Report Title:

Elections; Primary Elections

 

Description:

Effectuates a constitutional amendment, if adopted, to limit a member of a political party to voting in a primary election on a ballot for that person's political party, and no other party.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2866

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to primary and special primary elections.

 

 

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

 

     SECTION 1.  The legislature finds that Hawaii's constitution and election statute have encouraged voter participation in primary elections by allowing voters to select any political party's ballot without declaring a party preference or nonpartisanship as a condition of voting.  While some candidates may have sought votes from members of a different political party, public confidence in this open primary election system continues to be high.

     However, the possibility remains that a political party could improperly affect the outcome of an opposing party's primary election.  A party could do this by encouraging its members to cast votes for the weaker candidate of the opposing party, thus allowing their candidate to face the weaker candidate in the general election.

     The legislature further finds that in order to ensure the integrity of primary elections and prevent misuse of election laws, crossover voting by members of political parties should be prohibited.  Political party members would then be allowed to vote only in their respective party's primary election.

     The purpose of this Act is to prohibit members of a political party from participating in the primary or special primary election of candidates from any other political party; provided that voters who are not members of a political party would continue to:

     (1)  Be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot; and

     (2)  Be entitled to select and to vote the ballot of any one party or nonpartisan.

     SECTION 2.  Section 12-21, Hawaii Revised Statutes, is amended to read as follows:

     "§12-21  Official party ballots.  The primary or special primary ballot shall be clearly designated as such.  The names of the candidates of each party qualifying under section 11-61 or 11-62 and of nonpartisan candidates [may] shall be printed on separate ballots[, or on a single ballot.  The name of each party and the nonpartisan designation shall be distinctly printed and sufficiently separate from each other].  The names of [all] the candidates shall be printed on the [ballot] ballots as provided in section 11-115.  When the names of all candidates of the same party for the same office exceed the maximum number of voting positions on a single side of a ballot card, the excess names may be arranged and listed on both sides of the ballot card and additional ballot cards if necessary.  [When separate ballots for each party are not used, the order in which parties appear on the ballot, including nonpartisan, shall be determined by lot.]

     The chief election officer or the county clerk, in the case of county elections, shall approve printed samples or proofs of the respective party ballots as to uniformity of size, weight, shape, and thickness prior to final printing of the official ballots."

     SECTION 3.  Section 12-31, Hawaii Revised Statutes, is amended to read as follows:

     "§12-31  Selection of party ballot; voting.  [No] (a)  A person eligible to vote in any primary or special primary election shall be required to state a party [preference or nonpartisanship] membership or nonmembership as a condition of voting.  Each voter who is a member of a political party shall be issued the primary or special primary ballot for that party; provided that each voter who is not a member of a party shall be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot.  A voter shall be entitled to vote only for candidates of one party or only for nonpartisan candidates.  If the primary or special primary ballot is marked contrary to this paragraph, the ballot shall not be counted.

     (b)  In any primary or special primary election in the year 1979 and thereafter, a voter shall be entitled to select and to vote the ballot of any one party or nonpartisan, regardless of which ballot the voter voted in any preceding primary or special primary election[.]; provided that the voter is in compliance with subsection (a)."

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

     SECTION 5.  This Act shall take effect upon the ratification of a constitutional amendment to article 2, section 4, of the Constitution of the State of Hawaii, which requires a voter to declare membership or nonmembership in a political party as a condition of voting in any primary or special primary election.

 

INTRODUCED BY:

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