HB1704

SECTION 1. The legislature finds that free and fair elections are the backbone of a functioning democratic process.

Concern about voter fraud and doubt in the local election system is on the rise in Hawaii. While the legislature has implemented some changes to improve election integrity, there are easily adopted modifications that would further strengthen public confidence in government and the accuracy of election results.

The purpose of this Act is to bolster election integrity in the state of Hawaii by requiring evidence of United States citizenship to verify the accuracy of voter rolls, installing 24-hour video surveillance camera on ballot boxes, opening more voter service centers on election days in Hawaii, and requiring ballots only be mailed when requested by the voter.

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

"PART II. REGISTRATION

§11-11 Registration. (a) A person who registers as required by law shall be entitled to vote at any election provided that the person shall have attained the age of eighteen at the time of that election. The county clerk shall be responsible for voter registration in the respective counties and the keeping of the general register and precinct lists within the county.

(b) Except for the mailing of sample ballots, a county clerk who mails an item to any voter shall send the mailing by non-forwardable first class mail marked with the statement required by the postmaster to receive an address correction notification. If the item is returned undelivered, the county clerk shall send a follow-up notice to that voter within three weeks of receipt of the returned notice. The county clerk shall send the follow up notice to the address that appears in the general county register or to the forwarding address provided by the United States Postal Service. The follow-up notice shall include an appropriate internet address for revising voter registration information or a registration form and shall state that if the voter does not complete and return a new registration form with current information to the county clerk or make changes to the voter's registration information that is maintained online within thirty-five days, the voter's registration status shall be changed from active to inactive.

(c) If the voter provides the county recorder with a new registration form or otherwise revises the voter's information, the county clerk shall change the general register to reflect the changes indicated on the new registration. If the voter indicates a new residence address outside of the county, the county clerk shall forward the voter registration form or revised information to the county clerk of the county in which the voter's address is located. If the voter provides a new permanent address that is located outside this state, the county clerk shall cancel the elector's registration.

(d) The county clerk shall maintain on the inactive voter list the names of electors who have been removed from the general register pursuant to subsection (b) or (f) of this section for a period of four years or through the date of the second general election for federal office following the date of the notice from the county clerk that is sent pursuant to subsection (f) of this section.

(e) On notice that a government agency has changed the name of any street, route number, post office box number, or other address designation, the county clerk shall revise the registration records and shall send a new verification of registration notice to the electors whose records were changed.

(f) On the first day of each month, the county clerk shall use the change of address information supplied by the postal service through its licensees to identify registrants whose addresses may have changed. If it appears from the information provided by the postal service that a registrant has moved to a different residence address in the same county, the county clerk shall change the registration records to reflect the new address and shall send the registrant a notice of the change by forwardable mail and a postage prepaid preaddressed return form or an appropriate internet address for revising voter registration information. If the registrant fails to revise the information or return the form postmarked not later than thirty-five days after the mailing of the notice, the voter's registration status shall be changed from active to inactive. If the notice sent by the clerk is not returned, the registrant shall be required to provide affirmation or confirmation of the registrant's address in order to vote. If the registrant does not vote in an election during the period after the date of the notice from the clerk through the date of the second general election for federal office following the date of that notice, the registrant's name shall be removed from the list of active voters. If the registrant has changed residence to a new county, the county clerk shall provide information on how the registrant can continue to be eligible to vote.

(g) The county clerk shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence of citizenship shall include any of the following:

(1) The number of the applicant's driver's license or nonoperating identification license issued after October 1, 1996 by the department of transportation or equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver license or nonoperating identification license that the person has provided satisfactory proof of United States citizenship;

(2) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the county clerk;

(3) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the county clerk of the applicant's United States passport;

(4) A presentation to the county clerk of the applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States immigration and naturalization service by the county clerk;

(5) Other documents or methods of proof that are established pursuant to the immigration reform and control act of 1986; or

(6) The applicant's Certificate of Degree of Indian or Alaska Native Blood (CDIB) number, tribal identification card number, or tribal enrollment number.

(h) Notwithstanding subsection (g) of this section, any person who is registered in the State on the effective date of this Act is deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship unless the person is changing voter registration from one county to another.

(i) For the purpose of this section, proof of voter registration from another state or county is not satisfactory evidence of citizenship.

(j) A person who modifies voter registration records with a new residence ballot shall not be required to submit evidence of citizenship. After citizenship has been demonstrated to the county clerk, the person is not required to resubmit satisfactory evidence of citizenship in that county.

(k) After a person has submitted satisfactory evidence of citizenship, the county clerk shall indicate this information in the person's permanent voter file. After two years the county clerk may destroy all documents that were submitted as evidence of citizenship."

SECTION 3. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§11- Security cameras for ballot boxes. The office of elections shall provide 24-hour video surveillance of each ballot drop box and post a sign on or near each ballot drop box indicating that the ballot drop box is under 24-hour video surveillance."

SECTION 4. Section 11-92.1, Hawaii Revised Statutes, is amended to read as follows:

"§11-92.1 Election proclamation; establishment of a new precinct; voter service centers and places of deposit; changes to precinct boundaries. (a) The clerk shall issue a proclamation listing all voter service centers and places of deposit, including the days each voter service center and place of deposit is open and the hours of operations and location of each voter service center and place of deposit, as may have been determined by the clerk as of the proclamation date and whenever a new precinct is established in any representative district. The clerk shall make arrangements for the rental or erection of suitable shelter for the establishment of a voter service center whenever public buildings are not available and shall cause these voter service centers to be equipped with the necessary facilities for lighting, ventilation, and equipment needed for elections on any island. There shall be at least one voter service center per precinct. This proclamation may be issued jointly with the proclamation required in section 11-91.

(b) No change shall be made in the boundaries of any precinct later than 4:30 p.m. on the tenth day before the close of filing for an election.

(c) Notwithstanding subsection (a), and pursuant to section 15-2.5, the clerk is not required to establish voter service centers for precincts affected by natural disasters, as provided in section 15-2.5."

SECTION 5. Section 11-102, Hawaii Revised Statutes, is amended to read as follows:

"§11-102 Procedures for conducting elections by mail. (a) Ballot packages for elections by mail shall include:

(1) An official ballot;

(2) A return identification envelope with postage prepaid;

(3) A secrecy envelope or secrecy sleeve; and

(4) Instructions.

(b) To the extent practicable, the clerk shall mail a ballot package by non-forwardable mail to each registered voter in the county who has requested a ballot so as to enable voters to receive the ballot package at least eighteen days before the election; provided that the State and counties shall not be liable if the ballot package is received fewer than eighteen days before the election. The clerk shall continue mailing ballot packages to voters who register to vote no later than ten days before the date of the election and to voters who update their voter registration address no later than seven days before the date of the election and who have not yet voted; provided that 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 15 with respect to voters requesting to vote by absentee ballot or chapter 15D with respect to uniform military and overseas voters.

(c) The exterior of the envelope containing the ballot package shall include instructions on how to obtain language translation services in Hawaiian and, at a minimum, the five most utilized foreign languages by limited English proficient persons in the State.

(d) The clerks shall determine and provide for voter service centers and places of deposit pursuant to this part and section 11-92.1."

SECTION 6. New statutory material is underscored.

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1704
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII