SB1289

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding three new sections to part VIIA to be appropriately designated and to read as follows:

"§11- Ballot handling and storage; watchers. Watchers appointed pursuant to section 11-77 shall be permitted to be present to observe the handling of ballots in every case where ballots are handled for the purpose of being placed in or removed from storage.

§11- Audits of electronic vote tabulation; watchers. Watchers appointed pursuant to section 11-77 shall be permitted to be present to observe all audits of electronic vote tabulation.

§11- Transportation of ballots; watchers. Watchers appointed pursuant to section 11-77 shall be permitted to be present in every vehicle used to transport ballots while ballots are in the vehicle, where practicable; provided that this section shall not apply to vehicles operated by the United States Post Office for the purpose of delivering or transporting mail."

SECTION 2. Section 11-77, Hawaii Revised Statutes, is amended to read as follows:

"§11-77 Appointment of watchers; scope; service. (a) Each qualified political party shall be entitled to appoint [no] more than one watcher who may be present [at] during any of the following election functions:

(1) Testing of electronic voting systems before and after elections;

(2) Mailing of ballots to voters;

(3) Review of returned ballots;

(4) Resolution of requests for replacement of defective ballots;

(5) Sending electronic ballots to voters and processing returned electronic ballots;

(6) Signature verification;

(7) Counting and certification of ballots;

(8) Audit of vote tabulation;

(9) Handling, transporting, and storing paper ballots;

(10) Recounts; and

(11) At any time at a voter service center[.], counting center, mailing center, place of deposit, and vehicle used for transporting ballot materials, as practicable.

Each party shall submit its list of watchers no later than 4:30 p.m. on the twentieth day before any election to the clerk. [~~All watchers shall serve without expense to the county.~~] All watchers so appointed shall be registered voters.

(b) A media organization shall be entitled to appoint more than one media representative as a watcher who may be present during any of the election functions in which a watcher appointed by a political party pursuant to subsection (a) may be present. Each media organization shall submit its list of watchers no later than 4:30 p.m. on the twentieth day before any election to the clerk. All watchers so appointed shall be registered voters.

[~~(b)~~] (c) Each watcher shall be provided with identification from the clerk stating the watcher's name and the name of the party or media organization the watcher represents.

[~~(c)~~] (d) The watcher shall call the attention of the clerk to any violations of the election laws that the watcher observes. After the clerk's attention is called to the violation, the clerk shall make an attempt to correct the violation. If the clerk fails to correct the violation, the watcher may appeal to the chief election officer."

SECTION 3. Section 11-102, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-102[]] Procedures for conducting elections by mail. (a) Ballot packages for elections by mail shall include:

(1) An official ballot;

(2) A return identification envelope with postage prepaid;

(3) A secrecy envelope or secrecy sleeve; and

(4) Instructions.

(b) To the extent practicable, the clerk shall mail a ballot package by non-forwardable mail to each registered voter in the county so as to enable voters to receive the ballot package approximately eighteen days before the election. The clerk shall continue mailing ballot packages to voters who update their voter registration address no later than fourteen days before the date of the election. In determining the initial mailing date of the ballot packages, the clerk shall consider the mailing place of origin and the most recent postal service delivery standards. The clerk shall not mail a ballot package to any voter in the county register who is identified as having an outdated or non-deliverable mailing address. Nothing in this part shall be construed to change the responsibilities of the clerk or chief election officer under chapter 15D with respect to uniform military and overseas voters.

(c) The clerks shall determine and provide for voter service centers and places of deposit pursuant to this part and section 11-92.1.

(d) In every case where ballots or ballot packages are handled by the clerk or other election officials or election employees in preparation for mailing to voters, watchers appointed pursuant to section 11-77 shall be permitted to be present."

SECTION 4. Section 11-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon receipt of a completed replacement ballot application form, the clerk shall:

(1) Verify the registration of the voter and ensure that another ballot has not been returned by the voter;

(2) Record that the voter has requested a replacement ballot;

(3) Mark the return identification envelope as containing a replacement ballot; and

(4) Issue the replacement ballot package by mail or make the ballot package available for pick-up by the voter[.];

provided that watchers appointed pursuant to section 11-77 shall be permitted to be present."

SECTION 5. Section 11-107, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If a ballot package is not received by a voter by the fifth day before the date of the election or a voter otherwise requires a replacement ballot within five days of an election, the voter may request that a ballot be forwarded by electronic transmission; provided that a voter with special needs may request that a ballot be forwarded by electronic transmission at any time. Upon receipt of such a request and confirmation that proper application was made, the clerk may transmit the appropriate ballot[,] together with a form containing the affirmations, information, and a waiver of the right to secrecy under section 11-137[.]; provided that watchers appointed pursuant to section 11-77 shall be permitted to be present."

SECTION 6. Section 11-108, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) Any ballot the validity of which cannot be established upon receipt shall be retained by the clerk and shall not be commingled with ballots for which validity has been established until the validity of the ballot in question can be verified by the clerk. No ballot shall be included in an initial tabulation until the clerk has determined its validity. The clerk shall make reasonable efforts to determine the validity of ballots within seven days following an election day. Watchers appointed pursuant to section 11-77 shall be permitted to be present during all procedures intended to determine the validity of ballots, including the verification of signatures.

(d) Any initial recount provided by law shall include only ballots verified for the purpose of the initial tabulation. In no event shall a recount of an initial tabulation include ballots the validity of which could not be verified by 6:00 a.m. on the day following an election day. Watchers appointed pursuant to section 11-77 shall be permitted to be present during all recounts."

SECTION 7. Section 11-109, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Voter service centers shall be open from the tenth business day preceding the day of the election during regular business hours until the time provided in section 11-131 on the date of the election and at the same times statewide. Watchers appointed pursuant to section 11-77 shall be permitted to be present at voter service centers whenever the voter service center is open and ballots are being handled or processed."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1289
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII