HomeMy WebLinkAboutCOM 0395.001 2010-2012BRENDA J. FORD
Council Member
District 7 - Central Kona
DATE:
TO:
FROM:
SUBJECT:
Phone:
Fax:
E -Mail:
HAWAII COUNTY COUNCIL
County of Hawaii
West Hawaii Civic Center
74 -5044 Ane Keohokalole Hwy.
Kailua -Kona, Hawaii 96740
(808) 323-4277
(808) 329- 4786
bford @co.hawaii.hi.us
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Brenda J. Ford, Council Member
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Proposed Amendments to Resolution No. 173 -11: Requesting That The Hawai`i
State Association Of Counties Include A Request To The Hawai`i State
Legislature To Support The Enactment Of A Bill To Establish A Pilot Program
For Vote By Mail For All Federal, State, And County Primary, General, And
Special Elections In The State Of Hawai`i And To Make An Appropriation For
This Pilot Program, add Exhibit 1 and replace Exhibit A with the corrected
version of same attached hereto.
Dominic Yagong
and Members of the Hawai`i County Council
For your consideration, please find attached proposed amendments to Resolution No. 173 -11.
The proposed amendments, illustrated via Ramseyer format with respect to the contents of
Resolution No. 173 -11 and bolded for emphasis, read as follows:
1) The enacting clause is amended to read:
"BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
urges the Hawai`i State Association of Counties to include in its 2012 Legislative Package the
resolution attached hereto and labeled "Exhibit 1" which requests [ to- request] that the State
Legislature create a Vote By Mail pilot program for all federal, state, and county primary,
general, and special elections based on the State of Oregon Vote By Mail program as described
in Exhibit C. This pilot program shall be the exclusive method for casting ballots in the State of
Hawai`i. The pilot program begins with the [ 201-2 ] 2014 Primary election and all other
elections in the year [ 291-2 ] 2014, all elections in [ 2044 ] 2016, and continuing through all
Serving the Interests of the People of Our Island
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No., 3 95-. �
Ref. To:
Ref. Date 5 201
elections including the General Election in [ 2-04-6 ] 2018 , if feasible, or if [ 204-2 ] 2014 is too
soon to begin the change, then as soon as possible thereafter. This pilot program provides three
full election cycles in which to determine the advantages of Vote By Mail in the State of
Hawai`i; and"
2) The final clause is amended to read:
"BE IT FINALLY RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the County Clerk shall forward a copy of this Resolution, and also include in the
package the Hawaii State Association of Counties Resolution (Exhibit 1), proposed state bill
(Exhibit A), Justification Sheet (Exhibit B), a copy of the current State of Oregon "Vote By Mail
Procedures Manual" (Exhibit C), Vote By Mail Frequently Asked Questions (Exhibit D), "A
Look at Voter Turnout by State" (Exhibit E), and Statewide Voter Statistics (Exhibit F). The
resolution and the exhibits shall be sent to the President of the Hawai`i State Association of
Counties, and the respective Mayors of the Counties of Hawai`i, Kaua`i, [Mau'i,] Maui, and the
City and County of Honolulu.[ . ]"
3) Exhibit A is replaced with a new Exhibit A. The changes to Exhibit A are as follows:
(A) Underscoring removed from text proposing new chapter to the Hawai`i Revised
Statutes
(B) Section 3; added Hawai`i Revised Statutes section title and subsections a through
d to avoid inadvertent repeal of this pre- existing material.
(C) Section 4; corrected fiscal years to read as follows:
"SECTION 4. There is appropriated out of the general revenues of the County of
Hawai`i the sum of $ , or so much thereof as may be necessary for fiscal years 2014-
2015, 2016 -2017, and 2018 -2019 for the purpose of implementing and administering the Vote
By Mail pilot program in the County of Hawai`i."
(D) Add Section 7 to read as follows:
"SECTION 7. New statutory material in Section 3 of this Act is underscored."
A draft copy of Resolution No. 173 -11, Draft 2, is attached incorporating these amendments.
In an effort to conserve resources, only the resolution, formerly inadvertently omitted Exhibit 1,
and new Exhibit A are attached. Remaining and unaffected Exhibits have been omitted, but are
not proposed for deletion.
BJF /dkr
att.
A RESOLUTION URGING THE HAWAII STATE ASSOCIATION OF COUNTIES TO
INCLUDE IN THEIR 2012 LEGISLATIVE PACKAGE A REQUEST TO THE STATE
LEGISLATURE TO ESTABLISH A PILOT PROGRAM FOR VOTE BY MAIL
THROUGHOUT THE STATE OF HAWAII FOR ALL FEDERAL, STATE, AND
COUNTY PRIMARY, GENERAL, AND SPECIAL ELECTIONS, AND TO MAKE AN
APPROPRIATION FOR THIS PILOT PROGRAM.
WHEREAS, the State of Hawai`i has had a historically low voter turnout, as illustrated
in Exhibit B; and
WHEREAS, in the 2010 Primary Election, the State of Hawai`i had 684,481 registered
voters, but only 293,016 people voted (42.8 %). Of that 293,016 people, 129,980 voters were
absentee (19.0 %); and
WHEREAS, in 2010 General Election, the State of Hawai`i had 690,748 registered
voters, but only 385,464 people voted (55.8 %). Of that 385,464 voters, 163,277 of the voters
were absentee (23.6 %); and
WHEREAS, Oregon has had Vote By Mail elections since 1998. The 2004 Oregon
election was one of the most contentious and closely scrutinized elections in Oregon history, and
proved to be efficient and voter friendly. That year, Oregon had the third highest voter turnout in
the nation at 86.48% of registered voters. Of the five states with the highest voter turnout in
2004, Oregon was the only state without same -day voter registration. In 2008, Oregon achieved
85.7% voter turnout; and
WHEREAS, Vote By Mail is convenient. When this pilot program is implemented,
voters will not have to stand in lines at the polls, take time off from work, drive in bad weather to
precincts, or wait for their turn at a limited number of polling booths, and an illness or personal
emergency on Election Day will not keep them from voting; and
WHEREAS, voter fraud can be protected against by utilizing a Vote By Mail program
similar to the one used in Oregon, where every voter signature is verified to ensure that the voter
is who they claim to be; and
WHEREAS, Vote By Mail improves voter roll accuracy because ballots mailed to
intended recipients who no longer receive mail at their registered address will not have their
ballot forwarded. The ballot will be returned to the county office of elections where the office of
elections can contact the voter or the voter rolls can then be purged of inaccurate mail listings;
and
WHEREAS, Vote By Mail improves uniformity because there is centralized supervision
of ballot processing in the county office of elections, instead of in dispersed polling places. This
maintains uniformity and strict compliance with law; and
WHEREAS, Vote By Mail promotes voter confidence by providing a paper trail where
the accuracy and fairness of election results are provable, and the ballots can be recounted, by
hand if necessary, to prove to voters that each and every vote was properly counted; and
WHEREAS, Vote By Mail may have an overall savings of up to one -third of the cost of
a regular election due to the decrease in cost of training and employment of precinct officials to
staff all of the precinct locations, and a slight increase in cost to hire additional temporary
personnel to staff the counting centers; and
WHEREAS, Vote By Mail increases voter participation in small local elections. Voter
turnout increases when voters are provided with an easy and convenient way to vote; and
WHEREAS, "Get Out the Vote" activities may be conducted several weeks prior to the
election and voters are reminded to mail their ballot well ahead of the election deadline; and
WHEREAS, Vote By Mail creates a significant gain in informed voting because voters
can do their research and think about choices while sitting at home with their Voters' Pamphlet
and any other information that they want to use to make reasoned decisions; and
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
urges the Hawai`i State Association of Counties to include in its 2012 Legislative Package the
resolution attached hereto and labeled "Exhibit 1" which requests that the State Legislature
create a Vote By Mail pilot program for all federal, state, and county primary, general, and
special elections based on the State of Oregon Vote By Mail program as described in Exhibit C.
This pilot program shall be the exclusive method for casting ballots in the State of Hawai`i. The
pilot program begins with the 2014 Primary election and all other elections in the year 2014, all
elections in 2016, and continuing through all elections including the General Election in 2018 , if
feasible, or if 2014 is too soon to begin the change, then as soon as possible thereafter. This pilot
program provides three full election cycles in which to determine the advantages of Vote By
Mail in the State of Hawai`i; and
BE IT FINALLY RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the County Clerk shall forward a copy of this Resolution, and also include in the
package the Hawai`i State Association of Counties Resolution (Exhibit 1), proposed state bill
(Exhibit A), Justification Sheet (Exhibit B), a copy of the current State of Oregon "Vote By Mail
Procedures Manual" (Exhibit C), Vote By Mail Frequently Asked Questions (Exhibit D), "A
Look at Voter Turnout by State" (Exhibit E), and Statewide Voter Statistics (Exhibit F). The
resolution and the exhibits shall be sent to the President of the Hawai`i State Association of
Counties, and the respective Mayors of the Counties of Hawai`i, Kaua`i, Maui, and the City and
County of Honolulu.
EXHIBIT 1
Hawaii State Association of Counties (HSAC)
Counties of Kaua`i, Maui, and Hawaii, and City & County of Honolulu
A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO ENACT A
BILL TO ESTABLISH A PILOT PROGRAM FOR VOTE BY MAIL THROUGHOUT
THE STATE OF HAWAII FOR ALL FEDERAL, STATE, AND COUNTY PRIMARY,
GENERAL, AND SPECIAL ELECTIONS, AND TO MAKE AN APPROPRIATION FOR
THIS PILOT PROGRAM.
WHEREAS, the State of Hawai`i has had a historically low voter turnout, as illustrated
in Exhibit B; and
WHEREAS, in the 2010 Primary Election, the State of Hawai`i had 684,481 registered
voters, but only 293,016 people voted (42.8 %). Of that 293,016 people, 129,980 voters were
absentee (19.0 %); and
WHEREAS, in 2010 General Election, the State of Hawai`i had 690,748 registered
voters, but only 385,464 people voted (55.8 %). Of that 385,464 voters, 163,277 of the voters
were absentee (23.6 %); and
WHEREAS, Oregon has had Vote By Mail elections since 1998. The 2004 Oregon
election was one of the most contentious and closely scrutinized elections in Oregon history, and
proved to be efficient and voter friendly. That year, Oregon had the third highest voter turnout in
the nation at 86.48% of registered voters. Of the five states with the highest voter turnout in
2004, Oregon was the only state without same -day voter registration. In 2008, Oregon achieved
85.7% voter turnout; and
WHEREAS, Vote By Mail is convenient. When this pilot program is implemented,
voters will not have to stand in lines at the polls, take time off from work, drive in bad weather to
precincts, or wait for their turn at a limited number of polling booths, and an illness or personal
emergency on Election Day will not keep them from voting; and
WHEREAS, voter fraud can be protected against by utilizing a Vote By Mail program
similar to the one used in Oregon, where every voter signature is verified to ensure that the voter
is who they claim to be; and
WHEREAS, Vote By Mail improves voter roll accuracy because ballots mailed to
intended recipients who no longer receive mail at their registered address will not have their
ballot forwarded. The ballot will be returned to the county office of elections where the office of
3371 -A Wilcox Road, LThu`e, Kauai, Hawai`i 96766, (808) 241 -4188
October 4, 2011
Page - 2 -
elections can contact the voter or the voter rolls can then be purged of inaccurate mail listings;
