HOUSE OF REPRESENTATIVES

H.B. NO.

2590

TWENTY-SEVENTH LEGISLATURE, 2014

 

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 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§11-     Late registration.  (a)  Notwithstanding the closing of the general county register pursuant to section 11-24, an individual who is eligible to vote but is not registered to vote may register by appearing in person:

     (1)  Prior to the day of the election, at any absentee polling place established pursuant to section 15-7; or

     (2)  On the day of the election, at the polling place for the county in which the individual maintains residence.

     (b)  The county clerk shall designate a registration clerk, who may be an election official, at each of the absentee polling places in the county, established pursuant to section 15-7, prior to the day of the election and at each of the polling places in the county on the day of the election.  The registration clerk shall process registration applications for individuals not registered to vote and shall require each individual to submit:

     (1)  A signed affidavit in accordance with section 11-15, which shall include an affirmation of qualification to vote and a statement acknowledging that the individual:

         (A)  Has not voted and will not vote at any other polling place for that election; and

         (B)  Has not cast or will not cast any absentee ballot pursuant to chapter 15 for that election; and

     (2)  Proof of residence in accordance with section 11-13, which shall include:

         (A)  A valid driver's license, state identification card, or employee identification card showing the individual's current address;

         (B)  A document that contains the name and address of the individual, such as: a bank statement, paycheck, government check, residential lease, current utility bill, current telephone bill, or any other government document or card;

         (C)  Any other document that is approved by the office of elections as sufficient proof of residence;

         (D)  A student identification card, fee statement, or registration card from a post-secondary educational institution in the State or other document from a post-secondary educational institution that verifies the individual's current address;

         (E)  Verification by an administrator, or the administrator's designee, of a nursing home or similar facility where the individual resides; or

         (F)  A self-subscribing affidavit of residency signed under oath pursuant to section 11-15(b).

     (c)  Registration may be challenged in accordance with section 11-25.

     (d)  Notwithstanding subsection (a), late registration pursuant to this section may also be used by an individual who is registered to vote but whose name cannot be found on the precinct list for the polling place corresponding to the individual's address.

     (e)  The clerk of each county shall add individuals who properly register under this section to the respective general county register.  Within thirty days of registration at the polling place, the county clerk shall mail to the individual a notice that shall include the individual's name, address, district and precinct, and date of registration.  A notice mailed pursuant to this subsection shall serve as prima facie evidence that the individual is a registered voter as of the date of registration."

     SECTION 2.  Section 15-7, Hawaii Revised Statutes, is amended to read as follows:

     "§15-7  Absentee polling place[.]; registration at absentee polling place.  (a)  Absentee polling places shall be established at the office of the respective clerks, and may be established at such other sites as may be designated by the clerk under the provisions prescribed in the rules adopted by the chief election officer.  Section 11-21 relating to changes and transfers of registration shall apply to the absentee polling place as though it were the precinct at which a person's name properly appears on the list of registered voters.

     (b)  The absentee polling places shall be open no later than ten working days before election day, and all Saturdays falling within that time period, or as soon thereafter as ballots are available; provided that all absentee polling places shall be open on the same date statewide, as determined by the chief election officer.

     (c)  An individual who is eligible to vote but is not registered to vote may register by appearing in person at the absentee polling place for the county in which the individual maintains residence.

     (d)  The county clerk shall designate a registration clerk, who may be an election official, at each of the absentee polling places established in the county.  The registration clerk shall process registration applications for individuals not registered to vote and shall require each individual to submit:

     (1)  A signed affidavit in accordance with section 11-15, which shall include an affirmation of qualification to vote and a statement acknowledging that the individual:

         (A)  Has not voted and will not vote at any other polling place for that election; and

         (B)  Has not cast or will not cast any absentee ballot pursuant to chapter 15 for that election; and

     (2)  Proof of residence in accordance with section 11-13, which shall include:

         (A)  A valid driver's license, state identification card, or employee identification card showing the individual's current address;

         (B)  A document that contains the name and address of the individual, such as: a bank statement, paycheck, government check, residential lease, current utility bill, current telephone bill, or any other government document or card;

         (C)  Any other document that is approved by the office of elections as sufficient proof of residence;

         (D)  A student identification card, fee statement, or registration card from a post-secondary educational institution in the State or other document from a post-secondary educational institution that verifies the individual's current address;

         (E)  Verification by an administrator, or the administrator's designee, of a nursing home or similar facility where the individual resides; or

         (F)  A self-subscribing affidavit of residency signed under oath pursuant to section 11-15(b).

     (e)  Registration may be challenged in accordance with section 11-25.

     (f)  Notwithstanding subsection (c), absentee polling place registration pursuant to this section may be used by an individual who is registered to vote but whose name cannot be found on the precinct list for the polling place corresponding to the individual's address.

     (g)  The clerk of each county shall add individuals who properly register at an absentee polling place to the respective general county register.  Within thirty days of registration at an absentee polling place, the county clerk shall mail to the individual a notice that shall include the individual's name, address, district and precinct, and date of registration.  A notice mailed pursuant to this subsection shall serve as prima facie evidence that the individual is a registered voter as of the date of registration."

     SECTION 3.  There is appropriated out of the federal funds awarded to the State from the Help America Vote Act of 2002 the sum of $          or so much thereof as may be necessary for fiscal year 2014-2015 for the counties to implement this Act, which may include upgrading the registration process by purchasing electronic poll books.

     The sum appropriated shall be expended by the office of elections for the purposes of 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 on July 1, 2014; provided that:

     (1)  Section 2 of this Act shall take effect on January 1, 2016, and shall be repealed on December 31, 2017, and section 15-7, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day immediately prior to the effective date of this Act; and

     (2)  Section 1 of this Act shall take effect on January 1, 2018.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Voting; Late Registration; Absentee Polling Places

 

Description:

Allows voter registration at absentee polling places beginning in 2016 and late voter registration on election day at polling places beginning in 2018.

 

 

 

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