| 47 | | - | SECTION 1. The legislature finds that the boards of registration were created to provide immediate resolution of voter challenges ruled on by precinct officials. However, since the State transitioned to a vote-by-mail model, the number of incidents requiring immediate resolution have significantly declined. The legislature further finds that nearly every decision rendered by a board of registration has been appealed to the state appellate courts. Thus, the process for appealing decisions by precinct officials would be streamlined by removing boards of registration. The legislature further notes, however, that the appellate court may not be able to act in a timely fashion as it requires multiple judges to convene. In this respect, it would be more prudent for an on-call circuit judge to hear elections disputes. Accordingly, the purpose of this Act is to: (1) Allow an on-call circuit judge in the relevant circuit to perform the duties of the board of registration for purposes of hearing elections disputes if the board of registration lacks full membership; and (2) Require the judiciary to designate one or more on-call circuit court judges in each circuit to perform the duties of the board of registration for purposes of hearing elections disputes. SECTION 2. Section 11-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""On-call circuit judge" means a judge of the circuit court who is on call in the respective judicial circuits." SECTION 3. 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 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) 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) 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) 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[.], or relevant circuit court if the board of registration lacks full membership; provided that the judiciary shall designate one or more on-call circuit judges in each circuit." SECTION 4. Section 11-20, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) A voter may contest the transfer on or before election day by presenting evidence that the voter actually resides at the old address which, if found valid by the clerk or the board of registration, or relevant circuit court if the board of registration lacks full membership, shall entitle the voter to be returned to the old voting list[.]; provided that the judiciary shall designate one or more on-call circuit judges in each circuit." SECTION 5. Section 11-22, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) In any case where the clerk refuses to correct the register, the person may appeal to the board of registration, or relevant circuit court if the board of registration lacks full membership, and the register shall be changed upon a written order of the board of registration[,] or circuit court, setting forth the reasons for the change. The order shall be directed to the clerk[.]; provided that the judiciary shall designate one or more on-call circuit judges in each circuit. The clerk, upon receipt of any order from the board of registration[,] or circuit court, shall correct the register according to the terms of the order, making on the register a reference to the order." SECTION 6. Section 11-25, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) Any registered voter may challenge the right of a person to be or to remain registered as a voter in any precinct for any cause not previously decided by the board of registration, or relevant circuit court if the board of registration lacks full membership, or [the supreme court] an appellate court in respect to the same person[.]; provided that the judiciary shall designate one or more on-call circuit judges in each circuit. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the clerk who shall immediately serve notice thereof on the person challenged. The clerk shall, as soon as possible, investigate and rule on the challenge." 2. By amending subsection (c) to read: "(c) If neither the challenger nor the challenged voter appeals the ruling of the clerk, then the voter shall either be allowed to vote or be prevented from voting in accordance with the ruling. If an appeal is taken to the board of registration, or relevant circuit court if the board of registration lacks full membership, the challenged voter shall be allowed to vote; provided that the ballot is placed in a sealed envelope to be later counted or rejected in accordance with the ruling on appeal[.]; provided further that the judiciary shall designate one or more on-call circuit judges in each circuit. The chief election officer shall adopt rules in accordance with chapter 91 to safeguard the secrecy of the challenged voter's ballot." SECTION 7. Section 11-26, Hawaii Revised Statutes, is amended to read as follows: "§11-26 Appeal from ruling on challenge; or failure of clerk to act. (a) In cases where the clerk, or voter service center officials, rules on a challenge on election day, the person ruled against may appeal from the ruling to the board of registration of the person's county, or relevant circuit court if the board of registration lacks full membership, for review under part III[.]; provided that the judiciary shall designate one or more on-call circuit judges in each circuit. The appeal shall be brought before the challenger and challenged party leave the voter service center. If an appeal is brought, both the challenger and the challenged voter may be parties to the appeal. (b) In cases where the clerk rules on a challenge, prior to election day, or refuses to register an applicant, or refuses to change the register under section 11-22, the person ruled against may appeal from the ruling to the board of registration of the person's county[.], or relevant circuit court if the board of registration lacks full membership; provided that the judiciary shall designate one or more on-call circuit judges in each circuit. The appeal shall be brought within ten days of service of the adverse decision. Service of the decision shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the aggrieved person's last known address. If an appeal from a decision on a challenge prior to election day is brought, both the challenger and the challenged voter may be parties to the appeal. (c) The board of registration or relevant circuit court shall hear and determine the appeal as expeditiously as practicable. If the appeal is sustained, the board or court shall immediately certify that finding to the clerk, who shall thereupon alter the register to correspond to the findings of the board[,] or court, and when necessary, the clerk shall notify the voter service center officials of the change in the register." SECTION 8. Chapter 11, Hawaii Revised Statutes, is amended by amending the title of part IV to read as follows: "PART IV. APPEAL FROM BOARD OF REGISTRATION OR RELEVANT CIRCUIT COURT" SECTION 9. Section 11-51, Hawaii Revised Statutes, is amended to read as follows: "§11-51 Appeal from board[.] or relevant circuit court. Any affected person, political party, or any of the county clerks, may appeal to the intermediate appellate court[, subject to chapter 602, in the manner provided for civil appeals from the circuit court]; provided that the appeal is brought no later than 4:30 p.m. on the tenth day after the board or relevant circuit court serves its written decision, including findings of fact and conclusions of law, upon the appellant. This written decision of the board or relevant circuit court shall be a final appealable order. The board or relevant circuit court shall not consider motions for reconsideration. Service upon the appellant shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the appellant's last known address." SECTION 10. Section 11-53, Hawaii Revised Statutes, is amended to read as follows: "§11-53 Decision, notice; action on. Immediately upon rendering a final decision upon any appeal, the court shall notify the board of registration or relevant circuit court from which the appeal was taken; and if the decision reverses the decision of the board[,] or relevant circuit court, the board or relevant circuit court shall immediately order the register to be corrected to conform with the decision." SECTION 11. Section 11-54, Hawaii Revised Statutes, is amended to read as follows: "§11-54 Status pending appeal. In case of an appeal from a decision of any board of registration or relevant circuit court, the name of the person shall be placed or remain upon the register pending the decision of the appellate courts concerning the same. If the person so registered votes at any election before the appeal is decided and acted upon, the ballot of [such] the voter shall be handled in accordance with section 11‑25(c)." SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 14. This Act shall take effect on July 1, 2025. |
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| 47 | + | SECTION 1. The legislature finds that the boards of registration were created to provide immediate resolution of voter challenges ruled on by precinct officials. However, since the State transitioned to a vote-by-mail model, the number of incidents requiring immediate resolution have significantly declined. The legislature further finds that nearly every decision rendered by a board of registration has been appealed to the state appellate courts. Thus, the process for appealing decisions by precinct officials would be streamlined by removing boards of registration. The legislature further notes, however, that the appellate court may not be able to act in a timely fashion as it requires multiple judges to convene. In this respect, it would be more prudent for an on-call circuit judge to hear elections disputes. The purpose of this Act is to replace the boards of registration with an on-call circuit judge for purposes of hearing elections disputes. SECTION 2. Section 11-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""On-call circuit judge" means a judge of the circuit court who is on call in the respective judicial circuits." SECTION 3. 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 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) 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) 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) 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.] on-call circuit judge." SECTION 4. Section 11-20, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) A voter may contest the transfer on or before election day by presenting evidence that the voter actually resides at the old address which, if found valid by the clerk or the [board of registration,] on-call circuit judge, shall entitle the voter to be returned to the old voting list." SECTION 5. Section 11-22, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) In any case where the clerk refuses to correct the register, the person may appeal to the [board of registration] on-call circuit judge and the register shall be changed upon a written order of the [board of registration,] on-call circuit judge, setting forth the reasons for the change. The order shall be directed to the clerk. The clerk, upon receipt of any order from the [board of registration,] on-call circuit judge, shall correct the register according to the terms of the order, making on the register a reference to the order." SECTION 6. Section 11-25, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) Any registered voter may challenge the right of a person to be or to remain registered as a voter in any precinct for any cause not previously decided by the [board of registration] on-call circuit judge or [the supreme court] an appellate court in respect to the same person. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the clerk who shall immediately serve notice thereof on the person challenged. The clerk shall, as soon as possible, investigate and rule on the challenge." 2. By amending subsection (c) to read: "(c) If neither the challenger nor the challenged voter appeals the ruling of the clerk, then the voter shall either be allowed to vote or be prevented from voting in accordance with the ruling. If an appeal is taken to the [board of registration,] on-call circuit judge, the challenged voter shall be allowed to vote; provided that the ballot is placed in a sealed envelope to be later counted or rejected in accordance with the ruling on appeal. The chief election officer shall adopt rules in accordance with chapter 91 to safeguard the secrecy of the challenged voter's ballot." SECTION 7. Section 11-26, Hawaii Revised Statutes, is amended to read as follows: "§11-26 Appeal from ruling on challenge; or failure of clerk to act. (a) In cases where the clerk, or voter service center officials, rules on a challenge on election day, the person ruled against may appeal from the ruling to the [board of registration of the person's county] on-call circuit judge for review [under part III]. The appeal shall be brought before the challenger and challenged party leave the voter service center. If an appeal is brought, both the challenger and the challenged voter may be parties to the appeal. (b) In cases where the clerk rules on a challenge, prior to election day, or refuses to register an applicant, or refuses to change the register under section 11-22, the person ruled against may appeal from the ruling to the [board of registration of the person's county.] on-call circuit judge. The appeal shall be brought within ten days of service of the adverse decision. Service of the decision shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the aggrieved person's last known address. If an appeal from a decision on a challenge prior to election day is brought, both the challenger and the challenged voter may be parties to the appeal. (c) The on-call circuit judge shall hear and determine the appeal as expeditiously as practicable. If the appeal is sustained, the [board] on-call circuit judge shall immediately certify that finding to the clerk, who shall thereupon alter the register to correspond to the findings of the [board,] on-call circuit judge, and when necessary, the clerk shall notify the voter service center officials of the change in the register." SECTION 8. Chapter 11, Hawaii Revised Statutes, is amended by the title of part IV to read as follows: "PART IV. APPEAL FROM [BOARD OF REGISTRATION] ON-CALL CIRCUIT JUDGE" SECTION 9. Section 11-51, Hawaii Revised Statutes, is amended to read as follows: "§11-51 Appeal from [board.] on-call circuit judge. Any affected person, political party, or any of the county clerks, may appeal to the intermediate appellate court[, subject to chapter 602, in the manner provided for civil appeals from the circuit court]; provided that the appeal is brought no later than 4:30 p.m. on the tenth day after the [board] on-call circuit judge serves its written decision, including findings of fact and conclusions of law, upon the appellant. This written decision of the [board] on-call circuit judge shall be a final appealable order. The [board] on-call circuit judge shall not consider motions for reconsideration. Service upon the appellant shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the appellant's last known address." SECTION 10. Section 11-53, Hawaii Revised Statutes, is amended to read as follows: "§11-53 Decision, notice; action on. Immediately upon rendering a final decision upon any appeal, the court shall notify the [board of registration] on-call circuit judge from which the appeal was taken; and if the decision reverses the decision of the [board,] on-call circuit judge the [board] on-call circuit judge shall immediately order the register to be corrected to conform with the decision." SECTION 11. Section 11-54, Hawaii Revised Statutes, is amended to read as follows: "§11-54 Status pending appeal. In case of an appeal from a decision of any [board of registration] on-call circuit judge, the name of the person shall be placed or remain upon the register pending the decision of the appellate courts concerning the same. If the person so registered votes at any election before the appeal is decided and acted upon, the ballot of such voter shall be handled in accordance with section 11-25(c)." SECTION 12. Section 11-96, Hawaii Revised Statutes, is amended to read as follows: "§11-96 Records prima facie evidence. Every record made pursuant to law by [a board of registration of voters, or] the precinct officials, shall be a prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which the same is offered in evidence." SECTION 13. Section 14-22, Hawaii Revised Statutes, is amended to read as follows: "§14-22 Contested nominations of presidential electors and alternates. (a) If more than one certificate of choice and selection of presidential electors and alternate electors of the same political party or group is filed with the chief election officer, as chairperson of the contested presidential electors' committee hereby constituted, the chief election officer shall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and place of the hearing to be held for the purposes of making a determination of which set of electors and alternative electors were lawfully chosen and selected by the political party or group. Notice of the hearing shall be given to the chairperson of the state central committee of each political party and the chairperson of each party or group qualified under section 11-113, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by public notice at least once. A determination shall be made by the committee by majority vote not later than 4:30 p.m. on October 30 of the same year and the determination shall be final. Notice of the results shall be given to the nominees duly determined to have been chosen. (b) The committee shall have [all] the following powers [enumerated in section 11-43.] and authority for: (1) The summoning and examining of witnesses and the maintenance of order, including the power to punish for contempt and award witness fees in accordance with section 621-7, by law given to circuit courts; and (2) The administering of oaths in all cases in which oaths are by law authorized." SECTION 14. Section 19-6, Hawaii Revised Statutes, is amended to read as follows: "§19-6 Misdemeanors. The following persons shall be guilty of a misdemeanor: (1) Any person who offers any bribe or makes any promise of gain, or with knowledge of the same, permits any person to offer any bribe or make any promise of gain for the person's benefit to any voter to induce the voter to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after the signing; (2) Any person who wilfully tears down, destroys, or defaces any election proclamation, poster, notice, facsimile ballot, or election signage issued or posted by authority of law; (3) Any person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness, or color to the official ballot so that it could be cast or counted as an official ballot in an election; (4) Every person who is disorderly or creates a disturbance [whereby any meeting of the board of registration of voters during an election is disturbed or interfered with; or] whereby any person who intends to be lawfully present at any [meeting or] election is prevented from attending; or who causes any disturbance at any election; and every person assisting or aiding or abetting any disturbance; (5) Every person who, either in person or through another, [in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the board of registration of voters, or] in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election; (6) Any person, other than those designated by section 11-132, who remains or loiters within the area set aside for voting as set forth in section 11-132 during the time appointed for voting; (7) Any person, including candidates carrying on any campaign activities within the area described in section 11-132 during the period of time starting one hour before voting opens and ending when voting closes for the purpose of influencing votes. Campaign activities shall include the following: (A) Any distribution, circulation, carrying, holding, posting, or staking of campaign cards, pamphlets, posters, and other literature; (B) The use of public address systems and other public communication media; (C) The use of motor caravans or parades; and (D) The use of entertainment troupes or the free distribution of goods and services; (8) Any person who opens a return envelope containing: (A) An absentee ballot voted under chapter 15 other than those persons authorized to do so under chapter 15; or (B) A ballot voted by mail under part VIIA of chapter 11 other than those persons authorized to do so under part VIIA of chapter 11; (9) Any unauthorized person found in possession of any voting machine or keys thereof; (10) Any person other than the postal service or the clerk as authorized in section 11-109, who sponsors, establishes, or displays a collection receptacle for the purpose of receiving voted mail ballots or ballot return envelopes in an election; and (11) Every person who wilfully violates or fails to obey any of the provisions of law, punishment for which is not otherwise specified in this chapter." SECTION 15. Chapter 11, part III, Hawaii Revised Statutes, is repealed. SECTION 16. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 18. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________ |
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