SB 1030: Election Fraud; Voter Intimidation; Firearms; Dangerous Instruments

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

     SECTION 1.  Section 19-3, Hawaii Revised Statutes, is amended to read as follows:

     "§19-3  Election frauds.  (a)  The following persons shall be deemed guilty of an election fraud:

     (1)  Every person who, directly or indirectly, personally or through another, gives, procures, or lends, or agrees or offers to give, procure, or lend, or who endeavors to procure, any money or office or place of employment or valuable consideration to or for any elector, person for an elector, person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who does any [such] act on account of any person having voted or refrained from voting for any particular person at any election;

     (2)  Every person who advances or pays, or causes to be paid, any money to, or to the use of, any other person, with the intent that the money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election; or who knowingly pays or causes to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election;

     (3)  Every elector who, before, during, or after any election, directly or indirectly, personally or through another, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for oneself or any other person for voting or agreeing to vote, or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party;

     (4)  Every person who, directly or indirectly, personally or through another, makes use of, or threatens to make use of, any force, violence, or restraint; or inflicts or threatens to inflict any injury, damage, or loss in any manner, or in any way practices intimidation upon or against any person in order to induce or compel the person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of the person having voted or refrained from voting, or voted or refrained from voting for any particular person or party; or who by abduction, distress, or any device or contrivance impedes, prevents, or otherwise interferes with the free exercise of the elective franchise; provided that the practice of intimidation as described in this paragraph includes, among other actions, the unconcealed carry of any dangerous instrument, including a firearm, at or within two hundred feet of any voter service center, place of deposit, or polling place;

     (5)  Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who votes or attempts to vote more than once during any election, regardless of whether one of the elections is in a state or territory of the United States outside of Hawaii, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting; provided that a person does not commit an election fraud if the person votes once in Hawaii's primary election and also votes in the primary election of another state or territory during the same year, so long as the person was properly registered to vote in all such elections.  For the purposes of this paragraph, a person is properly registered to vote if the person's residence in the state in which [they are] the person is currently voting was acquired with the intent to make that state [their] the person's legal residence with all the accompanying obligations therein, and if, at the time of voting, that person is registered to vote with the office of elections of the state in which [they are] the person is voting;

     (6)  Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at the election;

     (7)  Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement;

     (8)  Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections who wilfully fails, neglects, or refuses to do or perform the same, or who is guilty of any wilful violation of any of the provisions thereof;

     (9)  Any person wilfully tampering or attempting to tamper with, disarrange, deface, or impair in any manner whatsoever, or destroy, any voting machine while the same is in use at any election, or who, after the machine is locked in order to preserve the registration or record of any election made by the same, tampers or attempts to tamper with any voting machine;

    (10)  Every person who, directly or indirectly, personally or through another, wilfully designs, alters, accesses, or programs any electronic voting system to cause the system to inaccurately record, tally, or report votes cast on the electronic voting system;

    (11)  Every person who assists a voter in the completion of a ballot in violation of section 11-139; and

    (12)  Every person who knowingly broadcasts, televises, circulates, publishes, distributes, or otherwise communicates, including by electronic means or advertisement, false information about the time, date, place, or means of voting with the purpose of impeding, preventing, or otherwise interfering with the free exercise of the elective franchise.

     (b)  For the purposes of this section:

     "Concealed" means, in relation to a dangerous instrument, that the dangerous instrument is entirely hidden from view of the public and not discernable by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the dangerous instrument.

     "Dangerous instrument" has the same meaning as defined in section 707-700.

     "Unconcealed" means not concealed."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

Report Title:

Election Fraud; Voter Intimidation; Firearms; Dangerous Instruments

Description:

Specifies that the practice of election fraud intimidation includes carrying any unconcealed firearm or dangerous instrument at or within two hundred feet of a voter service center, place of deposit, or polling place.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

     SECTION 1.  Section 19-3, Hawaii Revised Statutes, is amended to read as follows:

     "§19-3  Election frauds.  (a)  The following persons shall be deemed guilty of an election fraud:

     (1)  Every person who, directly or indirectly, personally or through another, gives, procures, or lends, or agrees or offers to give, procure, or lend, or who endeavors to procure, any money or office or place of employment or valuable consideration to or for any elector, person for an elector, person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who does any [such] act on account of any person having voted or refrained from voting for any particular person at any election;

     (2)  Every person who advances or pays, or causes to be paid, any money to, or to the use of, any other person, with the intent that the money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election; or who knowingly pays or causes to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election;

     (3)  Every elector who, before, during, or after any election, directly or indirectly, personally or through another, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for oneself or any other person for voting or agreeing to vote, or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party;

     (4)  Every person who, directly or indirectly, personally or through another, makes use of, or threatens to make use of, any force, violence, or restraint; or inflicts or threatens to inflict any injury, damage, or loss in any manner, or in any way practices intimidation upon or against any person in order to induce or compel the person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of the person having voted or refrained from voting, or voted or refrained from voting for any particular person or party; or who by abduction, distress, or any device or contrivance impedes, prevents, or otherwise interferes with the free exercise of the elective franchise; provided that the practice of intimidation as described in this paragraph includes, among other actions, the unconcealed carry of any dangerous instrument at or within two hundred feet of any voter service center, place of deposit, or polling place;

     (5)  Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who votes or attempts to vote more than once during any election, regardless of whether one of the elections is in a state or territory of the United States outside of Hawaii, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting; provided that a person does not commit an election fraud if the person votes once in Hawaii's primary election and also votes in the primary election of another state or territory during the same year, so long as the person was properly registered to vote in all such elections.  For the purposes of this paragraph, a person is properly registered to vote if the person's residence in the state in which [they are] the person is currently voting was acquired with the intent to make that state [their] the person's legal residence with all the accompanying obligations therein, and if, at the time of voting, that person is registered to vote with the office of elections of the state in which [they are] the person is voting;

     (6)  Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at the election;

     (7)  Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement;

     (8)  Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections who wilfully fails, neglects, or refuses to do or perform the same, or who is guilty of any wilful violation of any of the provisions thereof;

     (9)  Any person wilfully tampering or attempting to tamper with, disarrange, deface, or impair in any manner whatsoever, or destroy, any voting machine while the same is in use at any election, or who, after the machine is locked in order to preserve the registration or record of any election made by the same, tampers or attempts to tamper with any voting machine;

    (10)  Every person who, directly or indirectly, personally or through another, wilfully designs, alters, accesses, or programs any electronic voting system to cause the system to inaccurately record, tally, or report votes cast on the electronic voting system;

    (11)  Every person who assists a voter in the completion of a ballot in violation of section 11-139; and

    (12)  Every person who knowingly broadcasts, televises, circulates, publishes, distributes, or otherwise communicates, including by electronic means or advertisement, false information about the time, date, place, or means of voting with the purpose of impeding, preventing, or otherwise interfering with the free exercise of the elective franchise.

     (b)  For the purposes of this section:

     "Concealed" means, in relation to a dangerous instrument, that the dangerous instrument is entirely hidden from view of the public and not discernable by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the dangerous instrument.

     "Dangerous instrument" has the same meaning as defined in section 707-700.

     "Unconcealed" means not concealed."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Election Fraud; Voter Intimidation; Firearms; Dangerous Instruments

Description:

Specifies that the practice of election fraud intimidation includes carrying any unconcealed dangerous instrument, which includes firearms, at or within two hundred feet of a voter service center, place of deposit, or polling place.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

     SECTION 1.  Section 19-3, Hawaii Revised Statutes, is amended to read as follows:

     "§19-3  Election frauds.  (a)  The following persons shall be deemed guilty of an election fraud:

     (1)  Every person who, directly or indirectly, personally or through another, gives, procures, or lends, or agrees or offers to give, procure, or lend, or who endeavors to procure, any money or office or place of employment or valuable consideration to or for any elector, person for an elector, person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who does any [such] act on account of any person having voted or refrained from voting for any particular person at any election;

     (2)  Every person who advances or pays, or causes to be paid, any money to, or to the use of, any other person, with the intent that the money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election; or who knowingly pays or causes to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election;

     (3)  Every elector who, before, during, or after any election, directly or indirectly, personally or through another, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for oneself or any other person for voting or agreeing to vote, or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party;

     (4)  Every person who, directly or indirectly, personally or through another, makes use of, or threatens to make use of, any force, violence, or restraint; or inflicts or threatens to inflict any injury, damage, or loss in any manner, or in any way practices intimidation upon or against any person in order to induce or compel the person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of the person having voted or refrained from voting, or voted or refrained from voting for any particular person or party; or who by abduction, distress, or any device or contrivance impedes, prevents, or otherwise interferes with the free exercise of the elective franchise; provided that the practice of intimidation as described in this paragraph includes, among other actions, the unconcealed carry of any dangerous instrument including a firearm at or within two hundred feet of any voter service center, place of deposit, or polling place;

