STAND. COM. REP. NO. 513

Honolulu, Hawaii

RE:    S.B. No. 855

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 855 entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require an affidavit on an application for voter registration to be included as part of the application for driver's licenses and civil identification cards;

     (2)  Prevent the processing of an application for a driver's license or civil identification card unless the voter affidavit is complete or declined; and

     (3)  Provide that the submission of a voter registration application either to register to vote or update the voter's registration information constitutes a request for permanent absentee voter status unless the applicant specifically indicates the applicant does not wish to be a permanent absentee voter.

     Your Committee received testimony in support of this measure from the Office of Elections; Office of Hawaiian Affairs; Office of the County Clerk, County of Kaua‘i; Office of the County Clerk, County of Maui; Common Cause Hawaii; Americans for Democratic Action Hawaii; League of Women Voters of Hawaii; Kupuna Caucus of the Democratic Party of Hawaii; Ko‘olaupoko Hawaiian Civic Club; and twenty-five individuals.  Your Committee received comments on this measure from the Department of Transportation.

     Your Committee finds that automatic voter registration, also known as "motor voter", provides eligible voters an opportunity to register to vote when applying for or renewing a driver's license unless the eligible voter affirmatively declines to be registered.  Proponents believe that automatic voter registration assists in removing barriers to registration for eligible voters, which is the first step to voter participation.  Voter registration through a routine and necessary transaction, such as driver's licensing or renewal, increases voter registration efficiency and effectiveness and voter turnout.  Hawaii has one of the lowest voter registration rolls and participation rates in the country.  This measure will assist in increasing voter registration by providing the option for individuals when applying for or renewing driver's licenses and state identification cards to register to vote.

     Your Committee notes that S.B. No. 206, Regular Session of 2017, as amended, contains substantially similar language as this measure except for the language that requires submission of a voter registration application to constitute a request for permanent absentee voter status unless the applicant affirmatively declines permanent absentee voter status.  Your Committee further notes the comments submitted by the Department of Transportation that all sections of this measure should take effect on January 1, 2018, to reflect the effective date of section 2 of Act 167, Session Laws of Hawaii 2016, and provide a uniform transition to the new application form.  Finally, your Committee notes the concerns submitted by Common Cause Hawaii that individuals may inadvertently register to vote without fully understanding that the submission of a voter registration application automatically requests permanent absentee voter status.  Your Committee believes that all of these issues merit further discussion as this measure moves through the legislative process.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language that requires an affidavit on an application for voter registration to be included as part of the application for driver's licenses and civil identification cards and prevents the processing of an application for a driver's license or civil identification card unless the voter affidavit is complete or declined;

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 855, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 855, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

________________________________

GILBERT S.C. KEITH-AGARAN, Chair