HB1821.DOC

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

"§15- Military-overseas voters; registration to vote; application for military-overseas ballot; transmission of unvoted ballots. (a) The voting procedures in this section shall apply to:

(1) A general, special, or primary election for federal office;

(2) A general, special, or primary election for statewide or state legislative office or state ballot measure; and

(3) A general, special, recall, primary, or runoff election for county government office or county ballot measure conducted under section 11-91.5 for which absentee voting or voting by mail is available for other voters.

(b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received not later than thirty days prior to the election pursuant to section 11-16. If the declaration is received after that date, it shall be treated as an application to register to vote for subsequent elections.

(c) An application for a military-overseas ballot for a primary election, whether or not timely, shall be effective as an application for a military-overseas ballot for the general election. An application for a military-overseas ballot shall be effective for a runoff election necessary to conclude the election for which the application was submitted.

(d) For any election described in subsection (a) for which this State has not received a waiver pursuant to section 579 of the Military and Overseas Voter Empowerment Act, 42 United States Code section 1973ff-1(g)(2), not later than forty-five days before the election or, if the forty-fifth day before the election is a weekend or holiday, not later than the business day preceding the forty-fifth day, the election official in each jurisdiction charged with preparing and distributing ballots and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.

(e) A covered voter may apply for registration and an absentee ballot by electronic transmission, if otherwise qualified to apply for and vote by absentee ballot. A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter's jurisdiction, internet delivery. The election official in each jurisdiction charged with distributing ballots and balloting materials shall transmit a ballot and balloting materials to the voter using the means of transmission chosen by the voter.

(f) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing ballots and balloting materials shall transmit a ballot and balloting materials to the voter not later than two business days after the application arrives.

(g) A covered voter may use a federal write-in absentee ballot, in accordance with the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 United States Code section 1973ff, to vote for all offices and ballot measures in an election described in subsection (a).

(h) If an international, national, state, or local emergency or other situation arises that makes substantial compliance with this section impossible or impracticable, as confirmed by:

(1) The existence of armed conflict involving the United States armed forces or the mobilization of the armed forces, including the state national guard and reserve component members of this State;

(2) The occurrence of a natural disaster or the existence of a state of emergency, civil unrest, war, or other exigency in a foreign country; or

(3) An official declaration by the governor that a state of emergency exists,

the governor directly, or by delegation to the chief election officer, may prescribe, by emergency order or rule, a special procedure or requirement necessary to facilitate absentee voting by those covered voters directly affected who are eligible to vote in this State. The chief election officer shall take reasonable steps to provide covered voters with timely notice of any special procedure or requirement prescribed under this subsection.

(i) As used in this section, unless the context otherwise requires:

"Covered voter" means:

(1) A uniformed-service voter or an overseas voter who is registered to vote in this State;

(2) A uniformed-service voter defined in paragraph (1) of that definition whose voting residence is in this State and who otherwise satisfies this State's voter eligibility requirements;

(3) An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements;

(4) An overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements; or

(5) An overseas voter who was born outside the United States, is not described in paragraph (3) or (4), and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements, if:

(A) The last place where a parent or legal guardian of the voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this State; and

(B) The voter has not previously registered to vote in any other state.

"Dependent" means an individual recognized as a dependent by a uniformed service.

"Federal write-in absentee ballot" means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 United States Code section 1973ff-2.

"Military-overseas ballot" means:

(1) A federal write-in absentee ballot;

(2) A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

(3) A ballot cast by a covered voter in accordance with this section.

"Overseas voter" means a United States citizen who is outside the United States.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"Uniformed-service voter" means an individual who is qualified to vote and is:

(1) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;

(2) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;

(3) A member on activated status of the National Guard or state militia; or

(4) A spouse or dependent of a member referred to in this definition.

"United States", used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States."

SECTION 2. Section 15-3.5, Hawaii Revised Statutes, is repealed.

["~~[§15-3.5] Federal write-in absentee ballot.~~ 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."]

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval and shall apply to the 2012 election year.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1821
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII