SB 2831: Elections; Motor Vehicle Permits and Licenses; Identification Cards

THE SENATE	S.B. NO.	2831
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO VOTING.

 

 

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

 

     SECTION 1.  The legislature finds that every eligible person should be able to register to vote in a convenient and secure manner that benefits both new voters and election administrators.  Improving voter registration processes can help ensure state election systems remain secure and efficient, safeguard the integrity of votes, and reduce administrative costs.

     The legislature further finds that, in 2021, Hawaii established automatic voter registration to address the State's historically low voter participation rates.  However, the system implemented was an opt-in model that places the burden of registration on individual voters, which fails to fully capture the State's potential population of new voters.

     Accordingly, the purpose of this Act is to improve Hawaii's voter participation rate by strengthening the State's automatic voter registration program.

     SECTION 2.  Section 11-15.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-15.5[]]  Duties of all state agencies; voter registration.  (a)  Each state agency that deals with the public shall make available to each member of the public eighteen years of age or older an application in the form of an affidavit for voter registration pursuant to section 11-15.  The application shall be available by mail, online, or in person depending on the manner in which the agency's services are requested by the person.  The form of the application may be identical to that described and found in public telephone directories.

     (b)  Any state agency may be designated by the office of elections to implement automatic voter registration if the agency collects, processes, or stores the following information as part of providing assistance or services:  name, residential address, date of birth, and proof of United States citizenship or external verification of United States citizenship.  An eligible agency may establish and implement, upon approval from the office of elections, a procedure to automatically and electronically transmit a person's voter registration information to the clerk of the county in which the person resides.  Every eligible agency shall comply with the requirements in section 11-15.7, to the extent applicable as determined by the office of elections."

     SECTION 3.  Section 11-15.7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-15.7[]]  Automatic registration[.] and preregistration.  (a)  [An application for voter registration shall be a part of the application for issuance of an identification card under section 286-303 and the application for issuance of a driver's license under section 286-111.  Applications for an identification card or driver's license shall not be processed until the applicant completes the portion of the application related to voter registration and indicates the applicant's choice of whether to register to vote.  If already registered to vote, the applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.]

     The submission of the application for the issuance of [an identification] a new, renewed, or duplicate:

     (1)  Instruction permit under section 286-110, 286-111, or 286-117;

     (2)  Provisional license under section 286-111 or 286-117;

     (3)  Driver's license under section 286-107, 286-111, or 286-117; or

     (4)  Identification card under section 286-303 [or the application for a driver's license under section 286-111],

shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register or preregister, pursuant to section 11-12(b), the applicant as a voter if the applicant [made such a choice or to make changes to the applicant's voter registration information unless the applicant declined such changes.] is of sufficient age to register or preregister to vote, has provided a Hawaii residence address, and has presented documentation demonstrating United States citizenship.

     (b)  The examiner of drivers shall electronically transmit the [necessary] following information to the clerk of the county in which the applicant resides[, election officials, and the online voter registration system pursuant to subsection (c).

     The examiner of drivers shall not transmit any information necessary to register an applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the applicant's voter registration information if the applicant declined such changes.]:

     (1)  The applicant's name;

     (2)  The applicant's date of birth;

     (3)  The instruction permit, provisional license, driver's license, or state identification number of the applicant;

     (4)  The applicant's residence address and mailing address, if different from the residence address;

     (5)  The applicant's county of residence;

     (6)  The applicant's citizenship status;

     (7)  The applicant's signature as a digitized image;

     (8)  The last four digits of the applicant's social security number, if available;

     (9)  The applicant's telephone number, if available; and

    (10)  The applicant's electronic mail address, if available.

     (c)  The examiner of drivers shall not transmit any information [related to a voter application or changes to the applicant's voter registration information if] under this section unless the applicant presents a document demonstrating [a lack] proof of United States citizenship[.], or records maintained by the examiner of drivers conclusively indicate that the applicant provided documentation demonstrating United States citizenship as part of a previous transaction.  If the applicant provides documentation indicating that the applicant is not a United States citizen, the applicant's information shall not be transmitted and the applicant shall not be offered a voter registration or preregistration opportunity.  If the documents provided by the applicant do not provide sufficient information to verify citizenship status, or if the examiner of drivers is unable to verify that proof of citizenship was presented during a previous transaction, the examiner of drivers shall provide information during the transaction regarding voter registration or preregistration and eligibility criteria, including instructions that the applicant may only register or preregister to vote if the applicant is a United States citizen.

     [(b)] (d)  Upon receipt of the [completed voter registration application or changes to the] applicant's voter registration or preregistration information transmitted from the examiner of drivers, the clerk shall review and [either approve or reject the voter registration application in accordance with this part; provided that approved] determine whether the applicant is currently registered or preregistered in the online voter registration system.  If the applicant is not currently registered or preregistered, the clerk shall mail a notice to the applicant pursuant to subsection (e).  If the applicant is currently registered or preregistered, the clerk shall compare the information transmitted from the examiner of drivers to the applicant's voter registration or preregistration information.  If the information transmitted differs from the applicant's voter registration or preregistration information, the clerk shall mail a notice to the applicant pursuant to subsection (e).  Approved voter registration applications received from the examiner of drivers pursuant to this section shall be treated as having a valid signature for purposes of section 11‑15(c), whether transmitted electronically or by facsimile transmission.  [Upon the clerk's approval of the voter registration application or any changes to the voter registration information,] Voter registration or preregistration records created under this section shall be exempt from disclosure for twenty-one days after the mailing of the notice under subsection (e).

     (e)  Upon determining that an applicant is not currently registered or preregistered in the online voter registration system or an applicant's voter registration or preregistration information differs from the information transmitted from the examiner of drivers under this section, the clerk shall promptly mail the applicant a notice that contains a postage prepaid, pre-addressed return form by which the applicant may decline to be registered or preregistered to vote or have the applicant's voter registration or preregistration information updated.  The notice shall also include instructions for applicants who request confidentiality under section 11-14.5 or request large-print ballots.

     (f)  If an applicant returns the form declining to be registered or preregistered to vote, the applicant's voter registration or preregistration shall be canceled, and the applicant shall be deemed to have never registered or preregistered to vote; provided that if the applicant votes in an election after the transfer of the applicant's voter registration information but before the form declining to be registered to vote is returned, the returned form shall be of no force and effect and the applicant shall be deemed registered to vote as of the date of the applicant's qualifying transaction with the examiner of drivers.  If an applicant returns the form declining to have the applicant's voter registration or preregistration information updated, the applicant's voter registration or preregistration information shall not be updated.

     If the applicant does not decline voter registration or preregistration or to have the applicant's voter registration or preregistration information updated within the period prescribed by the office of elections, the clerk shall proceed to number the application and register the name of the [voter] applicant in the general county register as provided in section 11‑14, preregister the applicant as provided in section 11-12(b), or [make approved changes to the voter's] update the applicant's existing voter registration or preregistration information as applicable.  The date of registration or preregistration shall be the date of the applicant's qualifying transaction with the examiner of drivers.

     [(c)] (g)  Databases maintained or operated by the counties or [the] department of transportation containing instruction permit, provisional license, driver's license, or identification card information, including any documents or images, shall be accessible and provided electronically to election officials and the online voter registration system to allow for the timely processing of voter applications, ensure the integrity of the voter registration polls, and for any other voter registration, preregistration, or election purposes, as determined by the director of transportation.

     (h)  Any applicant who submits a qualifying application under this section that is dated during the twenty-one days before an election shall be provided, at the time of application, with a notice advising the applicant of the procedures to register to vote on election day.

     (i)  An otherwise eligible applicant who declines to register or preregister to vote or update the applicant's voter registration or preregistration information shall be offered a new opportunity to register or preregister to vote or update the applicant's voter registration or preregistration information with each qualifying application submitted under this section.

     (j)  Records of applicants who are ineligible to register or preregister to vote or who declined voter registration or preregistration shall be exempt from disclosure under chapter 92F because disclosure would constitute a clearly unwarranted invasion of personal privacy.

     (k)  Unless an ineligible applicant wilfully and knowingly takes affirmative steps to register or preregister to vote knowing that the applicant is not eligible to vote or preregister to vote, the record and signature of the ineligible applicant that is transmitted under this section shall not constitute a completed voter registration application, and that applicant shall not be considered to have affirmatively registered or preregistered to vote.

     (l)  Nothing in this section shall be construed to:

     (1)  Amend the substantive qualifications for voter registration or preregistration in the State;

     (2)  Require documentary proof of citizenship for voter registration or preregistration;

     (3)  Require the examiner of drivers to maintain or validate official records of voter registration or preregistration; or

     (4)  Authorize the examiner of drivers to request documentation establishing an applicant's citizenship solely for the purposes of voter registration or preregistration."

     SECTION 4.  Section 286-107, Hawaii Revised Statutes, is amended to read as follows:

     "§286-107  License renewals; procedures and requirements.  (a)  The examiner of drivers may accept an application for a renewal of a driver's license made [not] no more than six months [prior to] before the date of expiration.

     If[, however,] the renewal is not applied for within ninety days after the expiration of the license, the applicant for renewal shall be treated as an applicant for a new license and examined as provided in section 286-108.

     (b)  Except as otherwise provided in subsection (c), an applicant for a renewal of a driver's license under this section, or the reactivation of an expired license under section 286-107.5(a), shall appear in person before the examiner of drivers and the examiner of drivers shall administer [such] any physical examinations [as] that the state director of transportation deems necessary to determine the applicant's fitness to continue to operate a motor vehicle.

     (c)  Any person who holds a category (1), (2), or (3) license issued under this part may apply for a renewal of the license online via any electronic or digital means provided by the examiner of drivers, or by mail, if the person is not disqualified from renewing the license under subsection (a), except as provided under subsection (h).  The applicant's request to have the license renewed by mail must be received by the examiner of drivers within ninety days after the expiration of the license or it shall be treated as an application for reactivation of an expired license under section 286-107.5.  The examiner of drivers shall, upon receipt of the request, furnish the applicant with all necessary forms and instructions.  An application for renewal made by electronic or digital means or by mail pursuant to this subsection shall be accompanied by a statement from a licensed physician, physician assistant, or advanced practice registered nurse certifying that the applicant was examined by the licensed physician, physician assistant, or advanced practice registered nurse no more than six months before the expiration date of the applicant's license and that the applicant was found by the examination to have met the physical requirements established by the state director of transportation for the renewal of licenses.  The application for renewal by electronic or digital means or by mail shall also be accompanied by:

     (1)  A notarized statement of the applicant certifying that the applicant does not possess any valid license to operate the same or similar category or categories of motor vehicles, issued by another licensing authority (unless the license is concurrently surrendered); and

     (2)  Any other information as may be required by the examiner of drivers that is reasonably necessary to confirm the identity of the applicant and the applicant's fitness to continue to operate a motor vehicle.

     (d)  An applicant for a renewal of the applicant's driver's license, whether applying pursuant to subsections (b) or (c), shall pay the fee determined by the council of the appropriate county.  Payment of the fee shall be by certified check or money order, tendered together with the application.

     (e)  No driver's license shall be renewed by the examiner of drivers unless:

     (1)  The examiner of drivers is satisfied of the applicant's fitness to continue to operate a motor vehicle;

     (2)  The fee required by subsection (d) is tendered together with the application for renewal;

     (3)  The applicant complies with section 286-102.5; and

     (4)  The examiner of drivers is satisfied that the applicant does not have outstanding charges and fines relating to the disposition of an abandoned vehicle.

     (f)  No driver's license shall be renewable by electronic or digital means or by mail:

     (1)  For more than two consecutive renewals, regardless of whether the license expires, as provided under section 286-106, on the eighth or fourth birthday after issuance; or

     (2)  [Sixteen] When sixteen years have lapsed since the applicant had appeared in person;

provided that this subsection shall not apply to a resident military person or that person's immediate family if the resident military person resides outside the State on official military orders.

     (g)  Notwithstanding subsection (a), any applicant for a renewal of a driver's license who is a member of any component of the United States armed forces and who is on active federal service outside of the State at the time the applicant's license should be renewed, may file an application for a renewal of the driver's license, which shall be accompanied by verification of federal active service outside the State as required by the examiner of drivers, within ninety days of the applicant's return to the State or discharge from hospitalization.  The examiner of drivers may waive the reactivation fee otherwise required by section 286-107.5.

     (h)  The state director of transportation shall adopt rules [and regulations] pursuant to chapter 91[,] necessary for the purposes of this section, including rules [and regulations] governing the effect to be given to convictions for violations of traffic laws of a foreign jurisdiction[,] upon license renewal procedures.

     (i)  An application for a renewal of a driver's license shall serve as a voter registration application for eligible applicants under the procedures prescribed in section 11-15.7.  The examiner of drivers shall consult with the office of elections to ensure that the form contains spaces for all information required to register to vote."

     SECTION 5.  Section 286-110, Hawaii Revised Statutes, is amended to read as follows:

     "§286-110  Instruction permits.  (a)  Any person aged fifteen years and six months or more who, except for the person's lack of instruction in operating a motor vehicle, would be qualified to obtain a driver's license issued under this part may apply for a temporary instruction permit or a limited purpose instruction permit at the office of the examiner of drivers in the county in which the applicant resides; provided that the applicant complies with section 286-102.5.

     (b)  No person shall be issued a motorcycle instruction permit unless the person successfully completes a basic motorcycle rider course approved by the department of transportation.

     (c)  The examiner of drivers shall examine every applicant for an instruction permit.  The examination shall include tests of the applicant's:

     (1)  Eyesight and other physical or mental capabilities to determine if the applicant is capable of operating a motor vehicle;

     (2)  Understanding of highway signs regulating, warning, and directing traffic; and

     (3)  Knowledge of the traffic laws, ordinances, or regulations of the State and the county where the applicant resides or intends to operate a motor vehicle.

     (d)  If the examiner of drivers is satisfied that the applicant is qualified to receive an instruction permit, the examiner of drivers shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle upon the highways for a period of one year; provided that:

     (1)  An applicant who is registered in a driver training course shall be issued a temporary instruction permit for the duration of the course and the termination date of the course shall be entered on the permit; and

     (2)  If the applicant is a legal immigrant, the permit shall expire no later than the applicant's authorized period of stay in the United States.

     A person who is not licensed to operate the category of motor vehicles to which the driving training course applies shall not operate a motor vehicle in connection with the driving training course without a valid temporary instruction permit unless it is a motorcycle that is being used for training purposes on an enclosed state certified training range as provided under administrative rules.

     (e)  Except when operating a motor scooter or motorcycle, the holder of an instruction permit shall be accompanied by a person who is twenty-one years of age or older and licensed to operate the category of motor vehicles in which the motor vehicle that is being operated belongs.  The licensed person shall occupy a passenger seat beside the permit holder while the motor vehicle is being operated; provided that if the holder of the instruction permit is under the age of eighteen years and is driving between the hours of 11:00 p.m. and 5:00 a.m.:

     (1)  A licensed driver who is the permit holder's parent or guardian shall occupy a passenger seat beside the driver while the motor vehicle is operated, unless the permit holder is an emancipated minor;

     (2)  The licensed driver shall be licensed to operate the same category of motor vehicles as the motor vehicle being operated by the holder of the instruction permit; and

     (3)  All occupants of the motor vehicle shall be restrained by a seat belt assembly or a child passenger safety restraint system as required under sections 291-11.5 and 291-11.6, notwithstanding any other law to the contrary.

     (f)  No holder of a temporary instruction permit shall operate a motorcycle or a motor scooter during hours of darkness or carry any passengers.

     (g)  No holder of a category 1 or 2 temporary instruction permit shall have the permit renewed, nor shall the holder be issued another temporary instruction permit for the same purpose, unless the holder has taken the examination for a category 1 or 2 license at least once before the expiration of the temporary instruction permit.  If the holder of a temporary instruction permit fails to meet the requirements of this section, the holder shall not be permitted to apply for another category 1 or 2 temporary instruction permit for a period of three months.  Nothing in this subsection shall affect the right and privilege of any holder of a category 1 or 2 temporary instruction permit to obtain a temporary instruction permit or driver's license for the operation of any other type of motor vehicle.

     (h)  The examiner of drivers may accept an application for renewal of an instruction permit no more than thirty days before or ninety days after the expiration date of the instruction permit, whereupon the applicant for renewal of an instruction permit shall be exempt from subsection (c)(2) and (3).  If an application for renewal of an instruction permit is not made within ninety days after the expiration date of the permit, the applicant shall be treated as applying for a new instruction permit and examined in accordance with subsection (c).

     (i)  Notwithstanding any other law to the contrary, the examiner of drivers may issue an instruction permit to an applicant with a disability who has completed a medical review with [this] the State[,] and, as a condition to licensure, is required to pass a road test, but has failed the road test on the applicant's first attempt.  The instruction permit issued under this subsection may be renewed no more than thirty days before or ninety days after the expiration date of the instruction permit upon receiving an updated medical report.  Subsection (c)(2) and (3) shall not apply to the issuance or renewal of an instruction permit issued under this subsection.

     For the purposes of this subsection, "applicant with a disability" means an applicant who the examiner of drivers has reasonable cause to believe may have a mental or physical infirmity or disability that would make it unsafe to operate a motor vehicle pursuant to section 286-119(a)(1) and has been medically evaluated by the medical advisory board established pursuant to section 286-4.1.

     (j)  An application for a new or renewed instruction permit shall serve as a voter registration application for eligible applicants under the procedures prescribed in section 11-15.7.  The examiner of drivers shall consult with the office of elections to ensure that the form contains spaces for all information required to register or preregister to vote."

     SECTION 6.  Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  An application for [a] an instruction permit, provisional license, or driver's license shall [include the] serve as a voter registration application [required under] for eligible applicants under the procedures prescribed in section 11-15.7.  The examiner of drivers shall consult with the office of elections to ensure that the form contains spaces for all information required to register or preregister to vote."

     SECTION 7.  Section 286-111.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§286-111.5[]]  Voter registration[.] and preregistration.  (a)  A qualified applicant for a new [or], renewed, or duplicate motor vehicle instruction permit, provisional license, or driver's license shall automatically be registered or preregistered to vote with the clerk of the appropriate county upon completion of the instruction permit, provisional license, or driver's license application and [application for voter registration as required in] confirmation of eligibility pursuant to section 11-15.7 [if the qualified applicant makes a choice to register to vote on the application form.  If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.

     (b)  The submission of the application for voter registration together with the license or permit application shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes.  The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c).

     The examiner of drivers shall not transmit any information necessary to register a qualified applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the qualified applicant's voter registration information if the applicant declined such changes.  The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information if the applicant presents a document demonstrating a lack of United States citizenship.

     (c)  For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law]."

     SECTION 8.  Section 286-117, Hawaii Revised Statutes, is amended to read as follows:

     "§286-117  Duplicate instruction permits, provisional licenses, and driver's licenses.  [[](a)[]]  The holder of an instruction permit, provisional license, or driver's license may, upon payment of the reasonable cost of its issuance, obtain a duplicate[;] instruction permit, provisional license, or driver's license; provided that the holder shall surrender the original instruction permit, provisional license, or driver's license or furnish satisfactory proof of loss or destruction of the same.

     [[](b)[]]  The chief of police or a police officer shall notify a holder that the holder's instruction permit, provisional license, or driver's license is illegible and that the holder shall within ten days surrender the holder's instruction permit, provisional license, or driver's license and apply for a duplicate[.] instruction permit, provisional license, or driver's license.  Upon failure to comply with a notice to surrender an illegible instruction permit, provisional license, or driver's license and apply for a duplicate[,] instruction permit, provisional license, or driver's license, the person to whom the permit or license is issued shall be subject to the penalties in section 286-136.

     (c)  An application for a duplicate instruction permit, provisional license, or driver's license shall serve as a voter registration application for eligible applicants under the procedures prescribed in section 11-15.7.  The examiner of drivers shall consult with the office of elections to ensure that the form contains spaces for all information required to register or preregister to vote."

     SECTION 9.  Section 286-303, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  An application for [an] a new, renewed, or duplicate identification card from the examiner of drivers shall [include the] serve as a voter registration application [required under] for eligible applicants under the procedures prescribed in section 11-15.7.  The director shall consult with the office of elections to ensure that the form contains spaces for all information required to register or preregister to vote."

     SECTION 10.  Section 286-303.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§286-303.5[]]  Voter registration.  [(a)]  A qualified applicant for a new, [renewal,] renewed, or duplicate identification card shall automatically be registered or preregistered to vote with the clerk of the appropriate county upon completion of an application for an identification card and [the application for voter registration as required by] confirmation of eligibility pursuant to section 11-15.7 [if the qualified applicant makes a choice to be registered to vote.  If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.

     (b)  The submission of the application for voter registration together with the application for the identification card shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes.  The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c).

     The examiner of drivers shall not transmit any information necessary to register a qualified applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the qualified applicant's voter registration information if the applicant declined such changes.  The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information if the applicant presents a document demonstrating a lack of United States citizenship.

     (c)  For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law]."

     SECTION 11.  Section 286-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  All information and records acquired by the examiner of drivers under this part shall be confidential; provided that the examiner may transmit voter registration information as required under sections 11-15.7, 286-107, 286-110, 286-111, 286-111.5, 286-117, 286-303, and 286-303.5[, 286-111, and 286-303].  All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the examiner.  The information shall be available only to authorized individuals under restrictions as the director shall prescribe.  The examiner may dispose of any application or identification card, or information or record relating to the application or identification card, that does not include a social security number, without regard to chapter 94, whenever, in the examiner's discretion, retention of the information or record is no longer required or practicable."

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on January 30, 2027.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Elections; Motor Vehicle Permits and Licenses; Identification Cards

 

Description:

Authorizes state agencies to implement automatic voter registration if designated by the Office of Elections.  Requires eligible applicants for instruction permits, provisional licenses, driver's licenses, and identification cards to be automatically registered or preregistered to vote unless the applicant opts out.

 

 

 

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