Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1542 entitled:

begs leave to report as follows:

The purpose of the bill is to authorize persons adjudged incapacitated or who are mentally retarded, to vote.

Your Committee received testimony in support of the measure from the State Planning Council on Developmental Disabilities, the state Disability and Communication Access Board, and the ARC in Hawaii. The state Office of Elections provided testimony in support, but proposed an amendment.

Your Committee finds that voting is an important right that should be exercised by individuals who are able to make responsible decisions concerning voting despite mental retardation. However, individuals adjudged incapacitated should remain subject to investigation by the Office of Elections regarding their ability to make those voter decisions.

Your Committee has amended the bill by ensuring that persons adjudged incapacitated will be allowed to vote if, upon investigation, the county clerk finds that the person has sufficient understanding or capacity to make or communicate responsible decisions concerning voting. This provision will include mentally retarded persons. The reference to Chapter 333, Hawaii Revised Statutes, remains deleted as this chapter was repealed.

Your Committee has also made a technical, nonsubstantive amendment to clarity the effective date.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1542, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1542, H.D. 1, and be referred to the Committee on Finance.