     (5)  Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who votes or attempts to vote more than once during any election, regardless of whether one of the elections is in a state or territory of the United States outside of Hawaii, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting; provided that a person does not commit an election fraud if the person votes once in Hawaii's primary election and also votes in the primary election of another state or territory during the same year, so long as the person was properly registered to vote in all such elections.  For the purposes of this paragraph, a person is properly registered to vote if the person's residence in the state in which [they are] the person is currently voting was acquired with the intent to make that state [their] the person's legal residence with all the accompanying obligations therein, and if, at the time of voting, that person is registered to vote with the office of elections of the state in which [they are] the person is voting;

     (6)  Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at the election;

     (7)  Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement;

     (8)  Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections who wilfully fails, neglects, or refuses to do or perform the same, or who is guilty of any wilful violation of any of the provisions thereof;

     (9)  Any person wilfully tampering or attempting to tamper with, disarrange, deface, or impair in any manner whatsoever, or destroy, any voting machine while the same is in use at any election, or who, after the machine is locked in order to preserve the registration or record of any election made by the same, tampers or attempts to tamper with any voting machine;

    (10)  Every person who, directly or indirectly, personally or through another, wilfully designs, alters, accesses, or programs any electronic voting system to cause the system to inaccurately record, tally, or report votes cast on the electronic voting system;

    (11)  Every person who assists a voter in the completion of a ballot in violation of section 11-139; and

    (12)  Every person who knowingly broadcasts, televises, circulates, publishes, distributes, or otherwise communicates, including by electronic means or advertisement, false information about the time, date, place, or means of voting with the purpose of impeding, preventing, or otherwise interfering with the free exercise of the elective franchise.

     (b)  For the purposes of this section:

     "Concealed" means, in relation to a dangerous instrument, that the dangerous instrument is entirely hidden from view of the public and not discernable by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the dangerous instrument.

     "Dangerous instrument" has the same meaning as defined in section 707-700.

     "Unconcealed" means not concealed."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

Report Title:

Election Fraud; Voter Intimidation; Firearms; Dangerous Instruments

Description:

Specifies that the practice of election fraud intimidation includes carrying any unconcealed firearm or dangerous instrument at or within two hundred feet of a voter service center, place of deposit, or polling place.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

     SECTION 1.  Section 19-3, Hawaii Revised Statutes, is amended to read as follows:

     "§19-3  Election frauds.  The following persons shall be deemed guilty of an election fraud:

     (1)  Every person who, directly or indirectly, personally or through another, gives, procures, or lends, or agrees or offers to give, procure, or lend, or who endeavors to procure, any money or office or place of employment or valuable consideration to or for any elector, person for an elector, person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who does any such act on account of any person having voted or refrained from voting for any particular person at any election;

     (2)  Every person who advances or pays, or causes to be paid, any money to, or to the use of, any other person, with the intent that the money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election; or who knowingly pays or causes to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election;

     (3)  Every elector who, before, during, or after any election, directly or indirectly, personally or through another, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for oneself or any other person for voting or agreeing to vote, or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party;

     (4)  Every person who, directly or indirectly, personally or through another, makes use of, or threatens to make use of, any force, violence, or restraint; or inflicts or threatens to inflict any injury, damage, or loss in any manner, or in any way practices intimidation upon or against any person in order to induce or compel the person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of the person having voted or refrained from voting, or voted or refrained from voting for any particular person or party; or who by abduction, distress, or any device or contrivance impedes, prevents, or otherwise interferes with the free exercise of the elective franchise; provided that the practice of intimidation as described in this paragraph includes, among other actions, the carrying of any firearm or weapon at or within two hundred feet of any voter service center, place of deposit, or polling place;

     (5)  Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who votes or attempts to vote more than once during any election, regardless of whether one of the elections is in a state or territory of the United States outside of Hawaii, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting; provided that a person does not commit an election fraud if the person votes once in Hawaii's primary election and also votes in the primary election of another state or territory during the same year, so long as the person was properly registered to vote in all such elections.  For the purposes of this paragraph, a person is properly registered to vote if the person's residence in the state in which [they are] the person is currently voting was acquired with the intent to make that state [their] the person's legal residence with all the accompanying obligations therein, and if, at the time of voting, that person is registered to vote with the office of elections of the state in which [they are] the person is voting;

     (6)  Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at the election;

     (7)  Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement;

     (8)  Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections who wilfully fails, neglects, or refuses to do or perform the same, or who is guilty of any wilful violation of any of the provisions thereof;

     (9)  Any person wilfully tampering or attempting to tamper with, disarrange, deface, or impair in any manner whatsoever, or destroy, any voting machine while the same is in use at any election, or who, after the machine is locked in order to preserve the registration or record of any election made by the same, tampers or attempts to tamper with any voting machine;

    (10)  Every person who, directly or indirectly, personally or through another, wilfully designs, alters, accesses, or programs any electronic voting system to cause the system to inaccurately record, tally, or report votes cast on the electronic voting system;

    (11)  Every person who assists a voter in the completion of a ballot in violation of section 11-139; and

    (12)  Every person who knowingly broadcasts, televises, circulates, publishes, distributes, or otherwise communicates, including by electronic means or advertisement, false information about the time, date, place, or means of voting with the purpose of impeding, preventing, or otherwise interfering with the free exercise of the elective franchise."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

Report Title:

Election Fraud; Voter Intimidation; Firearms; Weapons

Description:

Specifies that the practice of election fraud intimidation includes carrying any firearm or weapon at or within two hundred feet of a voter service center, place of deposit, or polling place.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to elections.

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

     SECTION 1.  Section 19-3, Hawaii Revised Statutes, is amended to read as follows:

     "§19-3  Election frauds.  The following persons shall be deemed guilty of an election fraud:

     (1)  Every person who, directly or indirectly, personally or through another, gives, procures, or lends, or agrees or offers to give, procure, or lend, or who endeavors to procure, any money or office or place of employment or valuable consideration to or for any elector, person for an elector, person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who does any such act on account of any person having voted or refrained from voting for any particular person at any election;

     (2)  Every person who advances or pays, or causes to be paid, any money to, or to the use of, any other person, with the intent that the money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election; or who knowingly pays or causes to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election;

     (3)  Every elector who, before, during, or after any election, directly or indirectly, personally or through another, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for oneself or any other person for voting or agreeing to vote, or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party;

     (4)  Every person who, directly or indirectly, personally or through another, makes use of, or threatens to make use of, any force, violence, or restraint; or inflicts or threatens to inflict any injury, damage, or loss in any manner, or in any way practices intimidation upon or against any person in order to induce or compel the person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of the person having voted or refrained from voting, or voted or refrained from voting for any particular person or party; or who by abduction, distress, or any device or contrivance impedes, prevents, or otherwise interferes with the free exercise of the elective franchise; provided that the practice of intimidation as described in this paragraph includes, among other actions, the carrying of any firearm or weapon at or within       feet of any voter service center, place of deposit, or polling place;

     (5)  Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who votes or attempts to vote more than once during any election, regardless of whether one of the elections is in a state or territory of the United States outside of Hawaii, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting; provided that a person does not commit an election fraud if the person votes once in Hawaii's primary election and also votes in the primary election of another state or territory during the same year, so long as the person was properly registered to vote in all such elections.  For the purposes of this paragraph, a person is properly registered to vote if the person's residence in the state in which [they] the person is are currently voting was acquired with the intent to make that state [their] the person's legal residence with all the accompanying obligations therein, and if, at the time of voting, that person is registered to vote with the office of elections of the state in which [they are] the person is voting;

     (6)  Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at the election;

     (7)  Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement;

     (8)  Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections who wilfully fails, neglects, or refuses to do or perform the same, or who is guilty of any wilful violation of any of the provisions thereof;

     (9)  Any person wilfully tampering or attempting to tamper with, disarrange, deface, or impair in any manner whatsoever, or destroy, any voting machine while the same is in use at any election, or who, after the machine is locked in order to preserve the registration or record of any election made by the same, tampers or attempts to tamper with any voting machine;

    (10)  Every person who, directly or indirectly, personally or through another, wilfully designs, alters, accesses, or programs any electronic voting system to cause the system to inaccurately record, tally, or report votes cast on the electronic voting system;

    (11)  Every person who assists a voter in the completion of a ballot in violation of section 11-139; and

    (12)  Every person who knowingly broadcasts, televises, circulates, publishes, distributes, or otherwise communicates, including by electronic means or advertisement, false information about the time, date, place, or means of voting with the purpose of impeding, preventing, or otherwise interfering with the free exercise of the elective franchise."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

Report Title:

Election Fraud; Voter Intimidation; Firearms; Weapons

Description:

Specifies that the practice of election fraud intimidation includes carrying any firearm or weapon at or near a voter service center, place of deposit, or polling place.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

CONFERENCE COMMITTEE REP. NO. 15

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 1030

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1030, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to specify that the practice of election fraud intimidation includes carrying any unconcealed dangerous instrument, which includes firearms, at or within two hundred feet of a voter service center, place of deposit, or polling place.

