HB1136

SECTION 1. The legislature finds that absentee voting continues to be convenience desired by many Hawaii voters. The legislature also finds that in 2004 and 2006 in the city and county of Honolulu, sixty per cent of absentee mail voters were repeat absentee mail voters. The legislature also finds that in the State of California, roughly fifteen per cent of all registered voters opt for permanent absentee voter status.

The purpose of this Act is to authorize a permanent absentee voter list for Hawaii voters.

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

"§15- Application for permanent absentee voter status; application in person or by notarized mail request. (a) Any registered voter may apply for permanent absentee voter status by (presenting oneself to the clerk) and submitting an application to the clerk pursuant to this section, or by submitting a notarized application if application is by mail. If a registered voter is granted permanent absentee voter status pursuant to this section, the voter shall not be required to submit a separate request for each election, but shall receive an absentee ballot for each election in which the voter is eligible to vote.

(b) The application for permanent absentee voter status shall include voter information required in section 15-4. The application shall contain an attestation by the applicant that the applicant desires to vote by absentee mail ballot only.

(c) A permanent absentee voter shall be responsible for reapplying to update any changes that occur to personal information, including changes to the voter's forwarding address.

§15- Permanent absentee voters prohibited from voting at the polls. A voter who has been granted permanent absentee voter status pursuant to this section shall be permitted to vote at the polling place for any reason. Permanent absentee voters shall be responsible for requesting a replacement ballot prior to election day if the requested absentee ballot is spoiled or not received.

§15- Termination of permanent absentee voter status. (a) A voter's permanent absentee voter status shall be terminated if any of the following conditions apply:

(1) The voter requests in writing that such status be terminated;

(2) The voter dies, loses voting rights, registers to vote in another jurisdiction, or is otherwise disqualified from voting;

(3) The voter's absentee ballot, voter notification postcard, or any other election mail is returned to the clerk as undeliverable for any reason; or

(4) The voter does not return a voter ballot by 6:00 p.m. election day in both the primary and general election of an election year.

(b) If a voter's permanent absentee voter status has been terminated, the voter shall be responsible for reapplying for permanent absentee status. A voter whose permanent absentee privileges have been terminated shall be responsible for meeting all applicable deadlines for requesting an absentee ballot as provided in this chapter.

§15- Return of voted mail ballots. Any absentee ballot in the custody of the clerk, other than those that have been returned as spoiled or voluntarily surrendered, shall be considered cast and may not recast for any reason."

SECTION 2. The chief election officer shall adopt rules pursuant to chapter 91 to implement permanent absentee voting.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000, or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to implement permanent absentee voting.

The sums appropriated shall be expended by the office of elections for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2008; provided that section 3 shall take effect on July 1, 2007;

provided further that the appropriation provided in section 3 is
released on or before January 1, 2008.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1136
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII