SB619 SD2.DOC

SECTION 1. Section 11-13, Hawaii Revised Statutes, is amended to read as follows:

"§11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse. The following rules shall determine residency for election purposes only:

(1) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is absent, the person has the intention to return;

(2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person's permanent dwelling place within [~~such~~] the precinct;

(3) If a person resides with the person's family in one place, and does business in another, the former is the person's place of residence; but any person having a family, who establishes the person's dwelling place other than with the person's family, with the intention of remaining there shall be considered a resident where the person has established [~~such~~] the dwelling place;

(4) The mere intention to acquire a new residence without physical presence at [~~such~~] the place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish [~~such~~] the place as the person's residence;

(5) A person does not gain or lose a residence solely by reason of the person's presence or absence while employed in the service of the United States or of this State, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in a prison[;], jail, correctional facility, or community correctional facility within or outside of the State of Hawaii;

(6) No member of the armed forces of the United States, the member's spouse or the member's dependent is a resident of this State solely by reason of being stationed in the State; and

(7) A person loses the person's residence in this State if the person votes in an election held in another state by absentee ballot or in person.

In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter."

SECTION 2. Section 11-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit.

The affidavit shall contain the following information:

(1) Name;

(2) Social security number;

(3) Date of birth;

(4) Residence, including mailing address;

(5) That the residence stated in the affidavit is not simply because of the person's presence in the State but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein;

(6) That the person is a citizen[.]; and

(7) Address or location of last voluntary residence for a person held or incarcerated in a prison, jail, correctional center, or community correctional center."

SECTION 3. Section 15-2, Hawaii Revised Statutes, is amended to read as follows:

"§15-2 Who may vote by absentee ballot. (a) Any person registered to vote may cast an absentee ballot in the manner provided in this chapter and rules adopted by the chief election officer.

(b) Absentee ballot shall be the sole method of voting for all persons registered to vote as residents of the State of Hawaii who are confined in a prison, jail, correctional center, or community correctional center."

SECTION 4. Section 15-5, Hawaii Revised Statutes, is amended to read as follows:

"§15-5 Delivery of ballots. (a) Immediately upon receipt of a request within the time limit specified in section 15-4, the clerk shall examine the records to ascertain whether or not the voter is lawfully entitled to vote as requested. As soon as the printed official ballots are available, the clerk shall mail in a forwarding envelope or deliver in person if the voter appears at the office of the clerk, an official ballot and other materials prescribed in section 15-6 except that an incapacitated voter may send a representative to obtain the voter's ballots pursuant to the rules [~~promulgated~~] adopted by the chief election officer. All requests received upon the last day specified in section 15-4 for receipt shall be mailed to the voter requesting the same as soon as reasonably practicable, but in no event later than twenty-four hours after receipt thereof.

(b) The chief election officer may adopt rules for the preparation of special ballots of such different weight of paper, overall size and shape, or other physical criteria as shall be prescribed by the secretary of state or other federal or state officer to conform with minimum postal, military, correctional, or other federal or state regulations, rules, or orders regarding the transportation and delivery of the ballots; provided that the text is identical in substance, except as to type size, with that appearing on the official ballots.

[~~(b)~~] (c) If mailed absentee ballots are not received by the voter within five days of an election, the voter may request that absentee ballots be forwarded by facsimile. Upon receipt of [~~such~~] a request and confirmation that proper application was made, the clerk may transmit appropriate ballots by facsimile together with a form requiring the affirmations and information required by section 15-6, and a form containing a waiver of the right to secrecy, as provided by section 11-137. The voter may return the voted ballots and executed forms by facsimile or mail; provided that they are received by the issuing clerk no later than the close of polls on election day. Upon receipt, the clerk shall verify compliance with the requirements of section 15-9(c), and prepare the ballots for counting pursuant to section 15-10."

SECTION 5. Section 831-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A person sentenced for a felony, from the time of the person's sentence until the person's final discharge, may not:

(1) Vote in an election, but [if]:

(A) If the [~~defendant~~] person is placed on probation or the [~~defendant~~] person is paroled after commitment to imprisonment, the [~~defendant~~] person may vote during the period of the probation or parole; or

(B) If the person is committed to imprisonment, the person may vote by absentee ballot while imprisoned, during a period commencing two years prior to the person's scheduled final discharge from imprisonment; or

(2) Become a candidate for or hold public office."

SECTION 6. Section 831-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If the sentence was in this State, the order, certificate, or other instrument of discharge, given to a person sentenced for a felony upon the person's discharge after completion of service of the person's sentence or after service under probation or parole, shall state that the [~~defendant's rights to vote and to hold any future public office,~~] rights of which the defendant was deprived by this chapter[,] are thereby restored and that the defendant suffers no other disability by virtue of the defendant's conviction and sentence except as otherwise provided by this chapter. A copy of the order or other instrument of discharge shall be filed with the clerk of the court of conviction."

SECTION 7. Statutory material to be repealed is bracketed

and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	619
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII