SB2415.DOC

SECTION 1. The legislature finds that it is in the State's interest to increase voting participation. In 2008, Hawaii had the lowest voter turnout rate for general elections in the nation with only 51.8 per cent of registered voters in islands voting in the presidential election. In contrast, Oregon has one of the ten highest voter turnout rates in the nation, with over 85.7 per cent of eligible voters voting in the 2008 general election.

Oregon instituted its vote-by-mail system after it was approved by almost seventy per cent of Oregonians in a 1998 initiative. In the 1996 general election, voter participation in Oregon was 71.3 per cent. In 2000, after vote-by-mail was instituted, the voter turnout was 79.8 percent. Vote-by-mail is credited with improving voter participation in Oregon. Oregon's vote-by-mail system is used for all elections and is popular with voters because it empowers the voter and eliminates many of the problems and costs of other voting systems. In Oregon, ballots are mailed to voters, and the voter is required to return the ballot by mail or by dropping it off at designated sites within a two-week period.

As of 2004, although Oregon was the only state to use a vote-by-mail system for all elections, all states now allow some version of mail-in voting. At least twenty-nine states, including Hawaii, allow no-excuse absentee voting. In the 2008 general election, twenty five per cent of ballots were mail in absentee ballots. The legislature finds that a vote-by-mail system has a number of advantages over traditional polling.

The purpose of this Act is to require the office of elections to develop and implement a vote-by-mail program to be implemented in the 2012 elections.

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

"Part

"§11- Definitions. For purposes of the part, unless the context clearly requires otherwise:

"Affirmation statement" means the statement included with all ballots, including replacement ballots, that the person filling out and returning the ballot is the person to whom the ballot was delivered. It shall be signed by the voter and included in the outer envelope of the returned ballot

"Ballot" means a ballot as defined in section 11-1 that is used in an election by mail and that conforms to the requirements of this chapter.

"Chief election officer" means the individual defined in section 11-1.

"Clerk" shall have the same meaning as defined in section 11-1.

"County" shall have the same meaning as defined in section 11-1.

"Drop site" means any site designated by the chief elections officer as a location where ballots can be delivered as an alternative to mailing them to the county clerk's office.

"Election" shall have the same meaning as defined in section 11-1, and shall include presidential elections.

"Election by mail" means an election conducted primarily by mail-in-ballot.

"Mail-in-ballot" means any ballot used by a voter to vote by mail in any election.

"Polling place" or "poll" means any county clerks office or any drop site.

"Replacement ballot" means a ballot provided to a voter at the voter's request to replace the ballot originally mailed to the voter by the clerk's office.

"Voter" shall have the same meaning as defined in section 11-1.

§11- Elections to be conducted by mail. Beginning July 1, 2011, all elections shall be conducted by mail. Part VIII of chapter 11, relating to ballots, shall apply to this chapter.

§11- Procedures for sending ballots to voters by mail. (a) The clerk shall mail by nonforwardable mail:

(1) An official ballot;

(2) An affirmation statement;

(3) Instructions explaining the proper method of filling out the ballot; the proper way to return it by mail; the proper method for completing the affirmation statement and a notice that the voter's ballot will be valid only if the affirmation statement is signed; all alternatives to the mail-in-ballot including but not limited to drop sites, the county clerk's office, and accommodations for voters with disabilities; the procedure for obtaining a replacement ballot; a contact number for further questions; and any other information prescribed by the rules adopted by the chief election officer.

(4) A ballot envelope;

(5) A prepaid return envelope pre-addressed to the country clerk's office where the voter is registered;

to each registered voter not more than fifteen days before the election and not less than ten days before the election.

(b) If the clerk determines that a voter does not receive daily mail service from the United States Postal Service, the clerk shall mail by forwardable mail to the last known address of the voter:

(1) An official ballot;

(2) An affirmation statement;

(4) A ballot envelope; and

(5) A prepaid return envelope pre-addressed to the country clerk's office where the voter is registered;

not more than fifteen days before the election and not less than ten days before the election.

(c) If the voter requires a ballot be mailed outside of the State of Hawaii, the clerk shall mail by nonforwardable mail:

(1) An official ballot;

(2) An affirmation statement;

(4) A ballot envelope; and

(5) A prepaid return envelope pre-addressed to the country clerk's office where the voter is registered;

sufficiently in advance of the election to allow adequate time for delivery of the ballot and the processing of the returns by the date of the election.

(d) The mailed distribution and return of ballots in an election by mail shall be at no cost to the voter. The State and the counties shall share in the cost of postage associated with the distribution and return of ballots pursuant to sections 11-182, 11-183, and 11-184, if the costs are not covered by the federal government.

§11- Replacement ballots. (a) In an election by mail, a voter may obtain replacement ballots. Replacement ballots and replacement ballot request forms shall be available from the county clerks' offices and at any other location designated by the rules adopted by the chief election officer. To obtain a replacement ballot, the voter shall complete and sign a replacement ballot request form. The request for a replacement ballot may be made by mail, in person, or by other means designated by the chief election officer.

(b) Upon receipt of a request for a replacement ballot, the clerk or a designee appointed by the clerk shall:

(1) Verify the registration of the voter and ensure that another ballot has not been returned by the voter;

(2) Issue a replacement ballot;

(3) Issue a prepaid, preaddressed return envelope clearly marked with "replacement ballot"; and

(4) Make a notation on the list of registered voters that the voter has requested a replacement ballot and has been issued one.

§11- Methods of ballot return. (a) Ballots may be returned to the county clerk's office where the voter is registered or at any drop site in the county where the voter is registered.

(b) All county clerks' offices shall accept ballots by mail, in person, or by other means designated by the chief election officer. County clerks offices shall accept ballots received not later than the end of the acceptance period determined by the chief election officer.

(c) The chief election officer shall designate at least one drop site per voting precinct containing a ballot depository that shall be locked and secured from tampering and any other security measures that the chief election officer shall authorize. Drop sites shall accept ballots delivered in person or by other means designated by the chief election officer at least from 7 a.m. until 6 p.m. on election day and at any other time determined by the chief election officer as an alternative to returning the ballots by mail.

§11- Processing returned ballots. (a) All ballots received at drop sites shall be stored in sealed, tamper-proof containers and transported to the county clerk's office of that precinct.

(b) The county clerks' offices shall determine the validity of all ballots. A ballot is valid if it is:

(1) Received in the prepaid, preaddressed envelope delivered with the ballot;

(2) The envelope is signed by the voter to whom the ballot was issued;

(3) The signature of the voter is verified by the clerk or their designee by comparing it to the signature on the voter's most recent voter registration affidavit; and

(4) The voter is a registered voter who has complied with section 11-15.

(c) Upon receipt of a cast replacement ballot, the clerk or a designated appointee shall verify that a completed and signed replacement ballot request form has been received by the clerk or is included with the voted replacement ballot. If a request form has been completed and signed by the voter and received by the clerk, the clerk or a designated appointee shall process the ballot. If the replacement ballot request form is not completed or signed by the voter or not received by the clerk, the clerk or a designated appointee shall the ballot invalid.

(d) Ballots determined to be valid shall be sorted by the precinct of the voter who cast it and stored in a secure room until election day. Invalid ballots shall be stored in a separate sealed room for further review.

§11- Counting ballots. (a) Ballot counting may begin no sooner than the day of the election. Valid ballots shall be counted in the presence of official observers. Ballot counting shall include the following:

(1) Ballots shall be kept separated by precinct throughout the process.

(2) One group of volunteers or employees shall open the outer, signed envelope;

(3) One group of volunteers or employees shall open the inner envelope, remove the ballots and place unquestionable ballots in sealed, tamperproof boxes. Questionable ballots shall be endorsed with the clerk's name or initials, and the word "questionable". All questionable ballots shall be set aside uncounted and disposed of according to rules and regulations set by the chief election officer. A ballot is questionable if:

(A) A ballot contains any mark or symbol whereby it can be identified, or any mark or symbol contrary to the provisions of law; or

(B) Two or more ballots are found in the envelope;

(4) One group of volunteers or employees shall open the sealed boxes and count them in the manner prescribed by the chief election officer;

(5) To enable random sampling by a manual audit the count shall be tallied every two hundred and fifty ballots. Each consecutive two hundred and fifty ballots together with the tally up to that point shall be stored in separate boxes; and

(6) No individual may participate in more than one group of employees or volunteers.

§11- Rules. The chief election officer may adopt rules as authorized under section 11-4 for purposes of this part."

SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended to read as follows:

1. By amending the definition of "ballot" to read:

""Ballot", a ballot including an absentee ballot is a written or printed, or partly written and partly printed paper or papers containing the names of persons to be voted for, the office to be filled, and the questions or issues to be voted on. A ballot may consist of one or more cards or pieces of paper, or one face of a card or piece of paper, or a portion of the face of a card or piece of paper, depending on the number of offices, candidates to be elected thereto, questions or issues to be voted on, and the voting system in use. [It shall also include the face of the mechanical voting machine when arranged with cardboard or other material within the ballot frames, containing the names of the candidates and questions to be voted on.]"

2. By amending the definition of "voting system" to read:

""Voting system", means the use of paper ballots, [~~electronic ballot cards, voting machines, or any system by which votes are cast and counted.~~] in an election by mail as provided under part ."

3. By adding the definitions of "polling place" and "poll" to read:

""Polling place" and "poll" means any drop site or county clerk's office."

SECTION 4. Section 11-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every person who has reached the age of eighteen years or who is seventeen years of age and will be eighteen years of age by the date of the next election, and is otherwise qualified to register may do so for that election. The person shall then be listed upon the appropriate county general register and precinct list. No person shall register or vote in any other [~~precinct~~] county than that in which the person resides except as provided in section 11-21."

SECTION 5. Section 11-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The clerk, not later than 4:30 p.m. on the sixtieth day after every general election, shall remove the name of any registered voter who did not vote in that general election, and also did not vote in the primary election preceding that general election, and also did not vote in the previous general election, and also did not vote in the primary election preceding that general election, and also did not vote in the regularly scheduled special elections held in conjunction with those primary and general elections, if any, with the exception of:

(1) Those who submitted written requests for absentee ballots as provided in section 15-4; or

(2) Anyone who preregistered pursuant to section 11-12(b).

If a person voted, at least once, in any of the above-mentioned elections, the person's name shall remain on the list of registered voters. For this purpose "vote" means [the depositing of the ballot in the ballot box whether the ballot is blank or later rejected for any reason. In the case of voting machines "vote" means the voter has activated the proper mechanism and fed the vote into the machine.] voting by a mail‑in-ballot as defined in section 11- and duly processed under chapter 11."

SECTION 6. Section 11-21, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) No person shall be prevented from voting at the election in the [~~precinct~~] county in which the person's name appears on the voters list due to a change of name, or other correction made under this section. However, any voter registered in the wrong [~~precinct~~] county who shall refuse to make the correction of registration may be challenged in accordance with section 11-25."

SECTION 7. Section 11-22, Hawaii Revised Statutes, is amended to read as follows:

"§11-22 Changing register; correction of errors. (a) The clerk shall correct the register if at any time it shall be manifest to the clerk that the name of a person registered has been accidentally misspelled, or that the person has been misnamed therein, or that the person has been accidentally registered under the wrong precinct, district, or county, or that the person was accidentally removed pursuant to section 11‑17(a), or that the name of the person should be corrected or restored pursuant to section 11-17(b).

(b) In any case where the clerk refuses to correct the register the person may appeal to the board of registration and the register shall be changed upon a written order of the board of registration, setting forth the reasons for the change. The order shall be directed to the clerk [or to the precinct officials of the election precinct where the voter is entitled to vote if the register has been closed. The precinct officials shall thereupon correct the list of voters furnished them according to the terms of the order, noting on the list the reasons for the correction, and shall send the original order to the clerk as soon as may be possible after the close of the polls]. The clerk, upon receipt of any order from the board of registration [~~or from the precinct officials, as the case may be,~~] shall correct the register according to the terms of the order, making on the register a reference to the order."

SECTION 8. Section 11-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Immediately upon the closing of the general county register, the clerk shall proceed to prepare a list of all registered voters in [~~each precinct, separately.~~] the county. The list shall contain, in alphabetical order, without designation of the race or age of voters, the names of all voters so registered in [~~each precinct,~~] the county, and the precinct and residence of each unless such residence is deemed confidential pursuant to section 11-14.5. The list shall be available for inspection at the office of the county clerk prior to election day. [~~On election day the precinct officials shall post the list at the precinct polling place.~~]"

SECTION 9. Section 11-25, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Challenging on election day. Any voter rightfully in the polling place may challenge the right to vote of any person who comes to the [~~precinct officials~~] polling place for voting purposes. The challenge shall be on the grounds that the voter is not the person the voter alleges to be, or that the voter is not entitled to vote in that [precinct; provided that only in an election of members of the board of trustees of the office of Hawaiian affairs, a person registered to vote in that election may also challenge on the grounds that the voter is not Hawaiian.] county. No other or further challenge shall be allowed. Any person thus challenged shall first be given the opportunity to make the relevant correction pursuant to section 11-21. The challenge shall be considered and decided immediately by the precinct officials or clerk and the ruling shall be announced."

SECTION 10. Section 11-72, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In assigning the precinct officials, the following criteria shall be followed:

(1) The precinct officials shall be registered voters of the precinct in which they serve; but if qualified persons in the precinct or representative district are not readily available to serve, they may be chosen from without the precinct or representative district, or if qualified persons either in or without the precinct or representative district are not available to serve, the chief election officer may designate precinct officials who are not registered voters if the persons so designated are otherwise qualified and shall have attained the age of sixteen years on or before June 30, of the year of the election in which they are appointed to work;

(2) The chief election officer may designate more precinct officials than are needed in order to create a pool of qualified precinct officials who may be assigned to fill vacancies or to perform their duties as needed in any precinct;

(3) No parent, spouse, reciprocal beneficiary, child, or sibling of a candidate shall be eligible to serve as a precinct official in any [~~precinct~~] county in which votes may be cast for the candidate; nor shall any candidate for any elective office be eligible to serve as a precinct official in the same election in which the person is a candidate. No candidate who failed to be nominated in the primary or special primary election shall be eligible to serve as a precinct official in the general election next following; and

(4) The chairperson of the precinct officials shall be the first named precinct official on the list prepared by the chief election officer. The remainder of the precinct officials shall be apportioned as follows:

(A) The total votes cast, except those cast for nonpartisan candidates, for all of the following offices that were on the ballot in the next preceding general election shall be divided into the total votes cast for all the candidates of each party for these offices: president and vice-president, United States senator, United States representative, governor and lieutenant governor, state senator, and state representative;

(B) If a party's proportion of votes cast exceeds fifty per cent, its share shall be one-half of the precinct officials. The remaining one-half shall be divided among the remaining parties in proportion to their respective total of votes cast for the offices set forth in subparagraph (A);

(C) In the case of the above division resulting in parties having fractional positions, a whole position shall go to the party with the larger number of votes cast; and

(D) Newly qualified parties may be assigned up to ten per cent of the total positions available at the discretion of the chief election officer."

SECTION 11. Section 11-76, Hawaii Revised Statutes, is amended to read as follows:

"§11-76 Compensation. [(a) Electronic ballot and voting machine elections. Precinct officials and related election day nonprofit groups or employees shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91.

~~(b)~~] Paper ballot elections. The chairperson of the precinct officials and the precinct officials shall [~~receive the same base amounts as in subsection (a).~~] be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91. In addition, all precinct officials shall be paid $5 for each three hundred ballots or portion thereof cast at that [~~precinct.~~] drop site."

SECTION 12. Section 11-77, Hawaii Revised Statutes, is amended to read as follows:

"§11-77 Appointment of watchers; service. (a) Each qualified political party shall be entitled to appoint [~~no more than~~] one watcher who may be present at any time [in] at each [~~precinct~~] polling place and [~~absentee polling place in which~~] where the candidates of that political party are on the ballot. Each party shall submit its list of watchers not later than 4:30 p.m. on the tenth day prior to any election to the chief election officer or to the clerk in county elections. All watchers shall serve without expense to the State or county. All watchers so appointed shall be registered voters. No person shall serve as a watcher who could not qualify to serve as a precinct official under section [[]11-72(b)(3)[]].

(b) Each watcher shall be provided with identification from the chief election officer, or by the clerk in the case of county elections, stating the watcher's name and the name of the party the watcher represents. On election day the watcher shall present identification to the chairperson of precinct officials of the [~~precinct or precincts~~] polling place where the watcher is to serve.

(c) All watchers for [~~precincts~~] polling places shall be permitted to observe the conduct of the election in the [~~precinct.~~] polling place. The watchers may remain in the [~~precinct~~] polling place as long as the [~~precinct~~] polling place is in operation subject to section 19-6. [~~Watchers may review the polling book pursuant to section 11-97.~~]

(d) The watcher shall call the attention of the chairperson to any violations of the election laws that the watcher observes. After the chairperson's attention is called to the violation the chairperson shall make an attempt to correct such violation. If the chairperson fails to correct the violation, the watcher may appeal to the clerk of the county.

(e) The watchers shall be permitted to observe the operations of the absentee polling place. Any violation of the election laws shall be reported to the clerk."

SECTION 13. Section 11-91.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-91.5[]] Federal, state, and county elections by mail. (a) Any federal, state, or county election [~~held other than on the date of a regularly scheduled primary or general election may~~] shall be conducted by mail[.] pursuant to part .

(b) [~~The chief election officer shall determine whether a federal or state election, other than a regularly scheduled primary or general election, may be conducted by mail or at polling places.~~

~~(c) The county clerk shall determine whether a county election, held other than on the date of a regularly scheduled primary or general election, may be conducted by mail or at polling places.~~] An election by mail in the county shall be under the supervision of the county clerk.

[~~(d)~~] (c) The chief election officer shall adopt rules pursuant to chapter 91 to provide for uniformity in the conduct of federal, state, and county elections by mail."

SECTION 14. Section 11-95, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any voter shall on the day of the election be entitled to be absent from any service or employment in which such voter is then engaged or employed for a period of not more than two hours (excluding any lunch or rest periods) between the time of opening and closing the polls to allow two consecutive hours in which to vote. Such voter shall not because of such absence be liable to any penalty, nor shall there be any rescheduling of normal hours or any deduction made, on account of the absence from any usual salary or wages; provided that the foregoing shall not be applicable to any employee whose hours of employment are such that the employee has a period of two consecutive hours (excluding any lunch or rest periods) between the time of opening and closing the polls when the employee is not working for the employer. If, however, any employee fails to vote after taking time off for that purpose the employer, upon verification of that fact, may make appropriate deductions from the salary or wages of the employee for the period during which the employee is hereunder entitled to be absent from employment. [~~Presentation of a voter's receipt by an employee to the employer shall constitute proof of voting by the employee.~~]"

SECTION 15. Section 11-96, Hawaii Revised Statutes, is amended to read as follows:

"§11-96 Records prima facie evidence. Every record made pursuant to law by a board of registration of voters, the county clerk's office, or the precinct officials, shall be a prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which the same is offered in evidence."

