HB1477

SECTION 1. Section 26-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided by law, the lieutenant governor is designated the secretary of state for intergovernmental relations and shall perform the duties and functions heretofore exercised by the secretary of Hawaii. The duties and functions shall include but not be limited to recordation of all legislative and gubernatorial acts, certification of state documents, [~~and~~] maintenance of an official file of rules adopted by state departments as provided in chapter 91[.], and the establishment of a ballot-tracking system that allows all voters to receive alerts regarding the mailing, receipt, and counting of their ballots returned by mail; provided that voters who opt-in to receive these alerts receive them on at least a weekly basis. The lieutenant governor may employ staff as necessary without regard to chapter 76."

SECTION 2. Section 15-5, Hawaii Revised Statutes, is amended to read as follows:

"§15-5 Delivery of ballots. (a) Immediately upon receipt of a request for absentee ballot within the time limit specified in section 15-4, the clerk shall examine the records to ascertain whether the voter is lawfully entitled to vote as requested. If the clerk ascertains that the voter is lawfully entitled to vote as requested, no earlier than thirty days before the election, the clerk shall mail in a forwarding envelope, or deliver in person if the voter appears at the office of the clerk, an official ballot and other materials prescribed in section 15-6, except that an incapacitated voter may send a representative to obtain the voter's ballots pursuant to the rules adopted by the chief election officer; provided that official ballots and other materials prescribed in section 15-6 shall be mailed or delivered:

(1) To uniform military and overseas voters pursuant to section 15D-9; and

(2) No later than twenty-four hours after receipt of the request for absentee ballot for requests received on the last day specified in section 15-4.

(b) If absentee ballots requested under section 15-4 are not received by a voter within five days of an election, if a voter requires a replacement ballot within five days of an election, or if a voter would otherwise not be able to return a properly issued ballot by the close of polls, then a voter may request that absentee ballots be forwarded by electronic transmission; provided that a voter with special needs, including a disability, may request that a ballot be forwarded by electronic transmission at any time, but no earlier than the date that the voter's initial ballot package was or would have been transmitted. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit appropriate ballots, voting information required by section 15-6, and a form containing a waiver of the right to secrecy, as provided by section 11-137. The waiver of the right to secrecy shall not be required if the voted ballot is returned in a signed ballot return identification envelope issued to the voter. The voter may return the voted ballots and executed forms by electronic transmission or mail; provided that they are received by the issuing clerk no later than the closing hour on election day in accordance with section 11-131. Upon receipt, the clerk shall verify compliance with the requirements of section 15-9 and prepare the ballots for counting pursuant to section 15-10; provided that if the voter returns multiple voted absentee ballots for the same election, the clerk shall, for purposes of counting ballots, prepare only the first absentee ballot returned that is not spoiled.

(c) Immediately upon mailing an absentee ballot to a voter, the clerk shall notify the office of the lieutenant governor of that fact."

SECTION 3. Section 15-9, Hawaii Revised Statutes, is amended to read as follows:

"§15-9 Return, receipt, processing, and treatment of absentee ballots. (a) An absentee ballot shall be returned, received, processed, and treated in the same manner as a return identification envelope in an election by mail as provided by part VIIA of chapter 11.

(b) Upon receipt of a returned absentee ballot by mail, the clerk shall immediately notify the office of the lieutenant governor of that fact."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 as a grant-in-aid to the counties to establish a system for the county clerk of each county to notify the office of the lieutenant governor of the mailing and receipt of ballots returned by mail.

The sums appropriated shall be expended by the counties for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1477
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII