SB1079

SECTION 1. In 2002 and 2004, Hawaii had the lowest voter turnout in the nation. In 2006, voter turnout in Hawaii plummeted to a new low of fifty-three per cent of registered voters, which equals only thirty-nine per cent of eligible voters. To reverse the alarming trend of voter apathy in Hawaii, it is critical that voter-friendly initiatives be explored and implemented in preparation for the 2008 election season.

One voter-friendly initiative that has been enacted in other states is permanent absentee voter status. For example, in California, eligible voters are able to submit a request for permanent absentee voter status with county election officials. These individuals then receive an absentee ballot in the mail each time there is an election in their precinct. This method of voting simplifies the absentee voting process as it eliminates the need for eligible voters to fill out a request to vote absentee each time an election is held.

The purpose of this Act is to allow eligible voters to apply for permanent absentee voter status by making a request to the appropriate county clerk.

SECTION 2. Section 15-11, Hawaii Revised Statutes, is amended to read as follows:

"§15-11 Voting by absentee voter at polls prohibited. Any person having voted an absentee ballot pursuant to this [~~section~~] chapter shall not be entitled to cast a ballot at the polls on election day. An absentee voter who does cast a ballot at the polls shall be guilty of an election offense under section 19-3(5)."

SECTION 3. Section 15-4, Hawaii Revised Statutes, is amended to read as follows:

"§15-4 Request for absentee ballot. (a) Any person registered to vote may request an absentee ballot in person or in writing from the clerk not earlier than on the sixtieth day and not later than 4:30 p.m. on the seventh day prior to the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.

The request shall include information such as the person's social security number, date of birth, and the address under which the person is registered to vote. The request shall also include the address to which the person wishes the requested ballot forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary; provided the person so indicates in the person's request.

Subsequent to the closing of registration for each election, the clerk may mail a request form for an absentee ballot to each voter in a remote area who has not already made such a request. The request form shall be accompanied by:

(1) A stamped, self-addressed envelope; and

(2) Instructions regarding the manner of completing and returning the request form.

(b) Notwithstanding subsection (a), the clerk shall mail an absentee ballot for each primary, special primary, special, general, and special general election to each registered voter who resides in the county of Kalawao. The chief election officer may adopt rules to carry out this subsection.

(c) When a registered voter requests an absentee ballot, the request may include an additional request to receive absentee ballots permanently. From that point on, the voter shall continue to be mailed absentee ballots for each election conducted in that precinct. The voter may cancel their permanent absentee voter status by notifying the clerk in writing.

(d) The chief election officer shall make the option of permanently receiving absentee ballots known and provide any necessary form to request the permanent absentee ballot option to any registered voter requesting an absentee ballot."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, for the purpose of implementing and administering the permanent absentee voter program.

The sum appropriated shall be expended by the office of election for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2008;

provided that section 4 shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1079
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII