Allows eligible voters to apply for permanent absentee voter status. Permits permanent absentee voters to cast a vote at the polls on election day provided that that person has not voted an absentee ballot previously. Makes appropriations.

A BILL FOR AN ACT

SECTION 1. In the 2004 general election, Hawaii voters turned out in record numbers. The high turnout reversed, at least temporarily, a steady three-decade decline in voter turnout among eligible Hawaii voters. To build upon the momentum of high participation rates among voters in the 2004 general election as well as reverse the alarming trend of voter apathy in Hawaii, it is critical that voter-friendly initiatives be explored and implemented in preparation for the 2006 election season.

One voter-friendly initiative that has been enacted in other states is permanent absentee voter status. For example, in California, eligible voters are able to submit a request for permanent absentee voter status with county election officials. These individuals then receive an absentee ballot in the mail each time there is an election in their precinct. This method of voting simplifies the absentee voting process as it eliminates the need for eligible voters to fill out a request to vote absentee each time an election is held.

The purpose of this Act is to allow eligible voters to apply for permanent absentee voter status by making a request to the appropriate county clerk.

SECTION 2. Chapter 15, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§15-   Permanent absentee voter status. (a) Any person registered to vote may apply for permanent absentee voter status in person or by mail from the appropriate county clerk not earlier than on the one hundred eightieth day and not later than 4:30 p.m. on the seventh day prior to the election. Any mailed request for absentee voter status shall be mailed by the person directly to the clerk.

(b) The application form for permanent absentee voter status shall be inserted and made available at least twice in a daily or weekly publication of statewide circulation not earlier than one hundred eighty days prior to the primary election and shall be made available on the county's website.

(c) Upon the applicant's request, the application form for permanent absentee voter status shall be delivered and collected by the county clerk. The county clerk shall appoint and swear in a deputy voter registrar for the purpose of delivering and collecting permanent absentee voter applications. The deputy voter registrar shall distribute the application to the applicant, shall collect the application from the applicant, and shall deliver the application to the county clerk on behalf of the applicant. The deputy voter registrar shall follow all rules adopted by the chief election officer.

(d) The application for permanent absentee voter status shall request the following information:

(e) Upon receipt of an application for permanent absentee voter status, the appropriate county clerk, or a designated representative, shall process the application and examine the records to determine whether or not the applicant is a registered voter. If it is determined that the applicant is a registered voter, the county clerk, or a designated representative, shall:

(f) Absentee ballots mailed to and received from voters on the permanent absentee voter list shall be processed and counted in accordance with the requirements of sections 15-9 and 15-10.

(g) The county clerks shall send a copy of the list of all voters who qualify as a permanent absentee voter to each precinct official. Any person receiving an absentee ballot, if otherwise qualified, may choose not to vote absentee, but may vote at the polls instead.

(h) A person whose name appears on the permanent absentee voter list shall remain on the list and shall be mailed an absentee ballot for each election conducted within that precinct. If the voter fails to return an executed absentee voter ballot or vote at the polls for any statewide general election, the voter's name shall be deleted from the permanent absentee voter list.

(i) A person who has been granted permanent absentee status shall be responsible for requesting a replacement ballot before election day in the event that a ballot is spoiled or not received.

(j) A voter's status as a permanent absentee voter shall be immediately terminated if any of the following conditions apply:

(k) If a voter's permanent absentee voter status is terminated, the voter shall be responsible for reapplying for the privilege and shall be responsible for meeting all applicable deadlines for absentee voting as provided in this chapter.

(l) Any voted absentee ballot in the custody of the clerk, other than those that have been returned spoiled, shall be considered cast and may not be recast for any reason.

(m) The chief election officer, in consultation with the county clerks shall adopt rules pursuant to chapter 91 for the purposes of this section."

SECTION 3. Section 15-11, Hawaii Revised Statutes, is amended to read as follows:

"§15-11 Voting by absentee voter at polls prohibited. Any person having voted an absentee ballot pursuant to this [section] chapter shall not be entitled to cast a ballot at the polls on election day. An absentee voter who does cast a ballot at the polls shall be guilty of an election offense under section 19-3(5)."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2006-2007, for the purposes of implementing and administering the permanent absentee voter program.

SECTION 5. The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2007; provided that sections 4 and 5 shall take effect on July 1, 2006.