Report Title:
Convicted Felons; Right to Vote
Description:
Allows convicted felons voting rights in elections.
THE SENATE |
S.B. NO. |
5 |
TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever the clerk receives from the department of health or any informing agency, information of the death, [loss of voting rights of a person sentenced for a felony as provided in section 831-2,] adjudication as an incapacitated person under the provisions of chapter 560, loss of citizenship, or any other disqualification to vote, of any person registered to vote in that county, or who the clerk has reason to believe may be registered to vote therein, the clerk shall thereupon make such investigation as may be necessary to prove or disprove the information, giving the person concerned, if available, notice and an opportunity to be heard. If after the investigation the clerk finds that the person is dead, or incapacitated to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning voting, [or has lost voting rights pursuant to section 831-2,] or has lost citizenship, or is disqualified for any other reason to vote, the clerk shall remove the name of the person from the register."
SECTION 2. Section 831-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A person sentenced for a felony, from the time of the person's sentence until the person's final discharge, may not[:
(1) Vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or the defendant is paroled after commitment to imprisonment, the defendant may vote during the period of the suspension or parole; or
(2) Become] become a candidate for or hold public office."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon the ratification by the voters of a constitutional amendment in the 2004 general election that extends voting rights to convicted felons.
INTRODUCED BY: |
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