SB81

SECTION 1. Section 11-15.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-15.5[]] Duties of all state agencies; voter registration. (a) Each state agency that deals with the public shall make available to each member of the public eighteen years of age or older an application in the form of an affidavit for voter registration pursuant to section 11-15. The application shall be available by mail, online, or in person depending on the manner in which the agency's services are requested by the person. The form of the application may be identical to that described and found in public telephone directories.

(b) Subject to compliance with all applicable federal laws and regulations, the department of human services shall automatically transmit voter registration for any medicaid applicant who is of sufficient age to register to vote and has been verified as a United States citizen as part of an application to the department of human services med-QUEST division. For each applicant, the department of human services shall electronically transmit the information set forth in 11-15.7(b) to the county clerk of the county of the applicant's residence. The office of elections and clerk of each county shall process the information according to the requirements established in section 11-15.7, to the extent applicable as determined by the office of elections.

(c) Any state agency may be designated by the office of elections to implement automatic voter registration if the agency collects, processes, or stores the following information as part of providing assistance or services:

(1) Name;

(2) Residential address;

(3) Date of birth; and

(4) Proof of United States citizenship or external verification of United States citizenship.

Upon approval from the office of elections, an agency designated by the office of elections to implement automatic voter registration may establish and implement, a procedure to automatically and electronically transmit voter registration information to the county clerk of the individual's residence; provided that the agency shall comply with the requirements in section 11-15.7, to the extent applicable as determined by the office of elections."

SECTION 2. Section 11-15.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-15.7[]] Automatic registration. [(a) An application for voter registration shall be a part of the application for issuance of an identification card under section 286-303 and the application for issuance of a driver's license under section 286-111. Applications for an identification card or driver's license shall not be processed until the applicant completes the portion of the application related to voter registration and indicates the applicant's choice of whether to register to vote. If already registered to vote, the applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.]

(a) The submission of the application for the issuance of [an] a new, renewed, or duplicate identification card under section 286-303 [or], the application for a new, renewed, or duplicate driver's license under [~~section~~] sections 286-107 or 286-111, or an application for an instruction permit under section 286-110 shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the applicant as a voter if the applicant [~~made such a choice or to make changes to the applicant's voter registration information unless the applicant declined such changes.~~] is of sufficient age to register or pre-register to vote, has provided a state residence address, and has presented documentation demonstrating United States citizenship.

(b) The examiner of drivers shall electronically transmit the [~~necessary~~] following information to the clerk of the county in which the applicant resides,[~~election officials, and the online voter registration system pursuant to subsection (c).~~] the applicant's:

(1) Name;

(2) Date of birth;

(3) Driver's license or state identification number;

(4) Residence address or mailing address, if different from the applicant's residence address;

(5) County of residence;

(6) Citizenship status;

(7) Signature as a digitized image;

(8) Last four digits of the applicant's social security number, if available;

(9) Telephone number, if available; and

(10) E-mail address, if available.

(c) The examiner of drivers shall not transmit any information [necessary to register an applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the applicant's voter registration information if the applicant declined such changes. ~~The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information~~ ~~if the applicant presents a document demonstrating a lack of United States citizenship.~~] under this section unless the applicant presents a document demonstrating proof of United States citizenship or records maintained by the examiner of drivers conclusively indicate that the applicant provided documentation demonstrating United States citizenship as part of a previous transaction. If the applicant provides documentation during the transaction indicating that the applicant is not a United States citizen, the applicant's information shall not be transmitted to the clerk and the applicant shall not be offered a voter registration opportunity. If the documents provided by the applicant do not provide sufficient information to verify citizenship status, or if the examiner of drivers is unable to verify that proof of citizenship was presented during a previous transaction, the examiner of drivers shall provide information during the transaction regarding voter registration and eligibility criteria, including instructions that the applicant may only register to vote if the applicant is a United States citizen. Nothing in this section shall be construed to:

(1) Amend the substantive qualifications for voter registration in the State;

(2) Require documentary proof of citizenship for voter registration;

(3) Require the examiner of drivers to maintain or validate official records of voter registration; or

(4) Authorize the examiner of drivers to request documentation establishing an applicant's citizenship solely for the purposes of voter registration.

[~~(b)~~] (d) Upon receipt of the [~~completed voter registration application or changes to the~~] applicant's voter registration information transmitted from the examiner of drivers, the clerk shall review and [~~either approve or reject the voter registration application in accordance with this part;~~ ~~provided that approved~~] determine whether the applicant is currently registered in the statewide voter registration system. If the applicant is not currently registered in the statewide voter registration system, the clerk shall mail a notice to the applicant as described in subsection (e). If the applicant is already currently registered, the clerk shall compare information transmitted from the examiner of drivers to the voter registration record and update the registration record as needed. If the record was updated, the clerk shall mail a notice as described in subsection (e) to the voter. Approved voter registration applications received from the examiner of drivers pursuant to this section shall be treated as having a valid signature for purposes of section 11‑15(c), whether transmitted electronically or by facsimile transmission.

(e) Upon [~~the clerk's approval of the voter registration application or any changes to the voter registration information,~~] creating or updating a voter registration record under this section, the clerk shall promptly mail the person a notice that contains a postage-paid pre-addressed return form by which the person may decline to be registered or have their information updated. The notice shall include instructions to applicants who request confidentiality under section 11-14.5 or request large print ballots. Voter registration records created under this section shall be exempt from disclosure until twenty‑one days after the mailing of the notice. If a person returns the notice declining to be registered, the person's registration shall be canceled and the person shall be deemed to have never registered; provided that if the person has voted in an election after the transfer of the person's record but before the notice is returned, the returned form shall be of no force and effect and the person shall be registered as of the date of the person's qualifying transaction with the examiner of drivers.

If the applicant does not decline registration within the prescribed period, the clerk shall proceed to number the application and register the name of the voter in the general county register as provided in section 11‑14 or make approved changes to the voter's existing voter registration information as applicable. The date of registration shall be the date of the person's qualifying transaction with the examiner of drivers.

[~~(c)~~] (f) Databases maintained or operated by the counties or the department of transportation containing driver's license or identification card information, including any documents or images, shall be accessible and provided electronically to election officials and the online voter registration system to allow for the timely processing of voter applications, ensure the integrity of the voter registration polls, and for any other voter registration or election purposes, as determined by the director of transportation. Records of applicants who are ineligible to register or who declined registration shall be exempt from disclosure under chapter 92F.

(g) Any person who submits a qualifying application under this section that is dated during the twenty-one days before an election shall be provided, at the time of application, with a notice advising the applicant of the procedures to register to vote on election day. An otherwise eligible individual who declines to register or update a registration shall be offered a new registration opportunity with each qualifying application submitted under this section.

(h) Unless an ineligible individual willfully and knowingly takes affirmative steps to register to vote knowing that the individual is not eligible to do so, the record and signature of an ineligible individual that is transmitted under this section shall not constitute a completed voter registration form, and that individual shall not be considered to have affirmatively registered to vote."

SECTION 3. Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) An application for a new or renewed driver's license, provisional license, or instruction permit shall [~~include the voter registration application required under~~] serve as a voter registration application for eligible applicants under the procedures prescribed in section 11-15.7. The examiner of drivers shall consult with the office of elections to ensure that the form contains spaces for all information required to registered to vote."

SECTION 4. Section 286-111.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§286-111.5[]] Voter registration. [~~(a)~~] A qualified applicant for a new or renewed motor vehicle driver's license shall automatically be registered to vote with the clerk of the appropriate county upon completion of the driver's license application and [~~application for voter registration~~] confirmation of eligibility as required in section 11-15.7 [if the qualified applicant makes a choice to register to vote on the application form. If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.

(b) The submission of the application for voter registration together with the license or permit application shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c).

The examiner of drivers shall not transmit any information necessary to register a qualified applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the qualified applicant's voter registration information if the applicant declined such changes. ~~The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information~~ ~~if the applicant presents a document demonstrating a lack of United States citizenship.~~

~~(c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law~~]."

SECTION 5. Section 286-303, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) An application for an identification card or renewal of an identification card from the examiner of drivers shall [~~include the~~] serve as a voter registration application [~~required under~~] in accordance with section 11-15.7."

SECTION 6. Section 286-303.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§286-303.5[]] Voter registration. (a) A qualified applicant for a new, renewal, or duplicate identification card shall automatically be registered to vote with the clerk of the appropriate county upon completion of an application for identification card and [~~the application for voter registration~~] confirmation of eligibility as required by section 11-15.7 [if the qualified applicant makes a choice to be registered to vote. If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.

(b) The submission of the application for voter registration together with the application for the identification card shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c).

~~(c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law~~]."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on January 30, 2026.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	81
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII