Report Title:

Absentee Voting Violations; Elections Commission

Description:

Authorizes elections commission to investigate absentee voter violations and request the attorney general or appropriate county prosecutor to prosecute violations of absentee voter law.

HOUSE OF REPRESENTATIVES	H.B. NO.	1773
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to elections.

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

     SECTION 1.  Section 11-7.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-7.5[]]  Duties of the elections commission.  The duties of the elections commission are to:

     (1)  Hold public hearings;

     (2)  Investigate and hold hearings for receiving evidence of any violations and complaints[;], including absentee voting violations;

(3) Request the attorney general or the appropriate county prosecuting attorney to bring an action to prosecute violations of chapter 15 on behalf of the State, county, or individual;

    [(3)] (4)  Adopt rules pursuant to chapter 91;

    [(4)] (5)  Employ, without regard to chapter 76, a full-time chief election officer, pursuant to section 11-1.6; and

    [(5)] (6)  Advise the chief election officer on matters relating to elections."

     SECTION 2.  Section 15-6, Hawaii Revised Statutes, is amended to read as follows:

     "§15-6  Return envelope, ballot envelope; instructions.  The clerk shall provide the absentee voter with the ballots, ballot envelopes, and a return envelope which shall contain a statement to be subscribed to by the voter which affirms [the fact] that [the]:

(1) The voter is the person voting[,];

(2) The voter was not within two hundred feet of a telephone; campaign posters, signs, or other campaign material intended to solicit votes for or against a candidate or position on a question; or any candidate on the absentee ballot or a member of the candidate's family or campaign staff; and

(3) The voter was alone when voting, except as allowed pursuant to section 11-132.

The statement shall include the instruction that the voter's ballot will be valid only if the affirmation statement is signed[,] and any other information prescribed by the rules [promulgated] adopted by the chief election officer."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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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