and
WHEREAS, Vote By Mail improves uniformity because there is centralized supervision
of ballot processing in the county office of elections, instead of in dispersed polling places. This
maintains uniformity and strict compliance with law; and
WHEREAS, Vote By Mail promotes voter confidence by providing a paper trail where
the accuracy and fairness of election results are provable, and the ballots can be recounted, by
hand if necessary, to prove to voters that each and every vote was properly counted; and
WHEREAS, Vote By Mail may have an overall savings of up to one -third of the cost of
a regular election due to the decrease in cost of training and employment of precinct officials to
staff all of the precinct locations, and a slight increase in cost to hire additional temporary
personnel to staff the counting centers; and
WHEREAS, Vote By Mail increases voter participation in small local elections. Voter
turnout increases when voters are provided with an easy and convenient way to vote; and
WHEREAS, "Get Out the Vote" activities may be conducted several weeks prior to the
election and voters are reminded to mail their ballot well ahead of the election deadline; and
WHEREAS, Vote By Mail creates a significant gain in informed voting because voters
can do their research and think about choices while sitting at home with their Voters' Pamphlet
and any other information that they want to use to make reasoned decisions; and
BE IT RESOLVED BY THE HAWAII STATE ASSOCIATION OF COUNTIES
that it urges the State Legislature create a Vote By Mail pilot program for all federal, state, and
county primary, general, and special elections based on the State of Oregon Vote By Mail
program as described in Exhibit C. This pilot program shall be the exclusive method for casting
ballots in the State of Hawai`i. The pilot program begins with the 2014 Primary election and all
other elections in the year 2014, all elections in 2016, and continuing through all elections
including the General Election in 2018, if feasible, or if 2014 is too soon to begin the change,
then as soon as possible thereafter. This pilot program provides three full election cycles in
which to determine the advantages of Vote By Mail in the State of Hawai`i; and
October 4, 2011
Page - 3 -
BE IT FINALLY RESOLVED that the Hawai`i State Association of Counties transmits
copies of this Resolution, the proposed state bill (Exhibit A), Justification Sheet (Exhibit B), a
copy of the current State of Oregon "Vote By Mail Procedures Manual" (Exhibit C), Vote By
Mail Frequently Asked Questions (Exhibit D), "A Look at Voter Turnout by State" (Exhibit E),
and Statewide Voter Statistics (Exhibit F). The resolution and the exhibits shall be sent to the
President of the Hawai`i State Senate and the Speaker of the State House of Representatives for
distribution to all State Senators and Representatives, the Honorable Governor Neil
Ambercrombie, and the respective Mayors of the Counties of Hawai`i, Kaua`i, Mau'i, and the
City and County of Honolulu.
Mel Raposo, President K. Angel Pilago, Vice President
Stanley Chang, Secretary Joseph Pontanilla, Treasurer
EXHIBIT A
.B. NO.
A BILL FOR AN ACT
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
RELATING TO VOTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. In the 2004 presidential election, 19,117 (218 %) voters cast absentee
2 ballots in Hawai`i County. In the 2008 presidential election, a record number of voters cast
3 absentee ballots (29.1 %) in Hawai`i County. This trend demonstrates that more voters are
4 finding Vote By Mail to be an easier option than voting at the polls on the day of the election.
5 Other states, such as Oregon (entire state) and Colorado (37 of 39 counties), have used Vote By
6 Mail as the exclusive method for casting ballots. From their experience with Vote By Mail, these
7 states have found that:
8 (a) Vote By Mail increases voter participation because it makes it easier for people to
9 vote; and
10 (b) Vote By Mail increases voter convenience because weather, natural disasters,
11 driving, cost of gasoline, work, child care, illness, and long lines are no longer an
12 issue; and
13 (c) Vote By Mail increases confidence in the accuracy and fairness of election results
14 because there is as a paper ballot that is verifiable and may be audited; and
15 (d) Vote By Mail reduces fears of fraud because the county office of elections will
16 verify the signature of every voter before the ballot is opened or counted, and
17 (e) Vote By Mail improves accuracy in the general county register because mailed
18 ballots are not forwarded by the post office but are returned to the county office of
19 elections; therefore, the general county register is kept accurately without the risk of
20 inappropriate purges; and
21 (f) Vote By Mail maintains uniformity because centralized supervision of ballot
22 processing in strict compliance with the law; and
23
24
(g)
Vote By Mail allows voters to keep their ballots for a longer period of time to study
their choices and to research their questions before casting their votes; and
Exhibit A3 stwide VBM to HSAC (2) REVISED.doc
Page 2
.B. NO.
1 (h) Vote By Mail is cost effective because there is a reduced number of precinct
2 officials, less training of precinct officials and captains, and lower lease costs for
3 expensive electronic equipment.
4 The purpose of this Act is to establish a Vote By Mail pilot program in the County of Hawai`i to
5 be utilized as the exclusive means of casting a ballot for a federal, state, and county primary,
6 general, or special election.
7
8 SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be
9 appropriately designated and to read as follows:
10 "§ Vote By Mail
11 -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:
12 "Ballot" shall have the same meaning as defined in HRS section 11 -1.
13 "Ballot package" means a non - forwardable, mailed package containing: an official ballot, a
14 return identification envelope, a secrecy envelope, a Voters' Pamphlet, instructions on Vote By
15 Mail and any other information that the county office of elections official deems appropriate.
16 "Chief election officer" means the individual defined in HRS section 11 -1.
17 "County" shall have the same meaning as defined in HRS section 11 -1.
18 "Dropsite" means a location where a ballot may be returned in person without postage.
19 "Election" shall have the same meaning as defined in HRS section 11 -1.
20 "Official observer" means an individual designated by the chief elections officer of the state or
21 the county clerk to observe the election process in the counting center.
22 "Vote By Mail" means an election conducted exclusively by mail.
23 "Voter" shall have the same meaning as defined in HRS section 11 -1.
24 "Voters' Pamphlet" means a printed insert provided by the county clerk that contains a concise,
25 impartial explanation of each question or ballot measure and its major effects and a single,
26 concise pro and con statement of less than 250 words each. Candidates for elected office are not
27 included in the Voters' Pamphlet.
28 -2 Vote By Mail; determination. (a) A Vote By Mail election shall be conducted by the chief
29 election officer as a pilot project for all federal, state, and county primary, general, and special
30 elections based on the State of Oregon Vote By Mail program for the County of Hawai`i as the
31 exclusive method for casting ballots in the County of Hawai`i beginning with the 2010 Primary
32 election and all other elections in the year 2010, all elections in 2012, and continuing through all
33 elections including the General Election in 2014.
34 (b) The chief election officer shall provide notice pursuant to HRS section 1 -28.5 no later than
35 sixty days before the election in two daily newspapers in the County of Hawai`i, that a vote By
36 mail election shall be conducted and the only precincts open on the day of the election shall be
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1 the multiple county offices of elections sites. There shall be a dropsite at all of the county office
2 of elections and a minimum of additional dropsites throughout the county to equal one dropsite
3 for approximately 20,000 registered voters. (The total number of dropsites, including the offices
4 of elections, shall be the approximate number of registered voters divided by 20,000.) This
5 information shall also be published and mailed to each voter with the ballot package.
6 (c) The Direct Record Electronic voting machines will be located at the offices of elections sites
7 for use by voters meeting requirements under the Help America Vote Act (HAVA).
8 -3 Procedures for conducting Vote By Mail. (a) Except as provided in subsections (b) and
9 (c), the county clerk shall mail by nonforwardable mail to each registered voter between thirty -
10 five days and twenty -one days before the date of the election:
11 (1) An official ballot;
12 (2) A return identification envelope that shall be printed with the monetary amount of
13 postage to be applied to the envelope by the voter and a message: "To return ballot by
14 mail, voter must apply $ . postage."
