Establishes an election by mail voting system for state, federal, and county primary, special primary, general, and special elections; creates procedure and process for this method of voting. Makes appropriation. (SD1)

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to enable the office of elections to establish voting by mail for federal, state, county primary, general, and special elections, and to require that all elections be conducted by mail from the date of the 20____ primary election.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   . Voting by Mail

§11-   Elections eligible to be conducted by mail. (a) All elections, federal, state, and county primary, special primary, general, special general, and special elections shall be conducted by mail as follows:

(b) Notwithstanding subsection (a) requiring all elections to be conducted by mail, voting at places of deposit shall be allowed using ballots and ballot boxes that may be necessary and convenient to voters to increase voter participation in the election as provided in this part.

§11-   Procedures for conducting elections by mail; exceptions. (a) Ballot packages that shall include the ballot, a return identification envelope, a secrecy envelope, and instructions shall be mailed to each voter at the voter's address not sooner than    days and no later than    days before the date of the election.

(b) Notwithstanding the dates of mailing in subsection (a), ballot packages shall be mailed: to voters who live in places that do not receive daily mail service from the United States Postal Service sooner, but not later than, the date in subsection (a) before the date of the election, such mailings to be made to enable the voter to vote by mail or in person on or before the date of the election; to voters who request an absentee ballot, such mailing to be made in accordance with chapter 15 and the rules promulgated thereunder; and to new voters who register on the date after the last date of the mailing provided in subsection (a), such mailing to be made to enable the voter to vote on or before the date of the election.

(c) Notwithstanding subsections (a) and (b), ballot packages may be delivered to or made available to voters who are unable to receive ballot packages by mail and who request a ballot package be delivered or made available for pick-up by the voter. The delivery and availability shall be made in such manner and using such method as will ensure confidentiality as provided in section 11-14.5. The receipt of the ballot package shall be made to the voter to enable the voter to vote on or before the date of the election.

§11-   Public notice of mailing. Public notice of the date that ballot packages are mailed, delivered, and made available shall be given by the chief election officer and all county election offices when all ballot packages have been mailed, delivered, and made available to voters.

§11-   Undeliverable ballot packages. Ballot packages that are mailed or delivered shall not be forwardable or delivered beyond the address of the voter as shown in the register established and maintained by the clerks pursuant to part II. A ballot package that is mailed or delivered and determined to be undeliverable by mail or other means to the voter at the address shown in the register that is established and maintained by the clerks pursuant to part II, because of the death of the voter, refusal of any person living at that address, or because the voter moved and is no longer residing at that address shall be returned to the clerk who initiated the mailing and as to a voter that has moved, the clerk shall mail, deliver or make available the ballot package to the voter after the clerk has determined or has been provided the new address of the voter.

§11-   Requirements for voting by mail; returning the envelope. (a) Upon receipt of the ballot package, the voter shall comply with the instructions included in the ballot package. The instructions shall include directions on marking the ballot, inserting the marked ballot in the secrecy envelope, inserting the secrecy envelope with the ballot in the return identification envelope, and signing of the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope with the marked ballot.

(b) The instructions shall include information on election fraud and voter fraud as defined in section 19-3(5) and 19-3.5 and that violation of either section may subject the voter, upon conviction, to imprisonment, fine, or both.

(c) Voters shall return the identification envelope containing the secrecy envelope with the marked ballot by mail or by delivery to a place of deposit that is designated by the clerk so that the return identification envelope is received at the office of the clerk or the place of deposit not later than the time stated in section 11-131 on the date of the election.

§11-   Replacement ballots. (a) A voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the clerk. Replacement ballots shall be provided to a voter who completes and signs a replacement ballot request form. The form of the replacement ballot request shall include information that allows the clerk to verify the registration of the voter and ensure that another ballot has not been returned by the voter.

(b) Upon receipt of the replacement ballot request form, the clerk shall verify the registration of the voter and that another ballot has not been returned by the voter, note on the registration of votes that the voter has requested a replacement ballot, mark the return identification envelope as a replacement ballot, and issue the ballot package containing the replacement ballot by mail, by delivery or by making the ballot package available for pick up by the voter requesting the replacement ballot.

(c) Voters requesting a replacement ballot shall return the identification envelope containing the secrecy envelope with the marked replacement ballot by mail or by delivery to a place of deposit that is designated by the clerk so that the return identification envelope is received at the office of clerk or the place of deposit not later than the time stated in section 11-131 on the date of the election.

§11-   Counting of mail-in ballots. A mail-in ballot shall be counted only if it is returned in the return identification envelope, the return identification envelope is signed by the voter to whom the ballot is mailed or delivered, the signature on the return identification envelope is verified by the clerk with the signature of the voter shown on the registry of voters, and the return identification envelope is received at the office of the clerk or at the place of deposit not later than the time stated in section 11-131 on the date of the election.

§11-   Preparation for counting ballots delivered by mail. Return identification envelopes shall be examined and signatures verified with the signatures of the registered voter upon receipt of the return identification envelopes. Not sooner than the    day before the date of the election, the secrecy envelope shall be opened in the preparation of the counting of the ballots on the date of the election, provided that counting of the mail-in ballots shall not commence sooner than      o'clock of the date of the election."

SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read as follows:

""Place of deposit" means a polling place located within a representative district designated by the clerk for the purpose of voting and receiving return identification envelopes as provided in part   ."

2. By amending the definition of "voting system" to read as follows:

""Voting system", the use of paper ballots, electronic ballot cards, voting machines, mail-in ballots, or any system by which votes are cast and counted."

SECTION 4. Section 11-4, Hawaii Revised Statutes, is amended to read as follows:

"§11-4 Rules and regulations. The chief election officer may make, amend, and repeal such rules and regulations governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar matters relating thereto as in the chief election officer's judgment shall be necessary to carry out this title.

In making, amending, and repealing rules and regulations for voters who cannot vote at the polls in person or receive or return ballots by mail, and all other voters, the chief election officer shall provide for voting by such persons in such manner as to insure secrecy of the ballot and to preclude tampering with the ballots of these voters and other election frauds. Such rules and regulations, when adopted in conformity with chapter 91 and upon approval by the governor, shall have the force and effect of law."

SECTION 5. Section 11-92.1, Hawaii Revised Statutes, is amended as follows:

1. By amending the title to read as follows:

"§11-92.1 Election proclamation; [establishment of a new precinct.] consolidation of precincts."

2. By amending subsection (a) to read as follows:

"(a) The chief election officer shall issue a proclamation [whenever a new precinct is established in any representative district.] listing all polling places as places of deposit within representative districts for voters of that representative district to vote or deposit return identification envelopes containing secrecy envelopes with marked ballots. The chief election officer or the county clerk in a county election shall provide a suitable polling place for each precinct[.] or for one or more precincts within a representative district as the chief election officer or county clerk determines to be necessary and convenient for voters of that representative district to vote or deposit return identification envelopes containing the secrecy envelope with the marked ballot. Schools, recreational halls, park facilities, and other publicly owned or controlled buildings, whenever possible and convenient, shall be used as polling places. The chief election officer shall make arrangements for the rental or erection of suitable shelter for this purpose whenever public buildings are not available and shall cause these polling places to be equipped with the necessary facilities for lighting, ventilation, and equipment needed for elections on any island. This proclamation may be issued jointly with the proclamation required in section 11-91."

SECTION 6. Section 11-136, Hawaii Revised Statutes, is amended to read as follows:

"§11-136 Poll book, identification, voting. [Every person] A voter upon applying to vote at a place of deposit shall sign the person's name in the poll book prepared for that purpose. This requirement may be waived by the chairperson of the precinct officials if for reasons of illiteracy or blindness or other physical disability the voter is unable to write. Every person shall provide identification if so requested by a precinct official. A poll book shall not contain the social security number of any person.

After signing the poll book and receiving the voter's ballot, the voter shall proceed to the voting booth to vote according to the voting system in use in the [voter's precinct.] place of deposit of that representative district. The precinct official may, and upon request shall, explain to the voter the mode of voting."

SECTION 7. Section 11-91.5, Hawaii Revised Statutes, is repealed.

["[§11-91.5] Federal, state, and county elections by mail. (a) Any federal, state, or county election held other than on the date of a regularly scheduled primary or general election may be conducted by mail.

(b) The chief election officer shall determine whether a federal or state election, other than a regularly scheduled primary or general election, may be conducted by mail or at polling places.

(c) The county clerk shall determine whether a county election, held other than on the date of a regularly scheduled primary or general election, may be conducted by mail or at polling places. An election by mail in the county shall be under the supervision of the county clerk.

(d) The chief election officer shall adopt rules pursuant to chapter 91 to provide for uniformity in the conduct of federal, state, and county elections by mail."]

SECTION 8. Section 11-92.3, Hawaii Revised Statutes, is repealed.

["§11-92.3 Consolidated precincts; natural disasters; postponement; absentee voting required; special elections. (a) In the event of a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring prior to an election, that makes a precinct inaccessible, the chief election officer or county clerk in the case of county elections may consolidate precincts within a representative district. If the extent of damage caused by any natural disaster is such that the ability of voters, in any precinct, district, or county, to exercise their right to vote is substantially impaired, the chief election officer or county clerk in the case of county elections may require the registered voters of the affected precinct to vote by absentee ballot pursuant to section 15-2.5 and may postpone the conducting of an election in the affected precinct for no more than twenty-one days; provided that any such postponement shall not affect the conduct of the election, tabulation, or distribution of results for those precincts, districts, or counties not designated for postponement. The chief election officer or county clerk in the case of county elections shall give notice of the consolidation, postponement, or requirement to vote by absentee ballot, in the affected county or precinct prior to the opening of the precinct polling place by whatever possible news or broadcast media are available. Precinct officials and workers affected by any consolidation shall not forfeit their pay.

(b) In the event the chief election officer or the county clerk in a county election determines that the number of candidates or issues on the ballot in a special, special primary, or special general election does not require the full number of established precincts, the precincts may be consolidated for the purposes of the special, special primary, or special general election into a small number of special, special primary, or special general election precincts.

A special, special primary, or special general election precinct shall be considered the same as an established precinct for all purposes, including precinct official requirements provided in section 11-71. Not later than 4:30 p.m. on the tenth day prior to the special, special primary, or special general election, the chief election officer or the county clerk shall give public notice, in the area in which the special, special primary, or special general election is to be held, of the special, special primary, or special general election precincts and their polling places. Notices of the consolidation also shall be posted on election day at the established precinct polling places, giving the location of the special, special primary, or special general election precinct polling place."]

SECTION 9. 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 2005-2006, for the purpose of implementing and administering the election by mail voting system by the office of elections.

SECTION 10. The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2005.