HB1320.DOC

SECTION 1. In California Democratic Party v. Jones, 530 U.S. 567 (2000), the United States Supreme Court ruled that a political party has a right, guaranteed by the First Amendment of the United States Constitution, to limit participation in its primary elections to persons who are members of that political party. At present, the State of Hawaii lacks statutory provisions that would enable a political party to exercise this First Amendment right.

SECTION 2. Chapter 12, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

"§12-A Political parties' option to limit participation in primary election to party members; notification to chief election officer or county clerk. (a) Subject to the requirements of subsection (b), a political party that is a qualified political party pursuant to sections 11-61 through 11‑65 may, but need not, limit participation in its primary elections to members of its own party. The determination, if made, shall be made by the governing body of the political party pursuant to its governing documents. A political party shall be the sole judge of whether the determination conforms to the requirements of its governing documents.

(b) A political party that chooses to limit participation in its primary elections to members of its own party shall notify the chief election officer as to state and congressional elections and the county clerk in the case of partisan county primary elections. The notification shall be in writing signed by the chairperson of the political party and shall be received by the chief election officer, or clerk in case of county offices, not less than ninety days before the scheduled date of the primary election. A political party may make a determination as to all of the offices that are subject to the primary election in a given election cycle, but it may not make a determination as to fewer than all of the offices. A political party may withdraw a determination as to future primary elections, but it may not withdraw a determination as to a primary election once it has been made. The determination shall be deemed continuing from one election cycle to the next unless it is formally withdrawn by the party. The withdrawal shall not take effect for a primary election unless it is made at least ninety days prior to that primary election.

§12-B Submission of lists of party members to chief election officer or county clerk. A political party that has made a determination pursuant to section 12-A shall, on or before the sixtieth day before the affected primary election, submit to the chief election officer, or clerk in case of county offices, a list of all registered voters who are enrolled members of that political party who are in good standing with the party. The list shall state the name of each voter, the voter's address, and shall identify the state house district and precinct in which the voter resides. The membership list shall provide a space on the line for each member that shall be marked by a precinct official to indicate that the member has voted. The list shall be as accurate and up-to-date as the party can reasonably make it. The party may, but need not, submit to the chief election officer, or clerk in case of county offices, an exclusion list of any persons who have been expelled from the party or have otherwise been disqualified by the party from participation in party activities. The party shall submit to the chief election officer, or clerk in case of county offices, an updated list of enrolled members for each succeeding primary election not less than sixty days before the primary election.

§12-C Voter participation in party primary; enrollment at time of primary election. (a) A party that has designated its primary election as being limited to its enrolled members shall provide the chief election officer, or clerk in case of county offices, with its standard-form party enrollment cards in sufficient quantity to allow all registered voters who wish to do so to enroll as party members on primary election day or simultaneously with early voting.

(b) A registered voter whose name is included on the list of members submitted by the party to the chief election officer, or clerk in case of county offices, shall be entitled to receive and cast that party's ballot for the primary election. A precinct officer shall mark the membership list in the appropriate space to indicate that the member has taken a ballot of that political party for the primary election. The voter may decline to take the ballot and may vote in the primary election of any other party, if the voter is qualified, or the voter may vote in the independent primary election.

(c) Except for persons who are listed on the exclusion list of a party, a registered voter whose name is not included on the list of members submitted by the party to the chief election officer, or clerk in case of county offices, shall be entitled to receive and cast a ballot for the party's primary election if the voter completes and signs the standard form party enrollment card. No party may impose a fee or require a monetary donation for enrollment.

(d) Any voter whose name is not listed on the party membership list of a party that has exercised the option provided for in section 12-A, and any voter who refuses to complete a party membership enrollment card, shall not take or cast a ballot for that political party in the primary election.

(e) The poll-watchers duly designated by a political party pursuant to section 11-77 shall have the authority and timely opportunity to review party enrollment cards that voters fill out pursuant to subsection (c) to ensure that they are properly completed prior to the voter being given that party's ballot for the primary election. If any disagreement between a poll‑watcher and a voter relating to the completion of a party enrollment card cannot be immediately resolved, the voter shall be entitled to cast a provisional ballot for that party, and the provisional ballot shall be treated in the same manner as is provided by law generally for provisional ballots.

§12-D Privacy interests of political parties and voters in membership information and documents. The respective political parties that submit their membership lists to the chief election officer, or clerk in case of county offices, for use in primary elections, and their respective members, have and retain a significant privacy interest in the information contained in the documents within the meaning of section 92F-14. The membership lists and enrollment cards completed by voters pursuant to section 12-C shall remain the property of the respective political parties. The chief election officer, or clerk in the case of a county office, and the department of the attorney general may copy the membership lists or portions thereof solely for the limited purposes set out in section 12-C. Completed enrollment cards may not be copied, except with respect to the resolution of disputes relating to provisional ballots.

§12-E Return of party membership documents to party. As soon as practical after a primary election in which a party has designated its primary election to be limited to party members, and in any event not more than ten days after the election, the chief election officer, or clerk in case of county offices, shall return to the party all party membership lists and copies thereof, all party enrollment cards that have been completed by voters pursuant to section 12-C, as well as unused enrollment cards."

SECTION 3. Section 12-31, Hawaii Revised Statutes, is amended to read as follows:

"§12-31 Selection of party ballot; voting. [No] Except as otherwise provided in this chapter, no person eligible to vote in any primary or special primary election shall be required to state a party preference or nonpartisanship as a condition of voting[~~. Each~~], and each voter shall be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot. A voter shall be entitled to vote only for candidates of one party or only for nonpartisan candidates. If the primary or special primary ballot is marked contrary to this paragraph, the ballot shall not be counted.

In any primary or special primary election in the year 1979 and thereafter, a voter shall be entitled, subject to the provisions of this chapter, to select and to vote the ballot of any one party or nonpartisan, regardless of which ballot the voter voted in any preceding primary or special primary election."

SECTION 4. The chief election officer shall take all actions necessary and proper to ensure that the provisions of this Act shall be implemented in the 2012 election cycle.

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

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1320
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII