HB2185 HD1.DOC

SECTION 1. The legislature finds that Congress recently passed amendments to the Uniformed and Overseas Citizens Absentee Voting Act as part of an effort to prevent the disenfrachising of overseas military and civilian voters. The Military and Overseas Voter Empowerment (MOVE) Act, which was signed into law as part of the Defense Authorization Act, mandates, in part, that ballots must be mailed to overseas voters at least 45 days before an election. Hawaii's primary election date falls exactly 45 days prior to our general election date, making it logistically impossible to comply with the MOVE Act because of the time needed to count votes, adjudicate disputed results, and verify results.

The legislature further finds that the MOVE Act also calls for the expanded use of the Federal Write-in Absentee ballot, electronic transmission of voting materials to absentee uniformed service members and overseas citizens, as well as procedures for late registration of uniformed service members and overseas citizens.

Accordingly, the purpose of this Act is to move the primary election date to an earlier date, and to come into compliance with other aspects of the MOVE Act.

SECTION 2. Chapter 15, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§15-A Electronic transmission of elections materials to absent uniformed services voters or overseas voters. Absent uniformed services voters or overseas voters who request to receive ballots and balloting materials by electronic transmission may choose either facsimile transmission, electronic mail delivery, or Internet delivery. The clerk, with the assistance of the chief elections officer, shall transmit ballots and balloting materials to the voter using the electronic means that the voter has chosen.

§15-B Late registration; discharged absent uniformed service voters; overseas citizens. Notwithstanding any other law to the contrary:

(1) An absent uniformed services voter; or

(2) A person who left the United States and is absent from the place of residence where the person is otherwise qualified to vote;

who returns to the state too late to register to vote before the voter registration deadline, may upon notice to the clerk, register to vote in the election.

§15-C Ballot transit time for absent uniformed services voters and overseas voters. In any general, primary, special, or runoff election for federal, state, or local government office, or concerning a ballot measure, the clerk, with the assistance of the chief elections officer, shall transmit ballots and ballot materials to all absent uniformed services voters and overseas voters who have submitted a valid application for an absentee or federal write-in absentee ballot not later than forty-five days before the applicable election. When a ballot application from an absent uniformed services voter or overseas voter arrives after the clerk has begun transmitting ballots and balloting materials to voters, the clerk shall transmit these materials to the voter within two working days of the receipt of the application."

SECTION 3. Section 11-16, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [~~Any~~] Except as provided in sections 15-B and 15-3.5, any qualified person unable for any cause to present oneself in person before the clerk for registration may register to vote by mail, not later than thirty days prior to a primary or general election, through the affidavit on application for voter registration or other form prescribed by the chief election officer. The form shall include a self-subscribing oath for the applicant to swear to the truth of the allegations in the application. An applicant unable to write for reason of illiteracy, blindness, or other physical disability shall have the applicant's mark witnessed by a person who shall sign the affidavit in the space provided. Application forms shall be made available to any qualified person through community groups, political parties, and other groups prescribed by the chief election officer. Application forms shall be made available to any qualified person at the time of that person's driver's license application or renewal through the examiner of drivers."

SECTION 4. Section 11-24, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) At 4:30 p.m. on the thirtieth day prior to each primary, special primary, or special election (but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter), the general county register shall be closed to registration for persons seeking to vote at the primary, special primary or special election and remain closed to registration until after the election, subject to change only as provided in sections 11-21(c), 11-22, 11-25, 11-26, 15-B, and this section.

(b) Notwithstanding the closing of the register for registration to vote at the primary or special primary election, the register shall remain open for the registration of persons seeking to vote at the general or special general election, until 4:30 p.m. on the thirtieth day prior to the general or special general election (but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter), at the end of which period the general county register shall be closed to registration and remain closed until after the general or special general election next following, subject to change only as provided in sections 11-21(c), 11-22, 11-25, [~~and~~] 11-26[.], 15-B, and 15-3.5."

SECTION 5. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:

"§12-2 Primary held when; candidates only those nominated. The primary shall be held at the polling place for each precinct on the second to the last Saturday of [~~September~~] August in every even numbered year; provided that in no case shall any primary election precede a general election by less than [~~forty-five~~] seventy days.

No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary."

SECTION 6. Section 15-1, Hawaii Revised Statutes, is amended by adding the definitions of "absent uniformed services voters" and "overseas voter" to be appropriately inserted and to read as follows:

""Absent uniformed services voter" shall have the same meaning as defined in Title 42 United States Code Section 1973ff-6.

"Overseas voter" shall have the same meaning as defined in Title 42 United States Code Section 1973ff-6."

SECTION 7. Section 15-3.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§15-3.5[]] Federal write-in absentee ballot. (a) Notwithstanding the provisions of this chapter and chapters 11 and 16, [the federal write-in absentee ballot for overseas voters in general elections for federal office which must be prescribed under section 1973ff of title 42, United States Code, as amended, may be used in general elections for federal offices.] absent uniformed services voters and overseas voters may use the federal write-in absentee ballot, in accordance with the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 United States Code Section 19733ff, as may be amended, to vote for all offices in any general, primary, special, or runoff election for federal, state, or local government office, or concerning a ballot measure.

(b) The clerk shall permit absent uniformed services voters and overseas voters to use the federal write-in absentee ballot voter declaration as a request for registration and an application for a military-overseas ballot simultaneous with the submission of the federal write-in absentee ballot, if the request is received by the fifteenth day before the general, primary, special, or runoff election, or the deadline for receipt for voters in the state to apply for an absentee ballot for the applicable election, whichever is later."

SECTION 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on November 3, 2112.

HOUSE OF REPRESENTATIVES	H.B. NO.	2185
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 1
STATE OF HAWAII