THE SENATE	S.B. NO.	3052
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

proposing an amendment to article ii, section 2 of the hawaii state constitution.

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

SECTION 1. The legislature finds that disenfranchisement of persons following criminal convictions undermines democratic ideals by depriving otherwise-qualified citizens of their right to vote. Nationally, disenfranchisement based on criminal conviction has a disproportionate effect on communities of color, which often experience a higher incarceration rate than white communities. In Hawaii, this loss of voting power is a burden borne most greatly by members of the Native Hawaiian community, who are and have historically been disproportionately incarcerated.

This loss of rights does more than disproportionately disenfranchise minorities and undermine the principles of democracy. According to the American Correctional Association, the loss of the right to vote impedes "the successful reentry of offenders as responsible, productive citizens into the community". Voting can be an opportunity for inmates to learn about candidates and issues, engage in civic education, and prepare for reintegration into society. Allowing incarcerated persons to vote by absentee ballot will benefit the State by helping inmates remain aware of issues that are important to society so that they may participate more fully in their communities upon release.

Denying the right to vote to an entire class of citizens, especially where that class is disproportionately composed of Native Hawaiians, is deeply problematic to our islands' democratic ideals, and counterproductive to the rehabilitation and effective reentry of our incarcerated population. Voting rights ensure full citizenship and a tool for easing reentry to the community after being detained. Maintaining ties to one's community through civic participation is one way to help people get engaged with the community.

In 2010, the United States Court of Appeals held in Farrakhan v. Gregoire, 623 F.3d 990 (9th Cir. 2010) that Washington State felony inmates are entitled to vote under section 2 of the Voting Rights Act of 1965. The court held that current restrictions, which strip convicted felons of the right to vote while incarcerated or under Department of Corrections supervision, unfairly discriminate against minorities.

The Hawaii State Constitution disqualifies a person convicted of a felony from being qualified to vote except upon the person's final discharge or earlier as provided by law. Accordingly, pursuant to the state constitution, section 831-2, Hawaii Revised Statutes, disqualifies a person from voting in an election if the person is sentenced for a felony, from the time of the person's sentence until the person's final discharge. However, if the person is placed on probation or is paroled after commitment to imprisonment, the person may vote during the period of the probation or parole. Accordingly, under the state constitution and state law, a person convicted of a felony and currently serving a term of imprisonment is disqualified from voting.

Accordingly, the purpose of this Act is to propose an amendment to article II, section 2, of the Constitution of the State of Hawaii to allow individuals who are Hawaii residents and convicted of a felony to vote in Hawaii elections at any time after conviction rather than upon the individual's final discharge.

SECTION 2. Article II, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"Section 2. No person who is non compos mentis shall be qualified to vote. [No person convicted of a felony shall be qualified to vote except upon the person's final discharge or earlier as provided by law.]"

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall any person who is a resident of the State and convicted of a felony be qualified to vote at any time after conviction rather than upon the person's final discharge?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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Report Title:

Voting Rights; Incarcerated Individuals; Constitutional Amendment

Description:

Proposes a constitutional amendment to allow incarcerated individuals who are Hawaii residents and convicted of a felony to vote in Hawaii elections at any time after conviction rather than after final discharge.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.