     Your Committee on Conference finds that due to increased occurrences of gun violence, it is necessary as a matter of public safety to clarify the existing state law on elections fraud and voter intimidation by expressly prohibiting the carrying of any firearm or weapon at or near voting centers and other locations where election ballots are submitted in the State.

     Your Committee on Conference has amended this measure by:

     (1)  Adding language clarifying that the practice of intimidation includes, among other actions, the unconcealed carry of a firearm; and

     (2)  Making it effective upon its approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1030, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1030, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1726

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1030

      S.D. 2

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1030, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

     The purpose of this measure is to specify that the practice of election fraud intimidation includes carrying any unconcealed firearm or dangerous instrument at or within two hundred feet of a voter service center, place of deposit, or polling place.

     Your Committee received testimony in support of this measure from Pride at Work - Hawaiʻi; League of Women Voters of Hawaii; Hawaii State AFL-CIO; and nine individuals.  Your Committee received testimony in opposition to this measure from Hawaii Patriot Republicans and numerous individuals.

     Your Committee finds that this measure safeguards the electoral process for all voters by enhancing protections against election fraud and voter intimidation, particularly by prohibiting the unconcealed carry of dangerous instruments near voting sites.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1030, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1030, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO. 995

Honolulu, Hawaii

RE:    S.B. No. 1030

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1030, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to specify that the practice of election fraud intimidation includes carrying any firearm or weapon at or within two hundred feet of a voter service center, place of deposit, or polling place.

     Your Committee received testimony in support of this measure from Hawaii State AFL-CIO, Pride at Work Hawaiʻi, and four individuals.

     Your Committee received testimony in opposition to this measure from the Hawaiian Islands Republican Women and twenty-one individuals.

     Your Committee finds that it is the goal of the State to ensure that every voter has the capability to exercise their constitutional rights free from intimidation or coercion.  Clear restrictions on carrying firearms or weapons near voter service centers and polling places are essential to preserving the integrity of the State's elections and fostering a secure environment for voters.  This measure will reduce the risk of voter suppression and ensure elections remain a place where every voice is heard without fear or undue influence.

     Your Committee notes that section 134-9.1(a)(11), Hawaii Revised Statutes, prohibits the carrying or possession of a concealed or unconcealed firearm at any voter service center or other polling place in the State.  To ensure that this measure specifically addresses the issue of voter intimidation, your Committee believes that this measure should specify that the dangerous instrument brought to the voter service center, place of deposit, or polling place be unconcealed.

     Accordingly, your Committee has amended this measure by:

     (1)  Specifying that the practice of election fraud intimidation includes carrying any unconcealed firearm or dangerous instrument at or within two hundred feet of a voter service center, place of deposit, or polling place;

     (2)  Defining "concealed" to mean, in relation to a dangerous instrument, that the dangerous instrument is entirely hidden from view of the public and not discernable by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the dangerous instrument;

     (3)  Defining "dangerous instrument" to have the same meaning as defined in section 707-700, Hawaii Revised Statutes;

     (4)  Defining "unconcealed" to mean not concealed; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1030, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1030, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 556

Honolulu, Hawaii

RE:    S.B. No. 1030

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 1030 entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to specify that the practice of election fraud intimidation includes carrying any firearm or weapon at or near a voter service center, place of deposit, or polling place.

     Your Committee received testimony in support of this measure from the Brady Campaign to Prevent Gun Violence, Brady Hawaii, Pride at Work Hawaiʻi, the Hawaii State AFL-CIO, GIFFORDS Law Center to Prevent Violence, and numerous individuals.

     Your Committee received testimony in opposition to this measure from Hawaiian Islands Republican Women, SDM Training Group, Bows N Bullets, and numerous individuals.

     Your Committee received comments on this measure from one individual.

     Your Committee finds that existing state law prohibits certain conduct that would improperly influence the election process, such as the use of force, coercion, bribes, or intimidation to cause a person to cast or refrain from casting a particular vote.  However, the increased occurrence of gun violence in the State necessitates the prohibition of an additional form of voter intimidation that is not explicitly stated in the law, but which constitutes a form of election fraud that happens and must be addressed as a matter of public safety.  This measure addresses this problem by clarifying that the carrying of any firearm or weapon at or near a voter service center, place of deposit, or polling place is a form of intimidation under the existing election frauds law and is a criminal act. 

     Your Committee has amended this measure by:

     (1)  Clarifying that the carrying of any firearm of weapon at or within two hundred feet of any voter service center, place of deposit, or polling place is election fraud intimidation; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1030, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1030, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,