15 (A) a bar code containing sufficient voter information from the general county
16 register to identify that voter without opening the envelope. This will allow the
17 county office of elections to match the voter to the general county register and
18 verify that the signature of the voter is authentic;
19 (B) A signature box on the return identification envelope; a written warning near
20 the signature box on the return identification envelope stating: "WARNING!
21 Signing another person's signature to this envelope is class C felony ", and an
22 affirmation declaration: "I hereby affirm that I am the registered voter whose
23 name is on the envelope. I am a resident of the precinct and representative
24 district as indicated on the envelope. I am entitled to vote. I understand that
25 signing another person's signature is a class C felony."
26 (3) A secrecy envelope;
27 (4) An instruction sheet on how to complete Vote By Mail that includes the instruction
28 that the ballot must be returned to a designated dropsite or a county office of elections by
29 6:00 p.m. on election day or the ballot will not be counted; and
30 (5) A voters' pamphlet that is a printed insert provided by the county clerk that contains a
31 summary of each ballot question or measure, a concise, impartial explanation of each
32 question or ballot measure and its major effects and a single, concise -pro and con
33 statement of less than 250 words each ballot question or measure to be voted on.
34 (b) If the county clerk determines that a voter does not receive daily mail service from the
35 United States Postal Service, the county clerk shall mail by another nonforwardable mail service
36 the same ballot package described in section _ -3 above to each registered voter between thirty -
37 five and twenty -one days before the date of the election.
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(c) If the voter requests a ballot be mailed outside of the State, the county clerk shall mail by
2 nonforwardable mail the same ballot package described in section _ -3 above to each registered
3 voter between thirty -five and twenty -one days before the election.
4 (d) Upon receipt of a ballot by mail, the voter may:
5 (1) Mark the ballot;
6 (2) Sign the return identification envelope supplied with the ballot; and
7 (3) Comply with the instructions provided with the ballot.
8 (e) The voter may return the marked ballot to the county office of elections by United States
9 Postal Service or by depositing the ballot at any dropsite designated by the county clerk. All
10 postage for ballots returned by the United States Postal Service shall be provided by the
11 voter.
12 -4 Voters' Pamphlet. (a) A voters' pamphlet is a printed insert provided by the county
13 clerk that contains a summary or each ballot question or measure, a concise, impartial
14 explanation each question or ballot measure and its major effects. A single, concise pro and con
15 statement of 250 or fewer words each on the ballot question or measure to be voted on.
16 (b) The pro statement shall be provided by a person, organization, council member, state, or
17 group that initiates the ballot question or measure containing a single, concise pro statement of
18 250 or fewer words. Only one pro statement shall be allowed in the voters' pamphlet.
19 (c) The con statement may be written by a person, organization, council member, state, or group
20 that opposes the ballot question or measure containing a single, concise con statement of 250 or
21 fewer words.
22 (1) If no one chooses to write a con statement, the voters' pamphlet may be printed with
23 the statement that "No con statement was provided" for that particular question or
24 measure.
25 (2) A maximum of one con statement shall be allowed in the voters' pamphlet.
26 (3) If multiple con statements are received by the county clerk by the deadline
27 established by the county clerk, the prosecuting attorney for the County of Hawai`i
28 shall select three people to choose the single con statement that will be used in the
29 voters' pamphlet.
30 (d) No statement regarding a candidate for elected office shall be included in the voters'
31 pamphlet.
32 -5 Public notice of mailing. Public notice of the date or dates that ballot packages are
33 mailed, delivered, and made available shall be given by the chief election officer and all county
34 election offices when all ballot packages have been mailed, delivered, and made available to
35 voters. Notice shall be published in a minimum of two daily newspapers in the County of
36 Hawai`i on the twenty- eighth and twenty -first day prior to the day of election.
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1 -6 Undeliverable ballot packages. (a) Ballot packages that are mailed or delivered shall not
2 be forwardable or deliverable beyond the address of the voter as shown in the general county
3 register established and maintained by the county clerk.
4 (b) A ballot package that is mailed or delivered and is determined to be undeliverable by mail or
5 other means to the voter at the address shown in the register that is established and maintained by
6 the clerk of a county because of the death of the voter, refusal of any person living at that
7 address, or because the voter moved and is no longer residing at that address shall be returned to
8 the county clerk who initiated the mailing.
9 (c) If a voter has moved, the county clerk shall mail, deliver, or make available the ballot
10 package to the voter after the voter has provided their new address.
11 -7 Help America Vote Act. Each county office of elections shall have Direct Record
12 Electronic voting machine to assist those voters qualifying under the Help America Vote Act.
13 -8 Replacement ballots. (a) For Vote By Mail, a voter may obtain a replacement ballot from
14 the county clerk if their ballot is destroyed, spoiled, lost, or not received by completing and
15 signing a replacement ballot request form. The request for a replacement ballot may be made by
16 mail, in person, or by other means designated by the chief election officer according to the
17 procedures provided by the rules adopted by the chief election officer pursuant to chapter 91.
18 (b) Upon receipt of a request for a replacement ballot, the county clerk or a designee appointed
19 by the county clerk shall:
20 (1) The registration of the voter shall be verified and the database checked to ensure that
21 another ballot has not been returned by the voter;
22 (2) The original ballot shall be invalidated before the replacement ballot is issued.
23 (3) A notation will be made in the database that the voter has requested a replacement
24 ballot;
25 (4) The return identification envelope shall be marked so that it may be identified as a
26 replacement ballot; and
27 (5) A replacement ballot will be issued.
28 (6) Upon receipt of a voted replacement ballot, the county clerk or a designated appointee
29 shall verify that a completed and signed replacement ballot request form has been
30 received by the county clerk or is included with the voted replacement ballot. If a
31 request form has been completed and signed by the voter and received by the county
32 clerk, the county clerk or a designated appointee shall process the ballot. If the
33 replacement ballot request form is not completed or signed by the voter or not
34 received by the county clerk, the county clerk or a designated appointee shall not
35 process the ballot.
36 -9 Verification of signatures. (a) Verification of signatures may begin immediately from the
37 time that ballots are mailed to registered voters.
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1 (b) Signature verification may be made electronically, visually, or by both methods.
2 (c) When a ballot has been returned by the voter and the signature is validated, the ballot is
3 accepted. The ballot is included in the database for the election. If the return identification ballot
4 envelope is unsigned and is returned to the voter for signature. The ballot is not received until
5 the signed envelope is returned.
6 (d) Automated reports and computer programs may be used for the master list and logs tracking
7 reissued, replacement, and challenged ballots.
8 (e) Reissued and replacement ballots must be identified to ensure only the correct ballot is being
9 counted.
10 (f) Challenged ballots must be processed separately.
11 (g) Check for valid signatures.
12 (1) Compare voter's signature on the return ballot identification envelope to the signature
13 on the voter's registration affidavit.
14 (2) If the signature verification clerk is able to determine that the same person signed the
15 return identification ballot envelope and the voter registration affidavit, the ballot may
16 be processed.
17 (3) If the signature does not match the voter registration affidavit and if it appears that
18 another individual has signed for the registered voter on the ballot identification
19 envelope, the ballot is invalidated.
20 -10 Counting of ballots. (a) For Vote By Mail, the method of preparation for counting
21 ballots may begin at any time before the day of election. Preparation may include removal of the
22 outer, return identification envelope, sorting by precinct, etc. The preparation shall not include
23 removal of the secrecy envelope until seven days prior to the day of election.
24 (b) There shall be provision made to allow for attendance by official observers during all ballot
25 processes. The county office of elections official will determine the number of official observers
26 based on space and staff availability. One official observer may be selected from each qualified
27 political party and other civic - minded groups as allowed by HRS statutes.
28 (c) In the presence of official observers, counting center employees may start to count the ballots
29 on the day of the election. All handling and counting of the mailed -in ballots shall be according
30 to the procedures provided by the rules adopted by the chief election officer pursuant to chapter
31 91.
32 (d) A mailed ballot shall be counted only if:
33 (1) It reaches an official dropsite by 6:00 p.m. on the day of election to be transported to
34 the county clerk or counting center employees;
35 (2) It is received by mail by the county clerk not later than 6:00 p.m. or transport from a
36 designated dropsite where the ballot was received on the day of the election. The
37 refusal to receive ballots after 6:00 p.m. on the day of the election or tally the ballots
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1 may only be suspended with prior approval of the chief elections officer in an
2 emergency situation;
3 (3) It is received in the return identification envelope;
4 (4) The return identification envelope is signed by the voter to whom the ballot is issued
5 and verified according to the procedures provided by the rules adopted by the chief
6 election officer pursuant to chapter 91. A faxed or emailed signature shall not be
7 accepted for an unsigned return identification envelope; and
8 (5) The signature of the voter is verified pursuant to section _ - 8.
9 -11 Contests for cause. (a) A contest for cause may be filed with respect to any election per
10 HRS section 11 -172.
11 (b) Contests for cause in primary, special primary elections, and county elections shall follow
12 procedures described in HRS section 11- 173.5.
13 (c) Contests for cause in general, special general, special, and runoff elections shall follow
14 procedures described in HRS section 11- 174.5.
15 -12 Certification of the election. Pursuant to HRS section 11 -155, 11- 173.5, and 11- 174.5,
16 certification of the election by the county clerk shall occur after the expiration of the time for
17 bringing an election contest or the resolution of such an election contest. In the County of
18 Hawai`i, certification of an election shall occur within ten (10) days after the later of either of the
19 two aforementioned events.
20 -13 Elections Fraud and Voter Fraud (a) Elections fraud as described in HRS section 19 -3,
21 Election Frauds is prosecutable as a class C felony.
22 (b) Voter fraud as described in HRS section 19 -3.5 is a class C felony."
23
24 SECTION 3. Section 11 -91.5, Hawaii Revised Statutes, is amended by adding
25 subsection (e) to read as follows:
26
27 " §11 -91.5 Federal, state, and county elections by mail.
28 (a) Any federal, state, or county election held other than on the date of a regularly
29 scheduled primary or general election may be conducted by mail.
30 (b) The chief election officer shall determine whether a federal or state election, other
31 than a regularly scheduled primary or general election, may be conducted by mail or at polling
32 places.
33 (c) The county clerk shall determine whether a county election, held other than on the
34 date of a regularly scheduled primary or general election, may be conducted by mail or at polling
35 places. An election by mail in the county shall be under the supervision of the county clerk.
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1 (d) The chief election officer shall adopt rules pursuant to chapter 91 to provide for
2 uniformity in the conduct of federal, state, and county elections by mail. [L 2003, c 37, §1]
3 (e) Any federal, state, county or special election in the County of Hawai`i may be
4 conducted by mail as provided in chapter ."
5
6 SECTION 4. There is appropriated out of the general revenues of the County of Hawai`i
7 the sum of $ , or so much thereof as may be necessary for fiscal years 2014 -2015, 2016-
8 2017, and 2018 -2019 for the purpose of implementing and administering the Vote By Mail pilot
9 program in the County of Hawai`i.
10
11 SECTION 5. The sum appropriated shall be expended by the department of accounting
12 and general services for the purposes of this Act.
13 SECTION 6. This Act shall take effect on July 1, 2012.
14
15
16
17
SECTION 7. New statutory material in Section 3 of this Act is underscored.
INTRODUCED BY:
Bill for an ACT Re Voting