that:

     (1)  The person notifies the registrar before the date of the election in the jurisdiction of the person's claimed residence prior to the discharge, separation, or return to the State; and

     (2)  The person otherwise would be eligible to vote in the State."

     SECTION 2.  Section 15-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§15-3.5[]]  Federal write-in absentee ballot.  (a)  Notwithstanding the provisions of this chapter and chapters 11 and 16, the federal write-in absentee ballot for overseas voters in general elections for federal office which must be prescribed under section 1973ff of title 42, United States Code, as amended, may be used in general elections for federal offices.

     (b)  An absent member of the United States armed forces on active duty deployment outside the State may use a federal write-in absentee ballot, in accordance with section 1973ff of title 42, United States Code, as amended, to vote for all offices in any general, special, primary, or runoff election for federal, state, or local government office, or ballot measure.

     (c)  An absent member of the United States armed forces on active duty deployment outside the State may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot.  If the declaration is received after the deadline to request an absentee ballot prescribed in section 14-4(a), the declaration shall be treated as an application to register to vote for subsequent elections."

     SECTION 3.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Absentee Voting; Armed Forces Members

 

Description:

Expands the use of electronic transmission for absentee registration and voting by military personnel who are deployed outside the State.  Expands use of the federal write-in absentee ballot and late registration procedures for military members.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.