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Home My WebLink AboutCOM 0124.074 2004-2006 CONRJANCI: R. KlRlll ~trorp~ WILLIAM SMIJlI v. ''~q dkp~iry-(Fnrnp~(~Gv~k ~6i~, ~s•N~ County of Hawar 'i Office of the County Clerk >>.a:~;~::~: l/da, rlan~m'i 9(7_'0 1'e[ephu~re (80~YJ 9([-~4Ji5 Fncsirndr (AOXI 9Gl-H92 July 26, 2005 Council Member Bob Jaca9~son 25 Aupuni Street Hilo, HI 96720 Dear Council Member Jacobson: This is in response to statements made by you at a Council Committee on Finance meeting (Clerk's Office departmental review) o.. March 31, 2005, regarding the elections and 'voter registration. VOTER REGISTRATIO_ N A~1D RESIDENCE ADDRESSES At that meeting, you stated: ....We've gotten rid of this thing where we were rnaintaining..,weie demanding physical addresses instead of TMK's and we've gotten away from that because it created a lot ofproblems because people didn't have addresses,.so that's not being used any more for basis for voter registration? We can use the Titi7K's instead of the voter addresses because what was happening is there was people who were free, white and 21 who owned property which basically can qualify under the U'.5. Constitution right from the start that weren't allowed to vote in some of the elections because they didn't have the proper address. They had TMK's, but they ...and they had road addresses but didn't have that long six or eight digit number that building issues. TYs not sunnnsPd Yn hP that wav T Talkar/ to Farlaral FIArYinn nffi~%alc and on „~o d,~ not be asking for that any more unless they already know it. You can ask for it but if they don't know it, that can't be a basis for disqualifying a registered voter. So it's nice to have the convenience. It's nice to have that accuracy. You got to make sure or else there will be Feds all over us because Help the America Vote Act. I've spoken with oTficia/s in the last four years in Washington, D. C., and they don't like the idea that we re restrictin~anybodKs. right to vote on the basis of whether they had ~ Comm. No. y 7~l ll<nr~n"~('oanll'/e~.Ir~LyunlOpp~»7unil,P Pi~uwder .lnd Finplu7~~r Ref. TO: Ref. Dote JUL Council Member Jacobson July 26, 2005 Page 2 buildinczpermit or not. Because that was for a while we were only issuing addresses based if you had a bui/ding permit or else that's true. And a/so they were only issuing those addresses out of Planning one day a week that I've talked with P/arming now that their staff person is available five days a week. But we're still not allowed to prohibit registration if they don't have that addresses. (emphasis added) I really want to make sure you understand that fully well and make sure that Pat ....I've gone through this with State Elections OfFce and they agree with me. Pat also expressed some agreement with this and you have to make sure that people are not trying to stop people from voting simply because they don't have that address that is reasonably new. It's good to have it, it's nice to have it For accuracy but it's not required. The Elections Division has neither demanded a physical house number and street address nor denied a person the right to vote or to register to vote because a person does not have a physical address. While it has been the policy of the Elections Division to ask for the residence address, it accepts a TMK or a description of the location of the property where the person resides. If a TMK or description of the property is provided, Elections staff conducts research with information from the Planning Department or Real Property Tax Office to place the voter in the appropriate district. It is only when the TMK, street address, or locational description of the property is not provided to place the person in the district and precinct that the voter registration affidavit may not be able to be processed in compliance with Section 11-15(a), Hawai i Revised Statutes, which reads: §11-15. Application to register. (a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit. The affidavit shall contain the following information: (1) Name; (2) Social security number; (3) Date of birth; (4) Residence, including mailing address; (5) That the residence stated in the affidavit is not simply because of the person's presence in the State but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein; (6) That the person is a citizen. With regards to your reference to "persons who are free, white and 21 who own property," we do not discriminate based upon grounds of age, class, race, religion, sexual preference, gender identification, or disability. In fact, the Elections Division has and will continue to register the homeless with only a description of the area where the person's time is generally spent in compliance with State and County policy and State law (§11-13, 11-15, HRS; 2-51- 25(a)(3) HAR). Council Member Jacobson July 26, 2005 Page 3 ISSUE OF RETIDRNED VOTER MAILERS At the meeting, you also said perhaps a hundred or more letters mailed by you to voters in Pahala were returned because the addresses were wrong. You suggested that some of these areas contained unusual characteristics with their voter lists, and that you had turned over the names, addresses and cancelled letters to Milo Clark, who is trying to work with the Elections Division to make sure the people are actually registered in those areas as they should be. The Elections Diivision mails out approximately 78,000 yellow "Notice of Voter Registration and Address Confirnmation" (NVRAC) cards to registered voters during an election year to ensure that voters resicJe at the address where they are registered to vote. The U.S. Postal Service returns between 8-10% to us as undeliverable. Using the returned NVRAC cards, the Elections Division flags the voter in the statewide registration system. If the voter shows up to vote absentee or on Election Day, poll workers will update the information and will allow the voter to vote. Therefore, it is not uncommon for a candidate performing a district mailout to receive several hundred undeliverable mailers. Although numerous efforts are made by State and County elections officials reminding voters to update their voter information, it is the responsibility of the voter to keep his or her voter registration information current. Many do not. MILD CLARK You also mentioned that Milo Clark is working with the Elections Division to obtain greater accuracy in the registered voters list. To date, Mr. Clark has not contacted the Elections Division. However, we do appreciate any concerns about the accuracy of the voter registration list being brought to the attention of elections staff. CONCLUSION In our mutual goal of maintaining integrity and transparency in the elections process, please let me know if you rwould like to schedule a meeting to discuss your concerns with State Chief Election Offcer Dwayne Yoshina, County Elections Program Manager Pat Nakamoto and me. Sincerely, Constance R. KirNu County Clerk cc: Council Members Chief Election Officer Dwayne Yoshina Elections 'Program Manager Pat Nakamoto