THE SENATE	S.B. NO.	217
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ARRANGEMENT OF CANDIDATE NAMES ON BALLOTS.

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

SECTION 1. The legislature finds that numerous studies have shown that the election candidate who is listed first on a ballot has an advantage. See, Daniel E. Ho & Kosuke Imai, Estimating Causal Effects of Ballot Order From a Randomized Natural Experiment, The California Alphabet Lottery, 1978-2002, 72 Pub. Op. Q. 216 (2008); Laura Miller, Election by Lottery: Ballot Order, Equal Protection, and the Irrational Voter, 13 N.Y.U. J. Legis. & Pub. Pol'y 373 (2010). The legislature also finds that several states, such as California and Ohio, arrange the candidates' names to be random across ballots so that each possible order permutation appears an equal number of times. This allows each candidate to be represented fairly and equally on the ballots.

Currently, on the Hawaii ballot candidates for a specific office are listed in alphabetical order starting with the letter "A" and the ballots are identical across precincts for that office.

The purpose of this Act is to require the randomization of names of candidates listed on individual ballots, thereby making the advantage of being the first candidate listed on a ballot a random event.

SECTION 2. Section 11-115, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The names of the candidates shall be placed upon the ballot for their respective offices in [alphabetical] random order except:

(1) As provided in section 11-118;

(2) [For the limitations of the voting system in use; and] Where there is an existing contract regarding ballots with a vendor who is unable to implement the random ballot requirement; provided that the chief election officer shall not enter into or extend any contract regarding ballots with a vendor who is unable to implement the random ballot requirement;

(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."

SECTION 3. The chief election officer is directed to establish procedures to implement the purpose of this Act, which shall apply to the election cycle beginning on January 1, 2022.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2021.

Report Title:

Elections; Ballot; Arrangement of Names

Description:

Requires candidate names to be randomized on individual ballots. (SD1)

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