HB2707

Report Title:

Voter fraud

Description:

Provides a mechanism to trigger investigations for possible absentee voter fraud.

HOUSE OF REPRESENTATIVES	H.B. NO.	2707
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO VOTING FRAUD.

 

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

SECTION 1. The secret ballot, cast behind a curtain or partition in a public polling place on Election Day, is the single most important element in the electoral system that most Americans trust. Voting by secret ballot prevents spouses from looking over their partners' shoulders while they cast ballots at home; pastors from calling for all parishioners to vote together in church or temple; labor leaders from asking workers to vote together in the union hall; bosses from suggesting employees do the same in the office. It prevents party workers from handing out absentee ballots already filled in with straight tickets, and cajoling their neighbors to sign them and send them in. It makes counting the votes relatively timely and relatively verifiable. In contrast, elections conducted with large numbers of absentee mail-in ballot leave voters vulnerable to all of the above mentioned influences and pressures. Current law prevents blatant electioneering at polling places, but absentee voting wipes away such protections and greatly enhances the possibility of outright fraud. In order to insure the integrity of the voting process, it is necessary to establish guidelines or triggers that signal the possibility of absentee mail-in ballot fraud.

SECTION 2. Chapter 19, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§19- Absentee ballot fraud. The State Chief Elections officer will request an official investigation by the Attorney General, in conjunction with the Federal Bureau of Investigation, of any election in which each of the following four criteria are operative:

(1) If the absentee ballot count changed the result of the election and who would be the winner;

(2) If, after determining the statewide percentage of absentee ballots cast, the percentage cast in the contested district is 10 percentage points greater than the state average;

(3) If the percentage of absentee ballots received by the winning candidate is 15 percentage points higher than the percentage of winning candidate's votes by walk-in voters; and

(4) If the winning candidate receives 20% more absentee ballot votes than the other candidate.

A losing candidate need not initiate action leading to the investigation since the critical numbers are in the possession of the Chief Elections Officer. The Chief Elections Officer may also request an investigation if only criteria (2), (3), and (4) are operative. An investigation should include, but not be limited to, re-examination of the absentee ballots including signatures, multiple names at one residence, and other proper criteria as determined by the Chief Elections Officer.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________