HOUSE OF REPRESENTATIVES	H.B. NO.	27
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 11-137, Hawaii Revised Statutes, is amended to read as follows:

     "§11-137  Secrecy; removal or exhibition of ballot.  No person shall look at or ask to see the contents of the ballot or the choice of party or nonpartisan ballot of any voter, except as provided in [section] sections 11-139 and 11-132, nor shall any person within the polling place attempt to influence a voter in regard to whom the voter shall vote for.  When a voter is in the voting booth for the purpose of voting, no other person, except as provided in [section] sections 11-139 and 11-132, shall be allowed to enter the booth or to be in a position from which the person can observe how the voter votes.

     No person shall take a ballot out of the polling place except as provided in sections 11-135 and 11-139.  After voting the voter shall leave the voting booth and deliver the voter's ballot to the precinct official in charge of the ballot boxes.  The precinct official shall make certain that the precinct official has received the correct ballot and no other and then shall deposit the ballot into the ballot box.  No person shall look at or ask to see the contents of the unvoted ballots.  If any person having received a ballot leaves the polling place without first delivering the ballot to the precinct official as provided above[, or wilfully exhibits the person's ballot or the person's unvoted ballots in a special primary or primary election], except as provided in [section] sections 11-139 and 11-132, [after the ballot has been marked,] the person shall forfeit the person's right to vote, and the chairperson of the precinct officials shall cause a record to be made of the proceeding."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Elections; Ballot Secrecy

Description:

Repeals the prohibition against willfully exhibiting one's own ballot.

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