REPORT TITLE:
Election Day Registration


DESCRIPTION:
Allows qualified persons to register and vote on election day and
to register to vote when applying for a driver's license or
renewal.  Requires the inclusion of voter registration forms in
all state tax return instruction booklets mailed to individual
taxpayers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            51          
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO VOTER REGISTRATION.



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

 1      SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§11-     Election day registration.  (a)  A person who is
 
 5 eligible to vote may register to vote and vote on the day of any
 
 6 election by appearing in person at the polling place for the
 
 7 precinct in which the person maintains residence, by completing a
 
 8 registration form as prescribed by the chief election officer,
 
 9 being examined under oath as to the person's qualifications as a
 
10 voter, and providing proof of residence.  Proof of residence for
 
11 purposes of registering under this section may be made by:
 
12      (1)  Showing a valid driver's license or state
 
13           identification card;
 
14      (2)  Showing any document approved by the chief election
 
15           officer as proper identification; or
 
16      (3)  Having a voter who is registered to vote in the
 
17           precinct sign an affidavit in the presence of the
 
18           precinct official, or other designee of the chief
 
19           election officer, vouching that the voter personally
 

 
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 1           knows that the person is a resident of the precinct.  A
 
 2           voter who has been vouched for on election day may not
 
 3           sign a proof of residence affidavit vouching for any
 
 4           other person on that election day.  The affidavit shall
 
 5           be attached to the registration form until the address
 
 6           of the registrant is verified by the county clerk.
 
 7      (b)  A registration form shall be verified by an authorized
 
 8 precinct official or other designee of the chief election officer
 
 9 before the registrant is given a ballot.  Any registration form
 
10 that is not so verified shall be rejected.  The precinct
 
11 official, or other designee of the chief election officer, shall
 
12 keep a record of the number of persons who attempt to register on
 
13 election day but who cannot provide proof of residence as
 
14 required under this section.  The record shall be forwarded to
 
15 the county clerk with the election returns for that precinct.
 
16      (c)  Registration forms completed and verified on election
 
17 day shall be forwarded to the appropriate county clerk who shall
 
18 add the names of each voter to the list of voters as that term is
 
19 used in section 11-24.
 
20      (d)  Registration at the polling place on election day shall
 
21 be conducted by the precinct officials, or other designees of the
 
22 chief election officer who shall be assigned exclusively to voter
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 registration duties and who shall not handle any ballots."
 
 2      SECTION 2.  Section 11-16, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "(a)  Any qualified person unable for any cause to present
 
 5 oneself in person before the clerk for registration may register
 
 6 to vote by mail, not later than thirty days prior to a primary or
 
 7 general election, through the affidavit on application for voter
 
 8 registration or other form prescribed by the chief election
 
 9 officer.  The form shall include a self-subscribing oath for the
 
10 applicant to swear to the truth of the allegations in the
 
11 application.  An applicant unable to write for reason of
 
12 illiteracy, blindness, or other physical disability shall have
 
13 the applicant's mark witnessed by a person who shall sign the
 
14 affidavit in the space provided.  Application forms shall be made
 
15 available to any qualified person through community groups,
 
16 political parties, and other groups prescribed by the chief
 
17 election officer.  Application forms shall be made available
 
18 pursuant to section 11-15.5 to any qualified person at the time
 
19 of that person's driver's license application or renewal through
 
20 the examiner of drivers[.] and as an insert in the state income
 
21 tax return instruction booklet mailed to all individual
 
22 taxpayers."
 

 
 
 
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 1      SECTION 3.  Section 235-98, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§235-98  Returns; form, verification and authentication,
 
 4 time of filing.  Returns shall be in such form as the department
 
 5 of taxation may prescribe from time to time and shall be verified
 
 6 by written declarations that the statements therein made are
 
 7 subject to the penalties prescribed in section 231-36.  Corporate
 
 8 returns shall be authenticated by the signature of the president,
 
 9 vice president, treasurer, assistant treasurer, chief accounting
 
10 officer, or any other officer duly authorized so to act, under
 
11 the penalties prescribed by section 231-36.  The fact that an
 
12 individual's name is signed on the corporation return shall be
 
13 prima facie evidence that the individual is authorized to sign
 
14 the return on behalf of the corporation.  In addition to the
 
15 requirements of section 11-15.5, all income tax return
 
16 instruction booklets mailed to individual taxpayers shall include
 
17 a voter registration form as prescribed by the chief election
 
18 officer under section 11-16.
 
19      The department may grant a reasonable extension of time for
 
20 filing returns under such rules [and regulations] as it shall
 
21 prescribe.  Except in the case of persons who are outside the
 
22 United States, no extension shall be for more than six months."
 

 
 
 
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 1      SECTION 4.  Section 286-108, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Except as otherwise provided in [section
 
 4 286-107.5(a),] this part, the examiner of drivers shall examine
 
 5 every applicant for a driver's license[, except as otherwise
 
 6 provided in this part].  The examination shall include a test of:
 
 7      (1)  The applicant's eyesight and any further physical
 
 8           examination as the examiner of drivers finds necessary
 
 9           to determine the applicant's fitness to operate a motor
 
10           vehicle safely upon the highways;
 
11      (2)  The applicant's ability to understand highway signs
 
12           regulating, warning, and directing traffic;
 
13      (3)  The applicant's knowledge of the rules of the road
 
14           based on the traffic laws of the State and the traffic
 
15           ordinances of the county where the applicant resides or
 
16           intends to operate a motor vehicle; and
 
17      (4)  The actual demonstration of ability to exercise
 
18           ordinary and reasonable control in the operation of a
 
19           motor vehicle.
 
20 The examinations shall be appropriate to the operation of the
 
21 category of motor vehicle for which the applicant seeks to be
 
22 licensed and shall be conducted as required by the director.
 

 
 
 
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 1      The examiner of drivers may waive the actual demonstration
 
 2 of ability to operate a motorcycle or motor scooter for any
 
 3 person who furnishes evidence, to the satisfaction of the
 
 4 examiner of drivers, that the person has completed the motorcycle
 
 5 education course approved by the director in accordance with
 
 6 section 431:10G-104.
 
 7      At the time of examination, an application for voter
 
 8 registration by mail shall be made available to every applicant
 
 9 for a driver's license.  In addition to the requirements of
 
10 section 11-15.5, applicants for driver's licenses shall be asked
 
11 if they want to register to vote at the same time.  All completed
 
12 voter registration forms shall be transmitted by the examiner of
 
13 drivers to the county clerk of the county in which the voter
 
14 maintains residence or to the chief election officer within three
 
15 working days.
 
16      For the purposes of this section, the term "applicant" does
 
17 not include any person reactivating a license under section
 
18 286-107.5(a)."
 
19      SECTION 5.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 6.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________