SECTION 16. Section 11-111, Hawaii Revised Statutes, is amended to read as follows:

"§11-111 Official and facsimile ballots. Ballots issued by the chief election officer in state elections and by the clerk in county elections are official ballots. In elections using the paper ballot [~~and electronic voting systems,~~] the chief election officer or clerk in the case of county elections shall have printed informational posters containing facsimile ballots which depict the official ballots to be used in the election. The precinct officials shall post the informational posters containing the facsimiles of the official ballots near the entrance to the polling place where they may be easily seen by the voters prior to voting."

SECTION 17. Section 11-119, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Each [~~precinct~~] clerk's office shall receive a sufficient number of ballots based on the number of registered voters and the expected spoilage in the election concerned. A sufficient number of absentee ballots shall be delivered to each clerk not later than 4:30 p.m. on the fifteenth day prior to the date of any election."

SECTION 18. Section 11-131, Hawaii Revised Statutes, is amended to read as follows:

"§11-131 Hours of voting. The polls shall be opened by the precinct officials at 7:00 a.m. of the election day and shall be kept open continuously until 6:00 p.m. of that day. If, at the closing hour of voting, any voter desiring to vote is standing in line outside the entrance of the polls with the desire of entering and voting, but due to the polling place being overcrowded has been unable to do so, the voter shall be allowed to vote irrespective of the closing hour of voting. No voter shall be permitted to enter or join the line after the prescribed hour for closing the polls. [If all of the registered voters of the precinct have cast their votes prior to the closing time, the polls may be closed earlier but the votes shall not be counted until after closing time unless allowed by the chief election officer.]"

SECTION 19. Section 11-139, Hawaii Revised Statutes, is amended to read as follows:

"§11-139 Voting assistance. (a) Any voter who requires assistance to vote may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or agent of the voter's union, or the voter may receive the assistance of two precinct officials who are not of the same political party, or the voter may receive the assistance of the county clerk. A voter needing assistance may be handed a ballot outside the polling place but within one hundred feet thereof or within the polling place parking lot by the precinct officials or the county clerk and in their presence but in a secret manner, mark and return the same to the precinct officials or county clerk.

(b) The precinct officials or county clerk shall enter in writing in the record book the following:

(1) The voter's name;

(2) The fact that the voter cannot read the names on the ballot, if that is the reason for requiring assistance, and otherwise, the specific physical disability which requires the voter to receive assistance; and

(3) The name or names of the person or persons furnishing the assistance."

SECTION 20. Section 11-152, Hawaii Revised Statutes, is amended to read as follows:

"§11-152 Method of counting. [~~(a)~~] In an election [~~using the paper ballot voting system,~~], immediately after the close of the polls, the chairperson of the precinct officials shall [~~open the ballot box. The precinct officials at the precinct shall proceed to count the votes as follows:~~

~~(1)~~ ~~The whole number of ballots shall first be counted to see if their number corresponds with the number of ballots cast as recorded by the precinct officials;~~

~~(2)~~ ~~If the number of ballots corresponds with the number of persons recorded by the precinct officials as having voted, the precinct officials shall then proceed to count the vote cast for each candidate;~~

~~(3)~~ ~~If there are more ballots or less ballots than the record calls for the precinct officials shall proceed as directed in section 11-153.~~

(b) In those precincts using the electronic voting system, the ballots shall be taken in the sealed ballot boxes to the counting center according to the procedure and schedule promulgated by the chief election officer to promote the security of the ballots. In the presence of official observers, counting center employees may start to count the ballots prior to the closing of the polls provided there shall be no printout by the computer or other disclosure of the number of votes cast for a candidate or on a question prior to the closing of the polls. For the purposes of this section, the closing of the polls is that time identified in section 11-131 as the closing hour of voting.] seal the ballot depositories and transport them to the county clerk's office where they shall be processed according to 11- . Counting shall proceed according to section 11- ."

SECTION 21. Section 11-153, Hawaii Revised Statutes, is amended to read as follows:

"§11-153 More or less ballots than recorded. (a) If there are more ballots than the [~~poll book~~] voting register indicates, this shall be an overage and if less ballots, it shall be an underage. The election officials or counting center employees responsible for the tabulation of ballots shall make a note of this fact on a form to be provided by the chief election officer. The form recording the overage or underage shall be sent directly to the chief election officer or the clerk in county elections separate and apart from the other election records.

[(b) If the electronic voting system is being used in an election, the overage or underage shall be recorded after the tabulation of the ballots. In an election using the paper ballot voting system, the precinct officials shall proceed to count the votes cast for each candidate or on a question after recording the overage or underage.

~~(c)~~] (b) The chief election officer or the clerk shall make a list of all precincts in which an overage or underage occurred and the amount of the overage or underage. This list shall be filed and kept as a public record in the office of the chief election officer or the clerk in county elections and the clerk's office in counties other than the city and county of Honolulu in elections involving state candidates.

An election contest may be brought under part XI, if the overage or underage in any district could affect the outcome of an election."

SECTION 22. Section 11-155, Hawaii Revised Statutes, is amended to read as follows:

"§11-155 Certification of results of election. On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following:

(1) The results of the canvass of ballots conducted pursuant to chapter 16;

(2) The audit of [~~pollbooks (and related~~] voter registration record books[)] and resultant overage and underage report;

(3) The audit results of the manual audit team;

(4) The results of the absentee ballot reconciliation report compiled by the clerks; and

(5) All logs, tally sheets, and other documents generated during the election and in the canvass of the election results.

A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11-156; provided that in the event of an overage or underage, a list of all precincts in which an overage or underage occurred shall be attached to the certificate. The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected. Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day. The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11-156."

SECTION 23. Section 11-172, Hawaii Revised Statutes, is amended to read as follows:

"§11-172 Contests for cause; generally. With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. The complaint shall set forth any cause or causes, such as but not limited to, provable fraud, overages, or underages, that could cause a difference in the election results. [The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the precinct officials or the officials at a counting center in an election using the electronic voting system.] A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections."

SECTION 24. Section 16-1, Hawaii Revised Statutes, is amended to read as follows:

"§16-1 Voting systems authorized. Election-by-mail shall be the only voting system in the State. The chief election officer may adopt, experiment with, or abandon any [~~voting system authorized under this chapter or to be authorized by the legislature. These systems shall include, but not be limited to voting machines, paper ballots, and~~ [electronic voting systems. All voting systems approved by the chief election officer under this chapter are authorized for use in all elections for voting, registering, and counting votes cast at the election.

~~Voting systems of different kinds may, at the discretion of the chief election officer, be adopted for different precincts within the same district.~~] means necessary to optimize results and efficiency of elections and the election-by-mail voting system. The chief election officer may provide for the experimental use at any election, in one or more precincts, of a voting system without a formal adoption thereof and its use at the election shall be as valid for all purposes as if it had been permanently adopted; provided that if a voting machine is used experimentally under this paragraph it need not meet the requirements of section 16-12."

SECTION 25. Section 19-6, Hawaii Revised Statutes, is amended to read as follows:

"§19-6 Misdemeanors. The following persons shall be guilty of a misdemeanor:

(1) Any person who offers any bribe or makes any promise of gain, or with knowledge of the same permits any person to offer any bribe or make any promise of gain for the person's benefit to any voter to induce the voter to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after the signing;

(2) Any person who wilfully tears down or destroys or defaces any election proclamation or any poster or notice or list of voters or visual aids or facsimile ballot, issued or posted by authority of law;

(3) Any person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness, or color to the official ballot so that it could be cast or counted as an official ballot in an election;

(4) Every person who is disorderly or creates a disturbance whereby any meeting of the precinct officials or the board of registration of voters during an election is disturbed or interfered with; or whereby any person who intends to be lawfully present at any meeting or election is prevented from attending; or who causes any disturbance at any election; and every person assisting or aiding or abetting any disturbance;

(5) Every person who, either in person or through another, in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the board of registration of voters, or in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election;

(6) Any person, other than those designated by section 11‑132, who remains or loiters within the area set aside for voting as set forth in section 11-132 during the time appointed for voting;

(7) Any person, including candidates carrying on any campaign activities within the area described in section 11-132 during the period of time starting one hour before the polling place opens and ending when the polling place closes for the purpose of influencing votes. Campaign activities shall include the following:

(A) Any distribution, circulation, carrying, holding, posting, or staking of campaign cards, pamphlets, posters and other literature;

(B) The use of public address systems and other public communication media;

(D) The use of entertainment troupes or the free distribution of goods and services;

(8) Any person who opens a return envelope containing an absentee ballot voted under chapter 15 other than those authorized to do so under chapter 15;

(9) Any person who opens a return envelope containing a ballot or replacement ballot other than those authorized to do so under chapter 11;

[~~(9)~~] (10) Any unauthorized person found in possession of any voting machine or keys thereof; and

[~~(10)~~] (11) Every person who wilfully violates or fails to obey any of the provisions of law, punishment for which is not otherwise in this chapter specially provided for."

SECTION 26. Section 11-18, Hawaii Revised Statutes, is repealed.

["~~§11-18 Transfer of registration on removal from one precinct to another in same county.~~ A registered voter who changes residence from one precinct to another prior to any election shall notify the clerk and change the registration to the proper precinct by the appropriate registration deadline; provided that no change of registration shall be allowed if the change of residence occurs after the close of registration for an election except pursuant to section 11-21(c). The change of registration due to a change of residence may be challenged as provided in section 11-25."]

SECTION 27. Section 11-93, Hawaii Revised Statutes, is repealed.

["~~§11-93 Voting units.~~ Immediately after the close of registration of voters preceding any election, the chief election officer shall establish one or more voting units in each precinct polling place. All voting units shall be in the same precinct polling place. In a precinct having more than one voting unit the chief election officer or the officer's authorized representative shall designate each unit by a uniform identification system. The clerk in preparing the list of registered voters shall divide the list, on an alphabetical basis, as equal as possible between or among the voting units."]

SECTION 28. Section 11-120, Hawaii Revised Statutes, is repealed.

["~~§11-120 Distribution of ballots; record.~~ The chief election officer or the county clerk in county elections shall forward the official ballots, specimen ballots, and other materials to the precinct officials of the various precincts. They shall be delivered and kept in a secure fashion in accordance with rules and regulations promulgated by the chief election officer. In no case shall they arrive later than the opening of the polls on election day.

~~A record of the number of ballots sent to each precinct shall be kept by the chief election officer or the clerk.~~"]

SECTION 29. Section 11-136, Hawaii Revised Statutes, is repealed.

["~~§11-136 Poll book, identification, voting.~~ Every person upon applying to vote shall sign the person's name in the poll book prepared for that purpose. This requirement may be waived by the chairperson of the precinct officials if for reasons of illiteracy or blindness or other physical disability the voter is unable to write. Every person shall provide identification if so requested by a precinct official. A poll book shall not contain the social security number of any person.

After signing the poll book and receiving the voter's ballot, the voter shall proceed to the voting booth to vote according to the voting system in use in the voter's precinct. The precinct official may, and upon request shall, explain to the voter the mode of voting."]

SECTION 30. Chapter 16, part III, Hawaii Revised Statutes, is repealed.

SECTION 31. Chapter 16, part IV, Hawaii Revised Statutes, is repealed.

SECTION 32. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 33. This Act shall take effect upon its approval and shall apply to elections held after January 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2415
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII