THE SENATE

S.B. NO.

2048

THIRTIETH LEGISLATURE, 2020

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VOTER REGISTRATION.

 

 

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

 

     SECTION 1.  The purpose of this Act is to conform the voter registration deadline provision with Hawaii's vote by mail statutes by extending the voter registration deadline from thirty days to fifteen days prior to each election.

     SECTION 2.  Section 11-15.2, Hawaii Revised Statutes, is amended to read as follows:

     "§11-15.2  [Late registration.] Same day in-person registration.  (a)  Notwithstanding the closing of the general county register pursuant to section 11-24, a person who is [eligible to vote but is] not registered to vote may register by appearing in person at any voter service center on or before election day.

     (b)  The clerk shall designate a registration clerk[, who may be an election official,] at each voter service center[.

     (c)  The registration clerk] who shall process applications for any person [not registered to vote] who submits a signed affidavit in accordance with section 11-15, which shall include a sworn affirmation:

     (1)  Of the person's qualification to vote;

     (2)  Acknowledging that the person has not voted and will not attempt to vote again in that election, and has not cast and will not cast any absentee ballot pursuant to chapter 15 in that election; and

     (3)  Acknowledging that providing false information may result in a class C felony, punishable by a fine not exceeding [$1,000] $10,000 or imprisonment not exceeding five years, or both.

     [(d)] (c)  The registration clerk may accept, as prima facie evidence, the allegation of the person in the application regarding the person's residence in accordance with section 11‑15(b), unless the allegation is contested by a qualified voter.  The registration clerk may demand that the person furnish substantiating evidence to the other allegations of the person's application in accordance with section 11-15(b).

     [(e)  Registration may be challenged in accordance with section 11-25.

     (f)  Notwithstanding subsection (a), registration pursuant to this section may also be used by a person who is registered to vote but whose name cannot be found on the county register.

     (g)  The clerk of each county shall add persons who properly register under this section to the respective general county register.  Within thirty days of registration, the clerk shall mail to the person a notice including the person's name, current street address, district, and date of registration.  A notice mailed pursuant to this subsection shall serve as prima facie evidence that the person is a registered voter as of the date of registration.]"

     SECTION 3.  Section 11-24, Hawaii Revised Statutes, is amended to read as follows:

     "§11-24  Closing register.  (a)  At 4:30 p.m. on the [thirtieth] fifteenth day prior to each [primary, special primary, or special] election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter, the general county register shall be closed to registration for persons seeking to vote [at the primary, special primary, or special election] and remain closed to registration until after the election, subject to change only as provided in sections 11-15.2, 11-21(c), 11-22, 11-25, 11-26, and this section.

     (b)  Notwithstanding the [closing of the register for registration to vote at the primary or special primary election, the register shall remain open for the registration of persons seeking to vote at the general or special general election, until 4:30 p.m. on the thirtieth day prior to the general or special general election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter, at the end of which period the general county register shall be closed to registration and remain closed until after the general or special general election next following, subject to change only as provided in sections 11‑21(c), 11-22, 11-25, and 11-26.] time of closing the general county registrar under subsection (a), the clerk may accept an application submitted on the fifteenth day if it was received electronically in accordance with section 11-15.3 or received as part of a drivers licensing transaction.  The clerk shall also accept an application that is postmarked prior to or on the fifteenth day before the election."

     SECTION 4.  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 eighteen days before the election.  The clerk shall continue mailing ballot packages to voters who register to vote no later than fifteen days before the date of the election and to voters who update their voter registration address no later than fourteen days before the date of the election.  The clerk may continue mailing ballot packages beyond the deadlines established by this subsection if the clerk determines that there is reasonable time for a voter to receive and submit the ballot package before 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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

 

Report Title:

Voter Registration

 

Description:

Extends the voter registration deadline from thirty to fifteen days prior to each election.  Authorizes the clerks to sending ballot packages beyond the authorized deadlines if the clerk determines that there is reasonable time for a voter to receive and submit the ballot before the election.  Increases the fine for providing false information on a voter application.  Makes conforming amendments.  (SD1)

 

 

 

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