SB2335.DOC

SECTION 1. Chapter 15, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . MILITARY AND OVERSEAS CIVILIAN ABSENTEE VOTERS

§15-A Definitions. For the purpose of this part:

"Absent uniformed services voter" means:

(1) A member of a uniformed service who, by reason of such service, is absent from the place of residence where the member is otherwise qualified to vote; or

(2) A spouse or dependent of a member of a uniformed service who, by reason of the service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.

"Covered election" means any general, special, primary, or election for federal, state, or county government office conducted according to election laws of this State.

"Overseas civilian voter" means a United States citizen who is outside the United States and who:

(1) Is qualified to vote in this State;

(2) Would be eligible to vote in this State, if this State was the last place in which the citizen was eligible to vote, or, if the person had been of voting age, would have been eligible to vote, before leaving the United States; or

(3) In the case of a citizen who was born outside the United States and who is not included in paragraph (1) or (2), would be eligible to vote in this State if a resident of this State and if this State was the last place in the United States in which one of the citizen's parents was eligible to vote.

"Uniformed services" means the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marines, National Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

"United States", where used in the territorial sense, means the fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

§15-B Transmission of unvoted ballot. (a) For all covered elections, the official charged with preparing and distributing ballots and election materials in each jurisdiction shall prepare a sufficient number of absentee ballots as soon as possible after receiving information concerning candidates to be voted on at the election, and shall immediately transmit absentee ballots and related balloting materials to all absent uniformed services voters and overseas civilian voters who have applied for an absentee ballot.

(b) No later than forty-five days before an election, each clerk, with the assistance of the chief election officer, as appropriate, shall make available by electronic means, including by facsimile transmission, an unvoted absentee ballot and related balloting materials to any absent uniformed services voter or overseas voter who by that date has submitted a valid absentee ballot application requesting electronic transmission of absentee balloting materials.

(c) An absent uniformed services voter or overseas civilian voter may request to receive an absentee ballot and related balloting materials by electronic mail, or internet delivery, where available. Each clerk, with the assistance of the chief election officer, shall transmit the absentee ballot and related balloting material to the voter using the electronic transmission method requested by the voter.

(d) When an absentee ballot application of an absent uniformed services voter or overseas voter arrives after the jurisdiction has begun transmitting absentee balloting materials to voters, the official charged with distributing ballots and election materials shall transmit the absentee balloting materials to the voter as promptly as possible.

(e) A local election jurisdiction that maintains an internet site shall make available on the internet site downloadable versions of absentee ballots and voting instructions for absent uniformed services voters and overseas voters, as well as the most updated state and county balloting materials.

(f) Notwithstanding any other law, this section shall take effect on July 1, 2012.

§15-C Acceptance of federal write-in absentee ballot. (a) In a covered election, an absent uniformed services voter or an overseas voter may use the Federal Write-In Absentee Ballot approved under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. section 1973ff, if the voter affirms that:

(1) The voter submitted a Federal Post Card Application or other application requesting a federal absentee ballot in time to be received by the later of:

(A) Thirty days prior to the election, or

(B) The last date for other voters in the State to apply for an absentee ballot for the election; and

(2) The voter has not received the requested absentee ballot.

(b) In a covered election, an absent uniformed services voter or an overseas civilian voter may use the Federal Write-In Absentee Ballot transmission envelope's voter declaration as a request for registration and an application for a state absentee ballot simultaneous with the submission of the Federal Write-In Absentee Ballot. The request for registration and application for an absentee ballot shall be accepted if:

(1) It is received by the later of the thirty days prior to the election, or the last day for registering to vote; and

(2) The voter is otherwise eligible to vote in the jurisdiction to which the request is submitted.

§15-D Registration. Notwithstanding any law to the contrary, an absentee uniformed services voter, overseas civilian voter, or household family member who returns to the State after the last day of registering to vote for that year shall be entitled to register and vote in the next covered election under procedures to be established by the chief election officer, in consultation with the county clerks."

SECTION 2. Sections 15-1 to 15-14, Hawaii Revised Statutes, are designated as part I entitled "General Provisions".

SECTION 3. In codifying the new sections added by section 1 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 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2335
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII