HOUSE OF REPRESENTATIVES

H.B. NO.

61

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Voter education.

 

 

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

 


     SECTION 1.  The legislature finds that voters must be sufficiently knowledgeable and well-informed to participate meaningfully in elections.  In every election, voter education helps ensure that all constituents understand their rights, the political system, the voting process, and the contests that the constituency is being asked to decide.  To that end, ballot questions should be put into context for voters through an explanation of the proposal's purpose, the potential ramifications, and the relevant issues and arguments.

     The legislature further finds that Act 8, Session Laws of Hawaii 2003, repealed a requirement that the chief election officer coordinate the preparation of voter education materials providing a summary and explanation of proposed constitutional amendments, including arguments for and against ratification of the proposal.  However, it has since become apparent that a restoration of this former requirement is warranted in light of the benefits to democracy of a well-informed electorate.

     The purpose of this Act is to empower voters and enhance the efficacy of elections by reestablishing the duty of the chief election officer to coordinate the preparation of voter education materials for proposed constitutional amendments and requiring the delivery of these materials to all registered voters.

     SECTION 2.  Section 11-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The chief election officer shall be responsible for public education with respect to voter registration and information.  Upon the certification of any bill that sets forth a proposed constitutional amendment for vote by the electorate, the chief election officer shall be responsible for the dissemination of appropriate voter education materials prepared by the legislative reference bureau.

     The legislative reference bureau shall assist the chief election officer with the interpretation of the proposed constitutional amendment contained in the bill.  The legislative reference bureau shall submit to the chief election officer, no later than ninety days prior to the general election, a summary of the proposed constitutional amendment, written in lay terms, explaining the content of the proposed constitutional amendment and including a summary of arguments that have been advanced by the major proponents and opponents of the proposed constitutional amendment.

     Except in cases of gross negligence or wilful misconduct, the chief election officer, the legislative reference bureau, and their respective officers and employees shall be immune from civil liability for any act, decision, or omission performed pursuant to this subsection, including the use of, or the failure to use, any information that is considered a public record and is submitted by any person or entity supporting or opposing the proposed constitutional amendment when compiling, summarizing, or disseminating the information required under this subsection.

     The chief election officer shall mail to every registered voter the items described in this subsection no later than thirty days prior to the general election or, in lieu of the foregoing procedure, include the items together with absentee ballots delivered to voters pursuant to section 15-5; provided that in any event, the chief election officer shall post the items:

     (1)  On the website of the office of elections no later than thirty days prior to the general election; and

     (2)  At or in each voting booth and in conspicuous places outside of each polling place before the opening of the polls at the general election."

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:

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Report Title:

Elections; Proposed Constitutional Amendments; Voter Education

 

Description:

Requires the Chief Election Officer to coordinate the preparation of voter education materials for proposed constitutional amendments and to deliver the materials to all registered voters.

 

 

 

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