THE SENATE	S.B. NO.	423
THIRTY-FIRST LEGISLATURE, 2021
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 11-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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] at least eighteen days before the election. The clerk shall continue mailing ballot packages to voters who update their voter registration address no later than [fourteen] seven 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 The clerk shall not mail a ballot package to any voter in the county register who is identified as having an outdated or non-deliverable mailing address.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."

SECTION 2. Section 11-108, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Ballot processing for tabulation may begin no sooner than the [tenth] eighteenth day before the election. In the presence of official observers, counting center employees may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after 7:00 p.m. on the date of the election or after the last person in line at a voter service center desiring to vote at 7:00 p.m. on the date of the election has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be conducted in accordance with procedures established by the chief election officer."

SECTION 3. Section 11-109, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-109[]] Voter service centers; places of deposit. (a) Voter service centers shall be established [at the office of the clerk, and may be established at additional locations within a county as may be designated by a clerk] by the clerks to service the particular needs of [a] each county's voters.

(b) [Voter service centers] In each county, a voter service center 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. The clerks may operate additional voter services centers with varying days or hours of operations to service the voters of particular areas that otherwise could not support the operation of a voter service center for ten business days or the same times statewide. Any voter standing in line at a voter service center at the closing time provided in section 11-131 on the date of the election and having the intent of voting shall be allowed to vote. A person eligible to vote but who is not registered to vote and is standing in line at a voter service center at the closing time provided in section 11-131 on the date of the election shall be permitted to apply under section 11-15.2 to register to vote and subsequently vote that election day. To the extent the registration clerk determines the applicant to be registered at that time, the applicant will be permitted to vote a regular ballot. If additional time is required to process the application, the applicant will be provided a provisional ballot.

(c) Each voter service center shall provide the services specified in section 11-1 under the definition of "voter service center".

(d) The clerks may designate and provide for places of deposit to be open [five business days before the election until] not earlier than the initial day that ballots are mailed pursuant to section 11-102 to not later than 7:00 p.m. on the day of the election; provided that the locations and apparatus for receiving voted ballots can be securely maintained during the period of use for each election, and as may be permitted by the operational hours."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

Office of Elections Package; Elections; Voter Service Centers

Description:

Amends or clarifies certain statutory deadlines relating to elections by mail, including the date to which the clerk must continue mailing ballot packages to voters who update their voter registration address and the date on which ballots may begin to be tabulated. Authorizes a county clerk to operate additional voter service centers with varying days or hours of operation. Provides that voters standing in line at a voter service center at the time the voter service center closes may vote or register to vote, if eligible. Authorizes a county clerk to open places for ballot deposit not earlier than the initial day that ballots are mailed.

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