Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 3113 entitled:

begs leave to report as follows:

The purpose of this measure is to automatically qualify all residents of the county of Kalawao to absentee vote for each election.

Testimony in support of this measure was submitted by one individual.

Your Committee finds that the county of Kalawao is a unique, isolated, and closed community. Many of the long-time residents of the settlement are advanced in age and physically unable to operate a precinct poll. Your Committee further finds that to exercise their right to vote, the residents must presently apply for absentee ballots in every election year.

In a joint meeting with the chief election officer of the State and the county clerk of Maui, residents expressed their unanimous desire to have absentee ballots mailed to them automatically, without the need to file an application. Your Committee finds that there is a compelling state interest to provide this service to the residents of this area, and this measure is consistent with the State's special mandate to care for the residents of the Kalaupapa settlement in the county of Kalawao.

Your Committee has amended this measure to clarify that this provision is provided to the residents of the county of Kalawao to address a compelling state interest. Your Committee further amended this measure by removing all repeal requirements in section 4.

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 S.B. No. 3113, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3113, S.D. 1, and be placed on the calendar for Third Reading.