Report Title:

Voter Registration; Same-Day Registration

Description:

Allows same-day voter registration; reduces the closing date for voter registration from thirty days to fifteen days.

THE SENATE

S.B. NO.

975

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to voting.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the citizens of the State of Hawaii do not have an absolute constitutional right to vote. The constitution allows a citizen to vote if that person is a "voter registered as provided by law." In Hawaii and all other states, voting is a privilege granted to citizens, at the discretion of government, through the enactment of laws.

The legislature further finds that citizens have an inherent right to vote as part of their responsibility as citizens of the State and this right should not be hindered without just cause. The right to vote is necessary to effectuate the rule of one person, one vote and to enable citizens to govern through the representative form of government. The legislature, therefore, believes that barriers to the exercise of this right should be removed and that government should encourage citizens to exercise this right. One of these barriers is the thirty-day voter registration requirement. Moreover, voter-friendly initiatives such as same-day voter registration must be implemented.

Same-day voter registration has been adopted in at least six states, including Idaho, Maine, Minnesota, New Hampshire, Wisconsin, and Wyoming. Same-day voter registration permits eligible voters to register on primary and general elections day and vote. Data analyzing same-day voter registration programs have made the following findings:

(1) The six states with same-day voter registration procedures have the highest voter turnout rates in the nation. Aggregate turnout figures in 1996 and 2000 were sixty per cent and sixty-six per cent respectively for these six states compared to a voter turnout rate of forty-three per cent in states without same-day voter registration programs.

(2) In Minnesota, which consistently leads the nation in voter turnout, seventy-two per cent of adults voted in the 2004 presidential election. Maine and Wisconsin, which also has same-day voter registration programs, finished second and third respectively in voter turnout.

(3) A 2000 survey among non-voters ranked same-day voter registration as the most popular voter reform measure that would make non-voters more likely to turn out and vote.

The purpose of this Act is to allow same-day voter registration on the date of an election and change the voter registration cut off date to fifteen days prior to an election.

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

"§11-   Same-day voter registration. (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the voter maintains a residency by completing a voter registration application, making an oath on the form prescribed by the chief election officer, and providing proof of residency. An individual may prove residency for purposes of registration by:

(1) Presenting a valid Hawaii driver's license or state identification card; or

(2) Presenting any documentation approved by the chief election officer as proper identification.

(b) No precinct official shall receive the vote of any individual who is not registered pursuant to subsection (a).

(c) The chief election officer or a designee appointed by the chief election officer shall keep a record of the number of individuals who attempted to register on election day, but who were unable to provide proof of residency as required by subsection (a). This record shall be included with the election returns for that precinct.

(d) The chief election officer shall establish rules and procedures pursuant to chapter 91, in carrying out the purposes of this section."

SECTION 3. Section 11-24, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) At 4:30 p.m. on the [thirtieth] fifteenth day prior to each primary, special primary, or special election (but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter), the general county register shall be closed to registration for persons seeking to vote at the primary, special primary or special election and remain closed to registration until after the election, subject to change only as provided in sections 11-21(c), 11-22, 11-25, 11-26, and this section.

(b) Notwithstanding the closing of the register for registration to vote at the primary or special primary election, the register shall remain open for the registration of persons seeking to vote at the general or special general election, until 4:30 p.m. on the [thirtieth] fifteenth day prior to the general or special general election (but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter), at the end of which period the general county register shall be closed to registration and remain closed until after the general or special general election next following, subject to change only as provided in sections 11-21(c), 11-22, 11-25, and 11-26."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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