STATE OF
OFFICE OF ELECTIONS
IMPACT
OF A FELONY CONVICTION AND ONE’S ELECTORAL RIGHTS
The
United States Constitution gives every citizen the right to vote. However, persons sentenced for a felony may
lose some of their rights. The following
information is from Hawaii Revised Statutes § 831‑2.
PERSONS
SENTENCED FOR A FELONY:
1. MAY NOT VOTE in an
Election while committed to imprisonment for a felony.
2. MAY VOTE in an Election:
a. If execution of sentence is suspended
with or without the defendant being placed on probation; or
b. If the defendant is paroled after
commitment to imprisonment (serving time) during the period of suspension or
parole.
CANDIDATES
FOR PUBLIC OFFICE:
1. A person sentenced for a felony may
not become a candidate for or hold public office from the time of the
person's sentence until the person's final discharge.
2. A person sentenced for a felony and
still on probation or parole may not become a candidate for public
office.
3. A person sentenced for a felony must
receive his/her final discharge before he/she is eligible to file nomination
papers (Att. Gen. Ltr. Ops. August 20, 1974 and July 14, 1978).
PERSONS
HOLDING PUBLIC OFFICE:
1. A public office held at the time of
sentence is forfeited:
a. Sentence is in
b. Sentence is in another state or
in a federal court: as of the
date a certification of the sentence from the sentencing court is filed in the
Office of the Lieutenant Governor who shall receive and file it as a public
document.
2. A person convicted of any act, attempt,
or conspiracy to overthrow the state or federal government by force or violence
shall not hold public office or employment.
NOTE: As a reference, this fact sheet is
not to be used as the authority on the law on felony convictions and election
rights. See Section §831‑2, Hawaii
Revised Statutes and Article II, Section 2, Hawaii State Constitution for a
complete and legal basis of the law.
ARTICLE
II
SUFFRAGE
AND ELECTIONS
QUALIFICATIONS
Section 1. Every citizen of the United States who shall
have attained the age of eighteen years, have been a resident of this State not
less than one year next preceding the election and be a voter registered as
provided by law, shall be qualified to vote in any state or local
election. [Am Const Con 1968 and
election Nov 5, 1968; am SB No 41 (1971) and election Nov 7, 1972; Am Const Con
1978 and election Nov 7, 1978]
DISQUALIFICATION
Section 2. No person who is non compos mentis shall be
qualified to vote. No person convicted
of a felony shall be qualified to vote except upon the person’s final discharge
or earlier as provided by law. [Am Const Con 1968 and election Nov 5, 1968; Am
Const Con 1978 and election Nov 7, 1978]
RESIDENCE
Section 3. No person shall be deemed to have gained or
lost residence simply because of the person’s presence or absence while
employed in the service of the United States, or while engaged in navigation or
while a student at any institution of learning. [Am Const Con 1978 and election
Nov 7, 1978]
REGISTRATION;
VOTING
Section 4. The legislature shall provide for the
registration of voters and for absentee voting and shall prescribe the method
of voting at all elections. Secrecy of voting shall be preserved; provided that
no person shall be required to declare a party preference or nonpartisanship as
a condition of voting in any primary or special primary election. Secrecy of
voting and choice of political party affiliation or nonpartisanship shall be
preserved. [Am Const Con 1978 and
election Nov 7, 1978]
CHAPTER
831
UNIFORM
ACT ON STATUS OF
CONVICTED
PERSONS
§831-2
Rights lost. (a) A person sentenced for a felony, from the
time of the person’s sentence until the person’s final discharge, may not:
(1)
Vote
in an election, but if execution of sentence is suspended with or without the
defendant being placed on probation or the defendant is paroled after
commitment to imprisonment, the defendant may vote during the period of the
suspension or parole; or
(2)
Become
a candidate for or hold public office.
(b)
A
public office held at the time of sentence is forfeited as of the date of the
sentence if the sentence is in this State, or, if the sentence is in another
state or in a federal court, as of the date a certification of the sentence
from the sentencing court is filed in the office of the lieutenant governor who
shall receive and file it as a public document.
An appeal or other proceeding taken to set aside or otherwise nullify
the conviction or sentence does not affect the application of this section, but
if the conviction is reversed the defendant shall be resorted to any public
office forfeited under this chapter from the time of the reversal and shall be
entitled to the emoluments thereof form the time of the forfeiture.
(c)
Subsections
(a) and (b) of this section and any other laws to the contrary notwithstanding,
any person convicted of any act, attempt, or conspiracy to overthrow the state
or the federal government by force or violence shall not hold any public office
or employment.
[L
1969, c 250, pt of §1; HRS §716-2; ren L 1972, c 9, pt of §1; am L 1979, c 53,
§2; am imp L 1984, c 90, §1]
§831-3.1 Prior convictions; criminal records;
noncriminal standards. (a) A person
shall not be disqualified from public office or employment by the State or any
of its political subdivisions or agencies except under section 831-2(c), or be
disqualified to practice, pursue, or engage in any occupation, trade, vocation,
profession, or business for which a permit, license, registration, or
certificate is required by the State or any of its political subdivisions or
agencies, solely by reason of a prior conviction of a crime; provided that with
respect to liquor licenses, a person who has been convicted of a felony may be denied a liquor license by the
liquor commission.
* * *
[L
1974, c 205, §2; am L 1975, c 54, §1; am L 1976, c 113, §2; am L 1979, c 53,
§3; am imp L 1984, c 90, §1; am L 1985, c 155, §3 and c 209, §8; am L 1987, c
339, §4; am L 1989, c 74, §2 and c 116, §1; am L 1993, c 40, §2]
This Factsheet is
intended for informational purposes only and should not be used as an authority
on the
Office of
Elections
Phone: 808-453-VOTE(8683)
Office of
Elections - FSVS509D
January
2010