Hawaii 2024 Regular Session

Hawaii Senate Bill SB3353 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 3353 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to elections. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 3353
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to elections.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the statutory criteria for determining residency under the elections laws of the State is formulated to be consistent with the common law concept of domicile. Under both, a person establishes a new residence only when the person is physically present at the new location while concurrently holding the intent to make, at that moment, that new location the person's new permanent residence. Since both elements physical presence and present intention are required to establish a new residence, a person's absence from an established residence does not destroy it, so long as there is no present intention to reside in the other location. The legislature further finds, however, that under the statutory criteria and common law, an absence may be for a prolonged period of time, if the person continuously lacks the requisite intention to make another location a permanent residence. The legislature is concerned that there are situations where a person is allowed to vote by simply claiming to be absent, while simultaneously living in another singular location for a prolonged duration. The legislature does recognize that there may be bona fide, but rare, instances in which a person has multiple successive temporary absences that collectively span a prolonged period of time. Nonetheless, the ability of a person, who spends a prolonged absence in another singular location, to vote adequately highlights the need to clarify the statutory criteria for determining residency under the State's elections laws. Accordingly, the purpose of this Act is to, under the criteria for determining residency for election purposes, establish a rebuttable presumption that a person has established a new residence in a place if that person has been absent for a prolonged period of time during which the person has only been in one place. SECTION 2. Section 11-13, Hawaii Revised Statutes, is amended to read as follows: "§11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse. The following rules shall determine residency for election purposes only: (1) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is temporarily absent, the person has the intention to return; (2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person's permanent dwelling place within such precinct; (3) If a person resides with the person's family in one place, and does business in another, the former is the person's place of residence; but any person having a family, who establishes the person's dwelling place other than with the person's family, with the intention of remaining there shall be considered a resident where the person has established such dwelling place; (4) The mere intention to acquire a new residence without physical presence at such place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish such place as the person's residence; (5) If a person has been absent for a prolonged period of time during which the person has only been in one place, there shall be a rebuttable presumption that the person intended to establish the person's permanent dwelling place and has established a new residence at that place; [(5)] (6) A person does not gain or lose a residence solely by reason of the person's presence or absence while employed in the service of the United States or of this State, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in a prison; [(6)] (7) No member of the armed forces of the United States, the member's spouse or the member's dependent is a resident of this State solely by reason of being stationed in the State; and [(7)] (8) A person loses the person's residence in this State if the person votes in an election held in another state by absentee ballot or in person. In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the statutory criteria for determining residency under the elections laws of the State is formulated to be consistent with the common law concept of domicile. Under both, a person establishes a new residence only when the person is physically present at the new location while concurrently holding the intent to make, at that moment, that new location the person's new permanent residence. Since both elements physical presence and present intention are required to establish a new residence, a person's absence from an established residence does not destroy it, so long as there is no present intention to reside in the other location.
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51	51	The legislature further finds, however, that under the statutory criteria and common law, an absence may be for a prolonged period of time, if the person continuously lacks the requisite intention to make another location a permanent residence. The legislature is concerned that there are situations where a person is allowed to vote by simply claiming to be absent, while simultaneously living in another singular location for a prolonged duration. The legislature does recognize that there may be bona fide, but rare, instances in which a person has multiple successive temporary absences that collectively span a prolonged period of time. Nonetheless, the ability of a person, who spends a prolonged absence in another singular location, to vote adequately highlights the need to clarify the statutory criteria for determining residency under the State's elections laws.
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53	53	Accordingly, the purpose of this Act is to, under the criteria for determining residency for election purposes, establish a rebuttable presumption that a person has established a new residence in a place if that person has been absent for a prolonged period of time during which the person has only been in one place.
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55	55	SECTION 2. Section 11-13, Hawaii Revised Statutes, is amended to read as follows:
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57	57	"§11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse. The following rules shall determine residency for election purposes only:
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59	59	(1) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is temporarily absent, the person has the intention to return;
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61	61	(2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person's permanent dwelling place within such precinct;
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63	63	(3) If a person resides with the person's family in one place, and does business in another, the former is the person's place of residence; but any person having a family, who establishes the person's dwelling place other than with the person's family, with the intention of remaining there shall be considered a resident where the person has established such dwelling place;
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65	65	(4) The mere intention to acquire a new residence without physical presence at such place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish such place as the person's residence;
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67	67	(5) If a person has been absent for a prolonged period of time during which the person has only been in one place, there shall be a rebuttable presumption that the person intended to establish the person's permanent dwelling place and has established a new residence at that place;
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69	69	[(5)] (6) A person does not gain or lose a residence solely by reason of the person's presence or absence while employed in the service of the United States or of this State, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in a prison;
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71	71	[(6)] (7) No member of the armed forces of the United States, the member's spouse or the member's dependent is a resident of this State solely by reason of being stationed in the State; and
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73	73	[(7)] (8) A person loses the person's residence in this State if the person votes in an election held in another state by absentee ballot or in person.
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75	75	In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter."
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77	77	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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79	79	SECTION 4. This Act shall take effect upon its approval.
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83	83	INTRODUCED BY: _____________________________
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85	85	INTRODUCED BY:
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93	93	Report Title: Elections; Residency; Rebuttable Presumption; Prolonged Absence Description: Establishes a rebuttable presumption that a person established a new residence in a place if that person has been absent for a prolonged period of time during which the person has only been in one place. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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103	103	Report Title:
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105	105	Elections; Residency; Rebuttable Presumption; Prolonged Absence
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109	109	Description:
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111	111	Establishes a rebuttable presumption that a person established a new residence in a place if that person has been absent for a prolonged period of time during which the person has only been in one place.
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119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.