SB861.DOC

PART I

SECTION 1. The legislature finds that the citizens of the State of Hawaii do not have a constitutional right to vote. The constitution allows a citizen to vote if that person is a "voter registered as provided by law". In Hawaii and all other states, and on the federal level, voting is a privilege granted to citizens at the discretion of government through the enactment of laws.

The legislature believes that citizens have an inherent right to vote as part of their responsibility as citizens of the State, and that this right should not be hindered without just cause. The right to vote is necessary to effectuate the rule of one person, one vote, and to enable citizens to govern through a representative form of government. The legislature, therefore, believes that a statutory right to vote should be established, that barriers to the exercise of this right should be removed, and that government should encourage citizens to exercise this right.

The purpose of this part is to:

(1) Establish a statutory right to vote for the citizens of the State of Hawaii;

(2) Require high schools to provide students with voter registration forms prior to graduation;

(3) Require colleges and universities to provide voter registration forms to students during course registration;

(4) Require the provision of online requests for absentee ballots; and

(5) Require additional locations for early voting if funding is available.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§11‑ Citizens' right to vote. All persons residing in Hawaii who are United States citizens and eighteen years of age or older shall have the right to vote in any primary, general, or special election held in the State. No state agency or political subdivision shall deny such a citizen the right to vote; provided that laws may be enacted and administrative rules may be adopted to be narrowly tailored to produce efficient and honest elections."

SECTION 3. Section 11-15.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-15.5[]] Duties of all state agencies; voter registration. (a) Each state agency that deals with the public shall make available to each member of the public eighteen years of age or older an application in the form of an affidavit for voter registration pursuant to section 11-15. The application shall be available by mail or in person depending on the manner in which the agency's services are requested by the person. The form of the application may be identical to that described and found in public telephone directories.

(b) Every high school in the State shall provide voter registration forms to its students who are qualified to register prior to graduation. All colleges and universities in the State shall provide voter registration forms to their students who are qualified to register during course registration."

SECTION 4. Section 15-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person registered to vote may request an absentee ballot in person, online, or in writing from the clerk not earlier than on the sixtieth day and not later than 4:30 p.m. on the seventh day prior to the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.

The request shall include information such as the person's social security number, date of birth, and the address under which the person is registered to vote. The request shall also include the address to which the person wishes the requested ballot forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary; provided the person so indicates in the person's request.

Subsequent to the closing of registration for each election, the clerk may mail a request form for an absentee ballot to each voter in a remote area who has not already made such a request. The request form shall be accompanied by:

(1) A stamped, self-addressed envelope; and

(2) Instructions regarding the manner of completing and returning the request form."

SECTION 5. Section 15-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Absentee polling places shall be established at the office of the respective clerks, and [~~may~~] shall be established at [~~such~~] other sites as may be designated by the clerk under the provisions prescribed in the rules adopted by the chief election officer[.] and as funds permit. Section 11-21 relating to changes and transfers of registration shall apply to the absentee polling place as though it were the precinct at which a person's name properly appears on the list of registered voters."

PART II

SECTION 6. The legislature finds that in 2008, the nomination process for elective office ended in chaos and controversy. When a last minute candidacy in the Honolulu mayoral campaign was announced, it resulted in an available city council seat. In the race to file nomination papers for the city council seat, a state representative seat was made available just before the filing deadline. News accounts told of people obtaining nomination papers for the state representative seat within thirty minutes of the filing deadline. Candidates scrambled to find signatures for nomination papers and the elections office was in such upheaval that state Democratic party leaders intervened to persuade officials to allow candidates to collect signatures and file nomination papers as the filing deadline was imminent. The State's chief election officer later invalidated the candidacy for the city council seat that was one of the major causes of the confusion. After that candidacy was invalidated, the city clerk felt compelled to seek the advice and counsel of the city ethics commission to improve procedures and ensure that the clerk's office remains in compliance with the applicable laws and standards of conduct.

On September 24, 2008, in response to the controversy resulting from this confusing and chaotic nomination period, the Honolulu city council adopted a resolution urging the legislature to require that nomination papers for elective office be obtained at least twenty-four hours prior to the filing deadline.

The purpose of this part is to establish a statutory deadline by which a person seeking candidacy for elective office shall obtain nomination papers in order to ensure that elections proceed in a fair and orderly fashion.

SECTION 7. Section 12-2.5, Hawaii Revised Statutes, is amended to read as follows:

"§12-2.5 Nomination papers; when available. (a) Nomination papers shall be made available from the first working day of February in every even-numbered year; provided that in the case of a special primary or special election, nomination papers shall be made available at least ten days prior to the close of filing.

(b) Nomination papers shall not be made available in the twenty-four hour period that precedes the close of filing for any elective office; provided that if the close of filing deadline falls on a Monday, no nomination papers shall be made available after the Friday that immediately precedes the Monday filing deadline."

PART III

SECTION 8. Section 11-115, Hawaii Revised Statutes, is amended to read as follows:

"§11-115 Arrangement of names on the ballot. (a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order [~~except:~~]; provided that:

(1) Prior to each election cycle, the chief election officer shall select a letter of the alphabet by lot; and

(2) For primary, general, and special elections during each election cycle, candidates whose last names begin with the letter selected pursuant to paragraph (1) shall be placed first upon the ballot and the names of other candidates shall follow in alphabetical order, beginning with the letter that follows the letter selected by lot.

(b) In addition to the requirement of subsection (a), arrangement of candidate names on a ballot shall be:

(1) As provided in section 11-118;

(2) [~~For~~] Subject to the limitations of the voting system in use; and

(3) [~~For~~] In the case of the candidates for vice president and lieutenant governor in the general election [~~whose~~], the names of those candidates shall be placed immediately below the name of the candidate for president or governor of the same political party.

[~~(b)~~] (c) In elections using the paper ballot or electronic voting systems where the names of the candidates are printed and the voter records the voter's vote on the face of the ballot, the following format shall be used: A horizontal line shall be ruled between each candidate's name and the next name, except between the names of presidential and vice presidential candidates and candidates for governor and lieutenant governor of the same political party in the general election. In such case the horizontal line shall follow the name of the candidates for vice president and lieutenant governor of the same political party, thereby grouping the candidates for president and vice president and governor and lieutenant governor of the same political party within the same pair of horizontal lines.

[~~(c)~~] (d) Immediately to the left of (before) or to the right of (after) the candidate name or names, according to the requirements of the voting system, two vertical lines shall be ruled, so that in conjunction with the horizontal lines, a box shall be formed to the left of or to the right of the name and its equivalent, if any.

[~~(d)~~] (e) In case of the candidates for president and vice president and governor and lieutenant governor of the same political party, only one box shall be formed opposite their set of names. The boxes shall be of sufficient size to give ample room in which to designate the choice of the voter in the manner prescribed for the voting system in use. All of the names upon a ballot shall be placed at a uniform distance from the left edge and close thereto, and shall be of uniform size and print subject to section 11-119."

SECTION 9. The chief election officer is directed to establish procedures to implement the purpose of this part, which shall apply to the first full two year election cycle next following the effective date of this part.

PART IV

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	861
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII