Haw. Rev. Stat. § 11 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11
‑3 Application of chapter.
Status: in_force

§ 11‑3 Application of chapter. This chapter shall apply to all elections, primary, special primary, general, special general, special, or county, held in the State, under all voting systems used within the State, so far as applicable and not inconsistent herewith.
Haw. Rev. Stat. § 11-15.2 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-15.2
Same day in-person registration.
Status: in_force

(a) Notwithstanding the closing of the general county register pursuant to section 11-24, a person who is not registered to vote may register by appearing in person at any voter service center on or before election day or register electronically pursuant to section 11-15.3.

(b) The clerk shall designate a registration clerk at each voter service center who shall process applications for any person who submits a signed affidavit in accordance with section 11-15, which shall include a sworn affirmation:

(1) Of the person's qualification to vote;

(2) Acknowledging that the person has not voted and will not attempt to vote again in that election, and has not cast and will not cast any absentee ballot pursuant to chapter 15 in that election; and

(3) Acknowledging that providing false information may result in a class C felony, punishable by a fine not exceeding $10,000 or imprisonment not exceeding five years, or both.

(c) The registration clerk may accept, as prima facie evidence, the allegation of the person in the application regarding the person's residence in accordance with section 11-15(b), unless the allegation is contested by a qualified voter. The registration clerk may demand that the person furnish substantiating evidence to the other allegations of the person's application in accordance with section 11-15(b). If additional time or information is required to validate an application, the applicant shall be provided a provisional ballot. [L 2014, c 166, §1; am L 2019, c 136, §6; am L 2021, c 213, §6]
Haw. Rev. Stat. § 12-3 — HI Code / Division 1 / Title 2 / Chapter 12 / Section 12-3
Nomination paper; format; limitations.
Status: in_force

[Section effective until December 31, 2027. For section effective January 1, 2028, see below.] (a) No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed on the candidate's behalf and in the name by which the candidate is commonly known. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:

(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;

(2) A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;

(3) The residence address and county in which the candidate resides;

(4) The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk prior to releasing the form to the candidate;

(5) Space for the name, signature, month and date portions of the date of birth, and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that a voter's social security number or any portion thereof and the year portion of the voter's date of birth shall not be required;

(6) A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;

(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;

(8) For candidates seeking elective county office, a sworn certification by self-subscribing oath by the candidate that the candidate has complied with the relevant provisions of the applicable county charter and county ordinances pertaining to elected officials;

(9) A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Hawaii State Constitution;

(10) A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and

(11) The name the candidate wishes to be printed on the ballot and the mailing address of the candidate.

(b) Signatures of registered voters shall not be counted, unless they are upon the nomination paper having the format set forth above, written or printed thereon, and if there are separate sheets to be attached to the nomination paper, the sheets shall have the name of the candidate, the candidate's party affiliation or nonpartisanship, and the office and district for which the candidate is running placed thereon by the chief election officer or the clerk. The nomination paper and separate sheets shall be provided by the chief election officer or the clerk.

(c) Nomination papers shall not be filed in behalf of any person for more than one party or for more than one office; nor shall any person file nomination papers both as a party candidate and as a nonpartisan candidate.

(d) The office and district for which the candidate is running, the candidate's name, and the candidate's party affiliation or nonpartisanship may not be changed from that indicated on the nomination paper and separate sheets. If the candidate wishes to run for an office or district different from that for which the nomination paper states or under a different party affiliation or nonpartisanship, the candidate may request the appropriate nomination paper from the chief election officer or clerk and have it signed by the required number of registered voters.

(e) Nomination papers that contain alterations or changes made by anyone other than the chief election officer or the clerk to the candidate's information, the candidate's party affiliation or nonpartisanship, the office to which the candidate seeks nomination, or the oath of loyalty or affirmation, after the nomination paper was issued by the chief election officer or clerk, shall be void and will not be accepted for filing by the chief election officer or clerk.

(f) Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(b); am L 1975, c 36, §2(2); am L 1979, c 139, §6; am L 1980, c 264, §2; am L 1983, c 34, §19; am L 1997, c 288, §1; am L 2005, c 13, §1; am L 2011, c 157, §1 and c 159, §3; am L 2019, c 22, §1]

§12-3 Nomination paper; format; limitations. [Section effective January 1, 2028. For section effective until December 31, 2027, see above.] (a) No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed on the candidate's behalf and in the name by which the candidate is commonly known. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:

(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;

(2) A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;

(3) The residence address and county in which the candidate resides;

(4) The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk before releasing the form to the candidate;

(5) Space for the name, signature, month and date portions of the date of birth, and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that a voter's social security number or any portion thereof and the year portion of the voter's date of birth shall not be required;

(6) A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;

(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;

(8) For candidates seeking elective county office, a sworn certification by self-subscribing oath by the candidate that the candidate has complied with the relevant provisions of the applicable county charter and county ordinances pertaining to elected officials;

(9) A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Hawaii State Constitution;

(10) A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and

(11) The name the candidate wishes to be printed on the ballot and the mailing address of the candidate.

(b) Signatures of registered voters shall not be counted, unless they are upon the nomination paper having the format set forth above, written or printed thereon, and if there are separate sheets to be attached to the nomination paper, the sheets shall have the name of the candidate, the candidate's party affiliation or nonpartisanship, and the office and district for which the candidate is running placed thereon by the chief election officer or the clerk. The nomination paper and separate sheets shall be provided by the chief election officer or the clerk.

(c) Nomination papers shall not be filed on behalf of any person for more than one party or for more than one office; nor shall any person file nomination papers both as a party candidate and as a nonpartisan candidate.

(d) The office and district for which the candidate is running, the candidate's name, and the candidate's party affiliation or nonpartisanship shall not be changed from that indicated on the nomination paper and separate sheets. If the candidate wishes to run for an office or district different from that for which the nomination paper states or under a different party affiliation or nonpartisanship, the candidate may request the appropriate nomination paper from the chief election officer or clerk and have it signed by the required number of registered voters.

(e) Nomination papers that contain alterations or changes made by anyone other than the chief election officer or the clerk to the candidate's information, the candidate's party affiliation or nonpartisanship, the office to which the candidate seeks nomination, or the oath of loyalty or affirmation, after the nomination paper was issued by the chief election officer or clerk, shall be void and shall not be accepted for filing by the chief election officer or clerk.

(f) Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void.

(g) The chief election officer shall provide a system for the electronic filing of nomination papers, including the submission of the notarized written oath or affirmation and any other required documentation and the deposit of the filing fee. No additional fee shall be charged to the filer for using the electronic filing system. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(b); am L 1975, c 36, §2(2); am L 1979, c 139, §6; am L 1980, c 264, §2; am L 1983, c 34, §19; am L 1997, c 288, §1; am L 2005, c 13, §1; am L 2011, c 157, §1 and c 159, §3; am L 2019, c 22, §1; am L 2025, c 194, §1]
Haw. Rev. Stat. § 15D- — HI Code / Division 1 / Title 2 / Chapter 15D / Section 15D-
12] Federal write-in absentee ballot.
Status: in_force

A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 15D-3.The voting procedures in this chapter apply to:

(1) A general, special, or primary election for federal office;

(2) A general, special, or primary election for statewide or state legislative office or state ballot measure; and

(3) A general, special, recall, primary, or runoff election for local government office or local ballot measure conducted under part VIIA of chapter 11 for which absentee voting or voting by mail is available for other voters. [L 2012, c 226, pt of §1; am L 2019, c 136, §33](a) No later than forty-five days before the election or, if the forty-fifth day before the election is a weekend or holiday, no later than the business day preceding the forty-fifth day, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.

(b) A covered voter who requests that a b allot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter's jurisdiction, internet delivery. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.

(c) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, t he official charged with distributing a ballot and balloting materials shall transmit them to the voter no later than two business days or as soon as allowable after the application arrives . [L 2012, c 226, pt of §1](a) If a voter's mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, shall not invalidate a document submitted under this chapter. In a write-in ballot authorized by this chapter if the intention of the voter is discernible under this State's uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.

(b) Notarization is not required for the execution of a document under this chapter. An authentication, other than the declaration on the federal postcard application and federal write-in absentee ballot, shall not be required for execution of a document under this chapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document. [L 2012, c 226, pt of §1]The chief election officer, in coordination with local election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether:

(1) The voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

(2) The voter's military-overseas ballot has been received. [L 2012, c 226, pt of §1]An application for a military-overseas ballot shall be timely if received by the request period prescribed under section 15-4. An application for a military-overseas ballot for a primary election, whether or not timely, shall be effective as an application for a military-overseas ballot for the general election and all subsequent elections held before December 31 of that calendar year.(a) To apply to register to vote, in addition to any other approved method, a covered voter may use the federal postcard application, or the application's electronic equivalent for all elections conducted in the State.

(b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if it is received no later than ten days prior to the election pursuant to section 11-16.

(c) The chief election officer shall ensure that the electronic transmission system described in section 15D-4(b) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to register to vote. [L 2012, c 226, pt of §1; am L 2025, c 6, §2]A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with or enforce this chapter on application by:

(1) A covered voter alleging a grievance under this chapter; or

(2) The attorney general of the State.

No award of attorney fees or costs shall be permitted in any private cause of action initiated under this chapter. [L 2012, c 226, pt of §1](a) As soon as practicable before an election, an official in each jurisdiction charged with printing ballots and balloting material shall prepare an election notice for that jurisdiction, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal, state, and local offices that as of that date the official expects to be on the ballot on the date of the election. The notice may contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested.

(b) A covered voter may request a copy of an election notice. The official charged with preparing the election notice shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.

(c) As soon as ballot styles are finalized pursuant to section 11-119, and no later than the date ballots are required to be transmitted to voters under section 15-4, the official charged with preparing the election notice under subsection (a) shall update the notice with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.

(d) A local election jurisdiction that maintains an internet website shall make the election notice prepared under subsection (a) and updated versions of the election notice regularly available on the website.

(e) The chief election officer or clerk in the case of county elections may satisfy the requirements of this section by making available ballot facsimiles or a certified list of candidates and ballot measures available on their respective websites. [L 2012, c 226, pt of §1]This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. section 7003(b).(a) The local election official shall request an electronic-mail address from each covered voter who registers to vote after [July 1, 2012]. An electronic-mail address provided by a covered voter may not be made available to the public or any individual or organization other than an authorized agent of the local election official and is exempt from disclosure under chapter 92F. The electronic-mail address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location.

(b) A covered voter who provides an electronic-mail address may request that the voter's application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the calendar year of the date of the application or another shorter period the voter specifies, including for any runoff elections that occur as a result of those elections. An election official shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election. [L 2012, c 226, pt of §1](a) The chief election officer shall be the state official responsible for implementing this chapter and the State's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, title 52 United States Code section 20301 et seq.

(b) The chief election officer shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this chapter. The chief election officer may satisfy the requirements of this chapter by utilizing an electronic transmission system established by the Federal Voting Assistance Program in lieu of creating a separate electronic transmission system.

(c) The chief election officer shall develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in this State.

(d) The chief election officer shall accept forms prescribed by the Uniformed and Overseas Citizens Absentee Voting Act, title 52 United States Code section 20301 et seq., for use by a covered voter that contain the prescribed standard declaration to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of a military-overseas ballot. [L 2012, c 226, pt of §1; am L 2024, c 178, §2]In registering to vote, an overseas voter who is eligible to vote in this State shall use and be assigned to the voting district of the person's residence, or the last place of residence prior to leaving this State, or, in the case of a voter described by paragraph (4) of the definition of "covered voter" under section 15D-2, the address of the last place of residence in this State of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter shall be assigned a district for voting purposes.(a) A covered voter who is registered to vote in this State may apply for a military-overseas ballot using the absentee ballot application prescribed in section 15-4, the federal postcard application, or the application's electronic equivalent, as appropriate.

(b) A covered voter who is not registered to vote in this State may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under section 15D-6 and for a military-overseas ballot.

(c) The chief election officer shall ensure that the electronic transmission system described in section 15D-4(b) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.

(d) A covered voter may use the declaration accompanying the federal write-in absentee ballot as an application for a military-overseas ballot simultaneously upon its submission if it is received by the appropriate election official by the deadline prescribed under section 15-4 . [L 2012, c 226, pt of §1]
Haw. Rev. Stat. § 11-15 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-15
Application to register.
Status: in_force

(a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit.

The affidavit shall contain the following information:

(1) Name;

(2) The applicant's Hawaii driver's license number or Hawaii state identification card number; provided that:

(A) If no driver's license or identification card has been issued to the applicant, the last four digits of the applicant's social security number; and

(B) If no social security number has been issued to the applicant, an election official or county clerk shall assign the applicant a unique identification number for voter registration purposes and enroll the applicant in the State's computerized voter registration list, if any;

(3) Date of birth;

(4) Residence, including mailing address;

(5) That the residence stated in the affidavit is not simply because of the person's presence in the State, but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein;

(6) That the person is a citizen; and

(7) A statement, if the applicant is unable to read standard print due to disability, acknowledging that fact and requesting an electronic ballot be sent to the applicant's email address.

(b) The applicant shall swear to the truth of the allegations by self-subscribing affirmation in the affidavit on application for voter registration or other form prescribed by the chief election officer. Unless contested by a qualified voter, the clerk may accept, as prima facie evidence, the allegation of the applicant in information required in the affidavit in subsection (a)(5). In any other case where the clerk shall so desire or believe the same to be expedient, the clerk may demand that the applicant furnish substantiating evidence to the allegations of the applicant's application.

(c) The applicant shall then affix the applicant's signature to the affidavit. In the case where an applicant is unable to write for the reason of illiteracy, blindness, or other physical disability, the applicant's mark shall be witnessed by another person who shall sign the affidavit in the space provided. A voter having once been registered shall not be required to register again for any succeeding election, except as provided in this chapter. Affidavits approved by the clerk shall thereupon be numbered appropriately, filed by the clerk, and kept available for election or government purposes in accordance with procedures established by section 11-97. Approved voter registration transactions conducted through the online voter registration system established pursuant to section 11-15.3 shall be assigned a transaction number in a manner that is substantially similar to the numbering of affidavits.

(d) The clerk may designate a subordinate or subordinates to act in the clerk's place in all matters covered by this section, except that no candidate shall be eligible to serve as a subordinate. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(f); am L 1974, c 34, §1(a); am L 1976, c 106, §1(4); am L 1979, c 196, §4; am L 1981, c 107, §1 and c 195, §1; gen ch 1985; am L 1989, c 111, §1; am L 1990, c 45, §§2, 3 and c 156, §6; am L 1998, c 23, §2; am L 2011, c 142, §1; am L 2012, c 225, §3; am L 2016, c 167, §2; am L 2021, c 213, §5]
Haw. Rev. Stat. § 11-154 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-154
Records, etc.
Status: in_force

§11-154 Records, etc.; disposition. The voted ballots shall be kept secure and handled only in the presence of representatives not of the same political party or official observers in accordance with rules adopted for the various voting systems. After all the ballots have been tabulated they shall be sealed in containers. Thereafter, these containers shall be unsealed and resealed only as prescribed by rules governing elections.

The ballots and other election records may be destroyed by the chief election officer or clerk when all elected candidates have been certified by the chief election officer, or in the case of candidates for county offices, by the clerk and after compliance with retention schedules of applicable federal law. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ww); am L 2019, c 136, §23]
Haw. Rev. Stat. § 15-1 — HI Code / Division 1 / Title 2 / Chapter 15 / Section 15-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Absentee ballot" means a ballot as defined in section 11-1 used in absentee voting.

"Electronic transmission" means the transmission of a blank or voted ballot by facsimile, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system that may include the ability to mark the ballot. "Invalid ballot" means any absentee ballot which does not meet the requirements for a ballot to be counted as listed in section 15-9.

"Voter in a remote area" means any registered voter who resides ten miles or more from the voter's designated polling place by the most direct route for public travel. [L 1975, c 36, pt of §3; am L 1976, c 106, §4(1); gen ch 1985; am L 2016 c 168, §1; am L 2019, c 136, §26]
Haw. Rev. Stat. § 19-3 — HI Code / Division 1 / Title 2 / Chapter 19 / Section 19-3
Election frauds.
Status: in_force

(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 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 the person is currently voting was acquired with the intent to make that state 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 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. [L 1970, c 26, pt of §2; gen ch 1985; am L 1989, c 88, §2; am L 2005, c 200, §2; am L 2013, c 235, §4; am L 2014, c 128, §3; am L 2023, c 116, §2; am L 2025, c 165, §1]
Haw. Rev. Stat. § 11-412 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-412
Criminal prosecution.
Status: in_force

(a) Any person who recklessly, knowingly, or intentionally violates any provision of this part shall be guilty of a misdemeanor, unless another criminal penalty is specified.

(b) Any person who knowingly or intentionally falsifies any report required by this part with the intent to circumvent the law or deceive the commission or who violates section 11-352 or 11-353 shall be guilty of a class C felony. A person charged with a class C felony shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.

(c) Any person who intentionally provides false information concerning the name or address of the person paying for an advertisement that is subject to the requirements of section 11-391 shall be guilty of a class C felony.

(d) A person who is convicted under this section shall be disqualified from holding elective public office for a period of ten years from the date of conviction.

(e) For purposes of prosecution for violation of this part, the offices of the attorney general and the prosecuting attorney of the respective counties shall be deemed to have concurrent jurisdiction to be exercised as follows:

(1) Prosecution shall commence with a written request from the commission, upon the issuance of an order of the court, or upon the exercise of the law enforcement authority of the attorney general or prosecuting attorney; provided that prosecution may commence before any proceeding initiated by the commission or final determination;

(2) In the case of statewide offices, parties, or issues, the attorney general or the prosecuting attorney for the city and county of Honolulu shall prosecute any violation; and

(3) In the case of all other offices, parties, or issues, the attorney general or the prosecuting attorney for the respective county shall prosecute any violation.

If prosecution is commenced by a written request from the commission, the commission, in choosing the prosecuting agency, shall be guided by whether any conflict of interest exists between the agency and its appointive authority.

(f) The court shall give priority to the expeditious processing of prosecutions under this section.

(g) Prosecution for violations of this part shall not commence after five years have elapsed from the date of the violation or date of filing of the report covering the period in which the violation occurred, whichever is later. [L 2010, c 211, pt of §2; am L 2022, c 181, §3]
Haw. Rev. Stat. § 11-100 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-100
Ranked-choice voting; application; procedure.
Status: in_force

(a) Any federal election not held on the date of a regularly scheduled primary or general election and any special election for a vacant seat on a county council shall be conducted by ranked-choice voting.

(b) Except as provided in subsections (c) and (d), the following procedures shall be used to determine the winner of an election conducted by ranked-choice voting:

(1) Tabulation of votes shall proceed in rounds;

(2) In each round, the number of votes for each continuing candidate shall be counted, with each continuing ballot counting as one vote for its highest-ranked continuing candidate for that round;

(3) Inactive ballots shall not be counted for any continuing candidate; and

(4) The round shall end with one of two potential outcomes:

(A) If there are two or fewer continuing candidates, the candidate with the most votes shall be declared the winner of the election; or

(B) If there are more than two continuing candidates, the last-place candidate shall be defeated and a new round shall begin.

(c) A tie under this section between candidates for the most votes in the final round or a tie between last-place candidates in any round shall be decided by lot, and the candidate chosen by lot shall be:

(1) Declared the winner if the tie is between candidates for the most votes in the final round; or

(2) Defeated if the tie is between last-place candidates in any round.

(d) The office of elections may modify a ranked-choice voting ballot and tabulation; provided that:

(1) The number of allowable rankings shall be limited to no fewer than six candidates; and

(2) Two or more candidates may be defeated simultaneously by batch elimination in any round of tabulation.

(e) For the purposes of this section:

"Batch elimination" means the simultaneous defeat of multiple candidates for whom it is mathematically impossible to be elected.

"Continuing ballot" means a ballot that is not an inactive ballot.

"Continuing candidate" means a candidate who has not been defeated.

"Highest continuing ranking" means the highest ranking on a voter's ballot for a continuing candidate.

"Inactive ballot" means a ballot that does not rank any continuing candidate, contains an overvote at the highest continuing ranking, or contains two or more sequential skipped rankings before its highest continuing ranking.

"Last-place candidate" means the candidate with the fewest votes in a round of ranked-choice voting tabulation.

"Mathematically impossible to be elected", with respect to a candidate, means that:

(1) The candidate cannot be elected because the candidate's vote total in a round of the ranked-choice voting tabulation, plus all votes that could possibly be transferred to the candidate in future rounds from candidates with an equal or lower number of votes, would not be enough to surpass the candidate with the next-higher vote total in the round; or

(2) The candidate has a lower vote total than a candidate described in paragraph (1).

"Overvote" means a circumstance in which a voter has ranked more than one candidate at the same ranking on a ballot.

"Ranked-choice voting" means the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in sequential rounds in which last-place candidates are defeated, and the candidate with the most votes in the final round is elected.

"Ranking" means the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate, in which the lowest number is the highest ranking, and the highest number is the lowest ranking.

"Round" means an instance of the sequence of voting tabulation steps established in subsection (b).

"Skipped ranking" means a circumstance in which a voter has left a ranking blank and ranks a candidate at a subsequent ranking. [L 2022, c 47, §2]
Haw. Rev. Stat. § 11-117 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-117
Withdrawal of candidates; disqualification; death; notice.
Status: in_force

(a) Any candidate may withdraw in writing not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the fiftieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office. The notice shall be accompanied by a statement from a licensed physician or physician assistant indicating that such ill health may endanger the candidate's life.

A candidate who withdraws the candidate's own nomination papers prior to the close of filing shall not be considered to have caused a vacancy that may be filled by a party under section 11-118.

(b) On receipt of the notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is disqualified after the close of filing and the ballots have been printed, the chief election officer or the clerk may order the candidate's name stricken from the ballot or order that a notice of the death, withdrawal, or disqualification be prominently posted at the appropriate voter service centers on election day.

(c) In no case shall the filing fee be refunded after filing. [L 1970, c 26, pt of §2; am L 1972, c 77, §5; am L 1973, c 217, §1(ii); am L 1983, c 34, §15; am L 1990, c 7, §2; am L 2009, c 151, §3; am L 2011, c 143, §3 and c 159, §1; am L 2021, c 213, §25]
Haw. Rev. Stat. § 11-121 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-121
Ballot images.
Status: in_force

A voter shall not be prohibited from distributing or sharing an electronic or digital image of the voter's own marked ballot via social media or other means regardless of how the voter acquired the image; provided that this section shall not be a defense for any election offenses under chapter 19 or related offenses under the Penal Code.
Haw. Rev. Stat. § 11-10.5 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-10.5
Statewide elections accessibility needs advisory committee.
Status: in_force

(a) There is established a statewide elections accessibility needs advisory committee within the office of elections for administrative purposes. The purpose of the advisory committee is to ensure equal and independent access to voter registration, casting of ballots, and all other office of elections services.

(b) The advisory committee shall consist of five members appointed by the governor based on recommendations from organizations within the State that are comprised of a majority of officers and members who are persons with disabilities including visual impairment. Each member shall identify as a voter with accessibility needs arising from disabilities including visual and hearing impairments that require an accommodation to vote. The terms of advisory committee members shall be four years; provided that initial terms shall be one, two, three, or four years to ensure staggered rotation of members.

(c) The advisory committee shall meet at least annually to review election procedures, services, and technology and access to information, and shall make recommendations to the office of elections on at least an annual basis. The advisory committee may meet and subsequently make recommendations at additional times as determined by a majority of the members. [L 2021, c 213, pt of §2; am L 2023, c 14, §1]
Haw. Rev. Stat. § 11-156 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-156
Certificate of election and certificate of results, form.
Status: in_force

The chief election officer or county clerk shall deliver certificates of election to the persons elected as determined under section 11-155. The chief election officer or county clerk in county elections shall issue certificates of results where a question has been voted upon. Certificates of election shall be delivered only after the:

(1) Filing of reports in accordance with sections 11-331 and 11-333; and

(2) Payment of any fine assessed by the campaign spending commission,

by the person elected in accordance with part XIII and after the expiration of time for bringing an election contest. The certificate of election shall be substantially in the following form:

CERTIFICATE OF ELECTION

I,......................., chief election officer (county clerk) of Hawaii (county), do hereby certify that .................... was on the ..... day of .......... 20....., duly elected a ............... (name of office) for the ....................... district for a term expiring on the ..... day of ...................., A.D. 20.....

Witness my hand this ..... day of ...................., A.D. 20.....

.....................................

Chief Election Officer (County Clerk)

The certificate of results shall be substantially in the following form:

CERTIFICATE OF RESULTS

I, ............................, chief election officer (county clerk) of Hawaii (county), do hereby certify that .................. (question) was on the ..... day of ............... 20...., duly adopted (rejected) by a majority of the votes cast.

.....................................

Chief Election Officer (County Clerk)

If there is an election contest these certificates shall be delivered only after a final determination in the contest has been made and the time for an appeal has expired. [L 1970, c 26, pt of §2; am L 1986, c 305, §4; am L 2012, c 34, §1; am L 2014, c 139, §1]
Haw. Rev. Stat. § 11-118.5 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-118.5
Constitutional amendments, proposed; attorney general statement.
Status: in_force

(a) Any constitutional amendment proposed by the legislature shall include in final form the exact constitutional ratification question to be printed on a ballot. The constitutional ratification question shall be phrased in a manner to enable voters to express their choice on the constitutional amendment by providing a "yes" or "no" response. The language and meaning of a constitutional amendment shall be clear and it shall be neither misleading nor deceptive.

(b) The attorney general shall:

(1) In consultation with the legislative reference bureau, prepare a statement in English and Olelo Hawaii for each proposed constitutional amendment in language that is clear and that indicates the purpose, limitations, and effects of the proposed amendment;

(2) Translate the statement into other languages required under the federal Voting Rights Act, as specified by the office of elections; and

(3) Distribute each statement, including the translations, to the state office of elections pursuant to section 11-122(b) and all county clerks for further distribution.

The office of elections and county clerks shall make the statement available to the public at all polling places in the State and on the office of elections website pursuant to section 11-122. [L 1996, c 173, §1; am L 1997, c 2, §17; am L 2019, c 286, §1; am L 2023, c 115, §3]
Haw. Rev. Stat. § 11-428 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-428
Eligibility requirements for public funds.
Status: in_force

In order to be eligible to receive public funds for an election, a candidate shall certify that the candidate will meet all the following requirements:

(1) The candidate and any candidate committee authorized by the candidate shall not incur campaign expenses in excess of the expenditure limitations imposed by section 11-423;

(2) The candidate has qualified to be on the election ballot in a primary or general election;

(3) The candidate has filed a statement of intent to seek qualifying contributions. A contribution received before the filing of a statement of intent to seek public funds shall not be considered a qualifying contribution;

(4) The candidate or candidate committee authorized by the candidate has received the minimum qualifying contribution amounts for the office sought by the candidate as set forth in section 11-429;

(5) The aggregate of contributions certified with respect to any person under paragraph (4) does not exceed $100;

(6) The candidate agrees to obtain and furnish any evidence relating to expenditures that the commission may request;

(7) The candidate agrees to keep and furnish records, books, and other information that the commission may request;

(8) The candidate agrees to an audit and examination by the commission pursuant to section 11-434 and to pay any amounts required to be paid pursuant to that section; and

(9) Each candidate and candidate committee in receipt of qualifying contributions that may be taken into account for purposes of public funding shall maintain, on a form prescribed by the commission, records that show the date and amount of each qualifying contribution and the full name and mailing address of the person making the contribution. The candidate and the candidate committee authorized by the candidate shall transmit to the commission all reports with respect to these contributions that the commission may require. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-107 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-107
Electronic transmission under certain circumstances.
Status: in_force

(a) If a ballot package is not received by a voter by the fifth day before the date of the election or a voter otherwise requires a replacement ballot within five days of an election, the voter may request that a ballot be forwarded by electronic transmission. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit the appropriate ballot, voting information, and a waiver of the right to secrecy under section 11-137. The waiver of the right to secrecy shall not be required if the voted ballot is returned in a signed ballot return identification envelope issued to the voter pursuant to section 11-102.

(b) The voter may return the completed replacement ballot and executed forms:

(1) By electronic transmission so that the completed replacement ballot and executed forms are received by the clerk or the clerk's designee no later than the closing hour of voting; or

(2) In the same manner as provided in section 11-104(c).

(c) A voter with special needs may request that a ballot be forwarded by electronic transmission at any time, but no earlier than the date that the voter's initial ballot package was or would have been transmitted. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit the appropriate ballot, voting information, and a means of electronic authentication that does not include the voter's hand written signature or a waiver of secrecy. The voter with special needs may return the completed ballot and executed forms by any of the methods specified in subsection (b); provided that the voter's hand written signature or a waiver of secrecy shall not be required.

(d) Upon receipt, the clerk shall verify compliance with the requirements of this part; provided that if the voter returns multiple voted ballots for the same election, the clerk shall prepare only the first ballot returned that is not spoiled.

(e) The clerk may maintain a listing of voters with special needs that utilize a ballot forwarded by electronic transmission to facilitate the provision of voting services in subsequent elections. [L 2019, c 136, pt of §2; am L 2021, c 213, §22]
Haw. Rev. Stat. § 11-99 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-99
Members of Congress, applicability of election laws.
Status: in_force

The nomination and election of a senator or representative to Congress shall be in conformity to the laws applicable to the election of members of the state legislature except as expressly otherwise provided or where in conflict with federal law.
Haw. Rev. Stat. § 14-29 — HI Code / Division 1 / Title 2 / Chapter 14 / Section 14-29
Naming persons voted for in ballots, separate ballots.
Status: in_force

The electors shall name in their ballots the person voted for as president, and in separate ballots the person voted for as vice president.
Haw. Rev. Stat. § 17-7 — HI Code / Division 1 / Title 2 / Chapter 17 / Section 17-7
Board of trustees, office of Hawaiian affairs.
Status: in_force

(a) Whenever any vacancy in the membership of the board of trustees occurs, the term of which ends at the next succeeding general election, the vacancy shall be filled by a two-thirds vote of the remaining members of the board. If the board fails to fill the vacancy within sixty days after it occurs, the governor shall fill the vacancy within ninety days after the vacancy occurs. When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term.

(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:

(1) If it occurs not later than on the ninetieth day prior to the next succeeding primary election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12-6 and shall be nominated and elected in accordance with this title. Pending the election, the board or the governor shall make a temporary appointment to fill the vacancy in the manner prescribed under subsection (a). When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term and shall serve until the election of the person duly elected to fill such vacancy.

(2) If it occurs after the ninetieth day prior to the next succeeding primary election, the board or the governor shall make an appointment to fill the vacancy in the manner prescribed under subsection (a). When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term.

(c) All appointments made by the board or the governor under this section shall be made without consideration of the appointee's party preference or nonpartisanship. [L 1979, c 196, §9; am L 1980, c 247, §4; am L 1990, c 35, §4; am L 2012, c 26, §1; am L 2013, c 287, §4]
Haw. Rev. Stat. § 11-433 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-433
Post-election report required.
Status: in_force

The treasurer shall electronically submit an expenditure of public funds report to the commission no later than twenty days after a primary election and no later than thirty days after a general election certifying that all public funds paid to the candidate have been used as required by this part.

Should the commission determine that any portion of the public funds have been used for noncampaign or other improper expenses, it shall report such finding to the attorney general and shall order the candidate to return all or part of the funds paid to that candidate for a primary or general election. When public funds are returned, the funds shall be deposited into the Hawaii election campaign fund. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 19-7 — HI Code / Division 1 / Title 2 / Chapter 19 / Section 19-7
§§19-7 to 9 REPEALED.
Status: repealed

§§19-7 to 9 REPEALED. L 1998, c 236, §§2 to 4.
Haw. Rev. Stat. § 11-63 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-63
Party rules, amendments to be filed.
Status: in_force

All parties must file their rules with the chief election officer not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary. All amendments shall be filed with the chief election officer not later than 4:30 p.m. on the thirtieth day after their adoption. The rules and amendments shall be duly certified to by an authorized officer of the party and upon filing, the rules and amendments thereto shall be a public record.
Haw. Rev. Stat. § 11-62 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-62
Qualification of political parties; petition.
Status: in_force

(a) Any group of persons hereafter desiring to qualify as a political party for election ballot purposes in the State shall file with the chief election officer a petition as provided in this section. The petition for qualification as a political party shall:

(1) Be filed not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary;

(2) Declare as concisely as may be the intention of signers thereof to qualify as a statewide political party in the State and state the name of the new party;

(3) Contain the name, signature, residence address, month and date portion of the date of birth, and other information as determined by the chief election officer of currently registered voters comprising not less than one-tenth of one per cent of the total registered voters of the State as of the last preceding general election;

(4) Be accompanied by the names and addresses of the officers of the central committee and of the respective county committees of the political party and by the party rules; and

(5) Be upon the form prescribed and provided by the chief election officer.

(b) The petition shall be subject to hearing under chapter 91, if any objections are raised by the chief election officer or any other political party. All objections shall be made not later than 4:30 p.m. on the twentieth business day after the petition has been filed. The chief election officer may extend the objection period up to an additional ten business days, if the group of persons desiring to qualify as a political party is provided with notice of extension and the reasons therefor. If no objections are raised by 4:30 p.m. on the twentieth business day, or the extension thereof, the petition shall be approved. If an objection is raised, a decision shall be rendered not later than 4:30 p.m. on the thirtieth day after filing of the objection or not later than 4:30 p.m. on the one hundredth day prior to the primary, whichever shall first occur.

(c) The chief election officer may check the names of any persons on the petition to see that they are registered voters and may check the validity of their signatures. The petition shall be public information upon filing.

(d) Each group of persons desiring to qualify as a political party, having first qualified as a political party by petition under this section, and having been qualified as a political party for three consecutive general elections by petition or pursuant to section 11-61(b), shall be deemed a political party for the following ten-year period. The ten-year period shall begin with the next regularly scheduled general election; provided that each party qualified under this section shall continue to field candidates for public office during the ten-year period following qualification. After each ten-year period, the party qualified under this section shall either remain qualified under the standards set forth in section 11-61, or requalify under this section 11-62. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(p); am L 1983, c 34, §4; am L 1986, c 323, §2; am L 1993, c 304, §4; am L 1997, c 287, §2; am L 1998, c 33, §1; am L 1999, c 205, §2; am L 2022, c 4, §1]
Haw. Rev. Stat. § 14-26 — HI Code / Division 1 / Title 2 / Chapter 14 / Section 14-26
Assembly of electors at state capital; time.
Status: in_force

The electors chosen shall assemble at the state capital on the first Tuesday after the second Wednesday in December next following their election, at two o'clock in the afternoon.
Haw. Rev. Stat. § 11-366 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-366
[ §11-366] Solicitations relating to disasters.
Status: in_force

[ §11-366] Solicitations relating to disasters. (a) No candidate, candidate committee, or noncandidate committee shall solicit a contribution in a manner that would lead a reasonable person to believe that the solicited contribution would primarily be used to provide assistance to persons directly affected by a disaster unless the solicitation includes an explicit disclosure that:

(1) The solicited contributions are subject to state campaign finance law;

(2) Contributions may be used to influence the outcomes of elections for political office or votes relating to ballot questions; and

(3) Persons affected by the disaster may not necessarily benefit from any solicited contribution.

(b) The disclosure described in subsection (a) shall be prominently displayed or announced in a manner that a reasonable person is likely to notice while reading, listening to, or observing the remainder of the solicitation.

(c) A person who violates this section shall be guilty of a class C felony.

(d) For the purposes of this section, "disaster" shall have the same meaning as defined in section 127A-2. [L 2024, c 16, §1]
Haw. Rev. Stat. § 11-323 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-323
Organizational report, noncandidate committee.
Status: in_force

(a) The noncandidate committee organizational report shall include:

(1) The committee's name, which shall incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation is commonly known or clearly recognized by the general public. The committee's name shall not include the name of a candidate;

(2) The committee's address, including web page address, if any;

(3) The area, scope, or jurisdiction of the committee;

(4) The name and address of the committee's sponsoring entity. If the committee does not have a sponsoring entity, the committee shall specify the trade, profession, or primary interest of contributors to the committee;

(5) The name, address, telephone number, occupation, and principal place of business of the chairperson;

(6) The name, address, telephone number, occupation, and principal place of business of the treasurer and any other officers;

(7) An indication as to whether the committee was formed to support or oppose a specific ballot question or candidate and, if so, a brief description of the question or name of the candidate;

(8) An indication as to whether the committee is a political party committee;

(9) The name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts;

(10) The name and address of the depository institution in which the committee will maintain its campaign account and each applicable account number; and

(11) A certification by the chairperson and treasurer of the statements in the organizational report.

(b) Any change in information previously reported in the organizational report shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer.

(c) The commission shall publish on its website the names of all noncandidate committees who have failed to:

(1) File the organizational report; or

(2) Correct a report within two weeks after the commission provides a notice to correct.

[(d)] Any noncandidate committee that violates all or any part of this section shall be subject to a minimum fine of $1,000 per violation. [L 2010, c 211, pt of §2; am L 2015, c 209, §1; am L 2018, c 81, §1; am L 2022, c 171, §2; am L 2023, c 5, §2 and c 127, §1]
Haw. Rev. Stat. § 13D-1 — HI Code / Division 1 / Title 2 / Chapter 13D / Section 13D-1
Board of trustees; number; composition.
Status: in_force

The board of trustees shall be composed of nine members elected at-large by qualified voters in the State. Of the nine members to be elected one shall reside on the island of Hawaii; one shall reside on the island of Maui; and one shall reside on the island of Molokai; one shall reside on the island of Kauai; and one shall reside on the island of Oahu.
Haw. Rev. Stat. § 19-1 — HI Code / Division 1 / Title 2 / Chapter 19 / Section 19-1
Classes of offenses.
Status: in_force

Except as otherwise provided, offenses against the election laws contained in this title are divided into two classes: "election frauds" and "misdemeanors".
Haw. Rev. Stat. § 11-114 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-114
Order of offices on ballot.
Status: in_force

The order of offices on a ballot shall be arranged substantially as follows: first, president and vice president of the United States; next, United States senators; next, United States house of representatives; next, governor and lieutenant governor; next, state senators; next, state representatives; and next, county offices.
Haw. Rev. Stat. § 11-15.3 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-15.3
Application to register electronically.
Status: in_force

[§11-15.3]Application to register electronically. (a) Notwithstanding any law to the contrary, the clerk of each county may permit a person who has valid government-issued identification that is capable of electronic confirmation to submit an application to register to vote electronically in lieu of a traditional signed application by mail or in person.

(b) The electronic application to register to vote shall be substantially similar in content to the application to register pursuant to section 11-15, and shall require the applicant to provide substantially similar information.

(c) The applicant's use of the electronic application to register shall constitute consent for election officials to obtain confirmatory information regarding the applicant from government databases associated with government-issued identification, including the applicant's signature.

(d) The applicant's signature obtained from the government database may be utilized by election officials to validate and confirm a voter's identity in any election-related matter in which a signature is necessary.

(e) The online application system may require additional information from applicants, such as security questions to authenticate any future voter registration transactions by the applicant. [L 2012, c 225, §1]
Haw. Rev. Stat. § 12-2.5 — HI Code / Division 1 / Title 2 / Chapter 12 / Section 12-2.5
Nomination papers; when available.
Status: in_force

Nomination papers shall be made available from the first working day of February in every even-numbered year; provided that in the case of a special primary or special election, nomination papers shall be made available at least ten days prior to the close of filing.
Haw. Rev. Stat. § 16-24 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-24
Count, public.
Status: in_force

Insofar as the limits of the room in which the voting takes place reasonably allow, no person shall be prevented from attending the counting of the ballots on election day, unless it is necessary to preserve the peace.
Haw. Rev. Stat. § 15D-11 — HI Code / Division 1 / Title 2 / Chapter 15D / Section 15D-11
Declaration.
Status: in_force

A military-overseas ballot shall include or be accompanied by a declaration or affirmation signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury or related offenses under the laws of the United States [or] this State.
Haw. Rev. Stat. § 11-324 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-324
Treasurer.
Status: in_force

(a) Every candidate committee or noncandidate committee shall appoint a treasurer on or before the day it files an organizational report. The following shall be permissible:

(1) Up to five deputy treasurers may be appointed;

(2) A candidate may be appointed as the treasurer or deputy treasurer; and

(3) An individual who is not an officer or treasurer may be appointed by the candidate, on a fee or voluntary basis, to specifically prepare and file reports with the commission.

(b) A treasurer may resign or be removed at any time.

(c) In case of death, resignation, or removal of the treasurer, the candidate, candidate committee, or noncandidate committee shall promptly appoint a successor. During the period that the office of treasurer is vacant, the candidate, candidate committee, or chairperson, or party chairperson in the case of a party, whichever is applicable, shall serve as treasurer.

(d) Only the treasurer and deputy treasurers shall be authorized to receive contributions or to make or incur expenditures on behalf of the candidate committee or noncandidate committee.

(e) The treasurer shall establish and maintain itemized records showing:

(1) The amount of each monetary contribution;

(2) The description and value of each nonmonetary contribution; and

(3) The name and address of each contributor making a contribution of more than $25 in value; provided that information regarding the employer and occupation of contributors shall also be collected and maintained for a noncandidate committee.

(f) The treasurer shall maintain detailed accounts, bills, receipts, and other records to establish that reports were properly prepared and filed.

(g) The records shall be retained for at least five years after the report is filed. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 12-5 — HI Code / Division 1 / Title 2 / Chapter 12 / Section 12-5
Nomination papers: number of signers.
Status: in_force

(a) Nomination papers for candidates for members of Congress, governor, and lieutenant governor shall be signed by not less than twenty-five registered voters of the State or of the Congressional district from which the candidates are running in the case of candidates for the United States House of Representatives.

(b) Nomination papers for candidates for either branch of the legislature and for county office shall be signed by not less than fifteen registered voters of the district or county or subdivision thereof for which the person nominated is a candidate.

(c) Nomination papers for candidates for members of the board of trustees of the office of Hawaiian affairs shall be signed by not less than twenty-five persons registered to vote.

(d) No signatures shall be required on nomination papers for candidates filing to run in a special primary or special election to fill a vacancy. [L 1970, c 26, pt of §2; am L 1979, c 196, §6; am L 1990, c 35, §7; am L 2011, c 5, §7; am L 2012, c 225, §5]
Haw. Rev. Stat. § 11-12 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-12
Age; place of registering.
Status: in_force

(a) Every person who has reached the age of eighteen years or who is seventeen years of age and will be eighteen years of age by the date of the next election, and is otherwise qualified to register may do so for that election. The person shall then be listed upon the appropriate county general register and precinct list. No person shall register or vote in any other precinct than that in which the person resides except as provided in section 11-21.

(b) A person who is otherwise qualified to register and is at least sixteen years of age but will not be eighteen years of age by the date of the next election may preregister upon satisfactory proof of age and shall be automatically registered upon reaching age eighteen. [L 1970, c 26, pt of §2; am L 1972, c 77, §1; am L 1973, c 217, §1(d); am L 1976, c 106, §1(2); am L 1980, c 264, §1(b); gen ch 1985; am L 1993, c 24, §1]
Haw. Rev. Stat. § 16-23 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-23
Paper ballot; voting.
Status: in_force

Upon receiving the ballot the voter shall proceed into one of the voting booths provided for the purpose, and shall mark the voter's ballot in the manner prescribed by section 16-22.

The voter shall then leave the booth and deliver the ballot to the voter service center official in charge of the ballot boxes. The voter service center official shall be sufficiently satisfied that there is but one ballot enclosed, whereupon the ballot shall be immediately dropped into the proper box by the voter service center official. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(b); am L 1977, c 189, §4; gen ch 1985; am L 2021, c 213, §40]
Haw. Rev. Stat. § 11-384 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-384
Disposition of campaign funds; termination of registration.
Status: in_force

(a) The candidate committee and candidate who receives contributions for an election but fails to file nomination papers for that election shall return residual funds to the contributors no later than ninety days after the date on which nominations for that election shall be filed. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.

(b) The candidate committee and candidate who withdraws or ceases to be a candidate for the election because of death, disqualification, or other reasons shall return residual funds to the contributors no later than ninety days after the candidate ceases to be a candidate. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.

(c) A candidate who is elected to office, including a candidate subject to term limits and a candidate who resigned before the end of the term of office and the candidate committee of such a candidate, may use campaign funds as provided in section 11-381 or return funds to contributors until four years from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.

(d) A candidate who loses an election and the candidate committee of such a candidate may use campaign funds as provided in section 11-381 or return funds to contributors until one year from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.

(e) A candidate committee that disposes of campaign funds pursuant to this section shall terminate its registration with the commission as provided in section 11-326.

(f) Notwithstanding any of the foregoing, campaign funds may be used for the candidate's next subsequent election as provided in section 11-381 upon registration for the election pursuant to section 11-321.

(g) The commission shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-372 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-372
Reporting loan; written loan agreement.
Status: in_force

(a) Every loan shall be reported as provided in section 11-333.

(b) Every loan in excess of $100 shall be documented as provided in section 11-333.

(c) A loan shall be treated as a contribution, subject to all relevant provisions of this part, if the loan is not reported or documented as provided in section 11-333. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-302 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-302
Definitions.
Status: in_force

When used in this part:

"Advertisement" means any communication, excluding sundry items such as bumper stickers, that:

(1) Identifies a candidate directly or by implication, or identifies an issue or question that will appear on the ballot at the next applicable election; and

(2) Advocates or supports the nomination, opposition, or election of the candidate, or advocates the passage or defeat of the issue or question on the ballot.

"Ballot issue committee" means a noncandidate committee that has the exclusive purpose of making or receiving contributions, making expenditures, or incurring financial obligations for or against any question or issue appearing on the ballot at the next applicable election.

"Campaign funds" means contributions, interest, rebates, refunds, loans, or advances received by a candidate committee or noncandidate committee.

"Candidate" means an individual who seeks nomination for election or seeks election to office. An individual remains a candidate until the individual's candidate committee terminates registration with the commission. An individual is a candidate if the individual does any of the following:

(1) Files nomination papers for an office for the individual with the county clerk's office or with the chief election officer's office, whichever is applicable;

(2) Receives contributions, makes expenditures, or incurs financial obligations of more than $100 to bring about the individual's nomination for election, or to bring about the individual's election to office;

(3) Gives consent for any other person to receive contributions, make expenditures, or incur financial obligations to aid the individual's nomination for election, or the individual's election, to office; or

(4) Is certified to be a candidate by the chief election officer or county clerk.

"Candidate committee" means an organization, association, or individual that receives campaign funds, makes expenditures, or incurs financial obligations on behalf of a candidate with the candidate's authorization.

"Clearly identified" means the inclusion of name, photograph or other similar image, or other unambiguous identification of a candidate.

"Commission" means the campaign spending commission.

"Commissioner" means any person appointed to the commission.

"Contribution" means:

(1) A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of:

(A) Influencing the nomination for election, or the election, of any person to office;

(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or

(C) Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B);

(2) The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1);

(3) A contract, promise, or agreement to make a contribution; or

(4) Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372[.]

"Contribution" does not include:

(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;

(2) A candidate's expenditure of the candidate's own funds; provided that this expenditure shall be reportable as other receipts and expenditures;

(3) Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or

(4) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:

(A) The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or

(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services.

"Donation" means all transfers of money, credit or debit card transactions, online payments, payments made through a third party, paid personal services, or transfers of any other thing of value to a nonprofit organization.

"Donor" means a person that makes a donation to a nonprofit organization subject to this chapter and operating as a noncandidate committee.

"Earmarked funds" means contributions received by a candidate committee or noncandidate committee on the condition that the funds be contributed to or expended on certain candidates, issues, or questions.

"Election" means any election for office or for determining a question or issue provided by law or ordinance.

"Electioneering communication":

(1) Means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail, and that:

(A) Refers to a clearly identifiable candidate;

(B) Is made, or scheduled to be made, either within thirty days before a primary or initial special election or within sixty days before a general or special election; and

(C) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate; and

(2) Shall not include communications:

(A) In a news story or editorial disseminated by any broadcast station, publisher of periodicals or newspapers, or by electronic means, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;

(B) In house bulletins; or

(C) That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person or organization sponsoring the debate or forum.

"Election period" means:

(1) The two-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a two-year office;

(2) The four-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a four-year office; or

(3) For a special election, the period between the day after the general election for that office through the day of the special election.

"Equipment and services" includes computers, software, internet domain names, internet service providers, and any other technology that is used to provide access to or use of the Internet.

"Expenditure" means:

(1) Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:

(A) Influencing the nomination for election, or the election, of any person seeking nomination for election or election to office, whether or not the person has filed the person's nomination papers;

(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or

(C) Use by any party for the purposes set out in subparagraph (A) or (B);

(2) Any payment, by any person other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee for any of the purposes mentioned in paragraph (1)(A); provided that payment under this paragraph shall include provision of services without charge; or

(3) The expenditure by a candidate of the candidate's own funds for the purposes set out in paragraph (1)(A).

"Expenditure" does not include:

(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;

(2) Voter registration efforts that are nonpartisan; or

(3) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:

(A) The individual, candidate committee, or noncandidate committee is uncompensated for internet activities; or

(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services;

provided that the internet activity exclusion does not apply to any payment for an advertisement other than a nominal fee; the purchase or rental of an electronic address list made at the direction of a candidate committee or noncandidate committee; or an electronic mail address list that is transferred to a candidate committee or noncandidate committee.

"House bulletin" means a communication sponsored by any person in the regular course of publication for limited distribution primarily to its employees or members.

"Immediate family" means a candidate's spouse or reciprocal beneficiary, as defined in section 572C-3, and any child, parent, grandparent, brother, or sister of the candidate, and the spouses or reciprocal beneficiaries of such persons.

"Independent expenditure" means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate committee, a party, or their agents.

"Individual" means a natural person.

"Internet activities" include:

(1) Sending or forwarding electronic messages;

(2) Providing a hyperlink or other direct access to another person's website;

(3) Blogging;

(4) Creating, maintaining, or hosting a website;

(5) Paying a nominal fee for the use of another person's website; and

(6) Any other form of communication distributed over the Internet.

"Limited liability company" means a business entity that is recognized as a limited liability company under the laws of the state in which it is established.

"Loan" means an advance of money, goods, or services, with a promise to repay in full or in part within a specified period of time. A loan does not include expenditures made on behalf of a candidate committee or noncandidate committee by a candidate, volunteer, or employee if:

(1) The candidate, volunteer, or employee's aggregate expenditures do not exceed $1,500 within a thirty-day period;

(2) A dated receipt and a written description of the name and address of each payee and the amount, date, and purpose of each expenditure is provided to the candidate committee or noncandidate committee before the candidate committee or noncandidate committee reimburses the candidate, volunteer, or employee; and

(3) The candidate committee or noncandidate committee reimburses the candidate, volunteer, or employee within forty-five days of the expenditure being made.

"Newspaper" means a publication of general distribution in the State issued once or more per month, which is written and published in the State.

"Noncandidate committee" means an organization, association, party, or individual that has the purpose of making or receiving contributions, making expenditures, or incurring financial obligations to influence the nomination for election, or the election, of any candidate to office, or for or against any question or issue on the ballot; provided that a noncandidate committee does not include:

(1) A candidate committee;

(2) Any individual making a contribution or making an expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this part; or

(3) Any organization that raises or expends funds for the sole purpose of producing and disseminating informational or educational communications that are not made to influence the outcome of an election, question, or issue on a ballot.

"Nonprofit organization" means an organization that is exempt from federal taxation under section 501(c)(4) of the Internal Revenue Code of 1986, as amended.

"Office" means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices.

"Other receipts" means the candidate's own funds, interest, rebates, refunds, and any other funds received by a candidate committee or noncandidate committee, but does not include contributions received from other persons or loans.

"Party" means any political party that satisfies the requirements of section 11-61.

"Person" means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees.

"Political committees established and maintained by a national political party" means:

(1) The National Committee;

(2) The House Campaign Committee; and

(3) The Senate Campaign Committee.

"Qualifying contribution" means an aggregate monetary contribution of $100 or less by an individual Hawaii resident during a matching payment period that is received after a candidate files a statement of intent to seek public funds. A qualifying contribution does not include a loan, an in-kind contribution, or the candidate's own funds.

"Special election" means any election other than a primary or general election.

"Treasurer" means a person appointed under section 11-324 and unless expressly indicated otherwise, includes deputy treasurers. [L 2010, c 211, pt of §2; am L 2022, c 169, §3]
Haw. Rev. Stat. § 15D-10.5 — HI Code / Division 1 / Title 2 / Chapter 15D / Section 15D-10.5
Validity of cast military-overseas ballot where covered voter later becomes ineligible.
Status: in_force

The military-overseas ballot of any covered voter who was eligible to vote at the time the ballot was cast in accordance with this chapter shall not be deemed invalid solely because the covered voter became ineligible to vote, including by death of the voter, after casting the ballot .
Haw. Rev. Stat. § 11-118 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-118
Vacancies; new candidates; insertion of names on ballots.
Status: in_force

(a) In case of death, withdrawal, or disqualification of any party candidate, the vacancy so caused may be filled by the party. The party shall be notified by the chief election officer or the clerk in the case of a county office immediately after the death, withdrawal, or disqualification.

(b) If the party fills the vacancy, and so notifies the chief election officer or clerk not later than 4:30 p.m. on the third day after the vacancy occurs, but not later than 4:30 p.m. on the fiftieth day prior to a primary or special primary election or not later than 4:30 p.m. on the fortieth day prior to a special, general, or special general election, the name of the replacement shall be printed in an available and appropriate place on the ballot, not necessarily in alphabetical order; provided that the replacement candidate fills out an application for nomination papers, signs the proper certifications on the nomination paper, and takes either an oath or affirmation as provided by law. If the party fails to fill the vacancy pursuant to this subsection, no candidate's name shall be printed on the ballot for the party for that race.

(c) If the ballots have been printed and it is not reasonably possible to insert an alternate's name, the chief election officer shall issue a proclamation informing the public that the votes cast for the vacating candidate shall be counted and the results interpreted as follows:

(1) In a primary or special primary election:

(A) In partisan races, if, but for candidate's vacancy, the vacating candidate would have been nominated pursuant to section 12-41(a), a vacancy shall exist in the party's nomination, to be filled in accordance with subsection (b); and

(B) In nonpartisan races, if, but for the candidate's vacancy, the vacating candidate would have qualified as a candidate for the general or special general election ballot pursuant to section 12-41(b), the nonpartisan candidate who received the next highest number of votes shall be placed on the ballot; provided that the candidate also meets the requirements of section 12-41(b);

(2) In a special, general, or special general election, if, but for the candidate's vacancy, the vacating candidate would have been elected, a vacancy shall exist in the office for which the race in question was being held, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official's full term because of death, withdrawal, or removal; and

(3) In any other case where, but for the candidate's vacancy, the vacating candidate would have been deemed elected, a vacancy shall exist in the office for which the candidate has filed, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official's full term in office because of death, withdrawal, or removal.

(d) The parties shall adopt rules to comply with this provision, and those rules shall be submitted to the chief election officer.

(e) The chief election officer or county clerk in county elections may waive any or all of the foregoing requirements in special circumstances as provided in the rules adopted by the chief election officer.

(f) For the purposes of this section, "party candidate" means the person or persons who would be the candidate or candidates of the party under section 12-41(a). [L 1970, c 26, pt of §2; am L 1973, c 217, §1(jj); am L 1980, c 247, §1; am L 1983, c 34, §16; am L 1986, c 305, §1; am L 1990, c 7, §3; am L 2000, c 124, §1; am L 2011, c 159, §2]
Haw. Rev. Stat. § 11-139 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-139
Voting assistance.
Status: in_force

(a) Except as otherwise provided, any voter who requires assistance may be given assistance by a person of the voter's choice. A person with disabilities may be provided assistance at a voter service center pursuant to any state or federal law relating to persons with disabilities. The voter's employer or agent of that employer, agent of the voter's labor union, or a candidate for any office that is listed on the ballot shall not provide assistance. Written or oral instructions delivered via telephone, electronic means, or mail shall not be deemed assistance prohibited by this section; provided that the voter's employer or agent of that employer, agent of the voter's labor union, or a candidate for any office listed on the ballot is not physically present with the voter when the instructions are delivered.

(b) Violation of this section by an employer or agent of that employer, agent of the voter's labor union, or a candidate shall constitute election fraud as provided under section 19-3. [L 1970, c 26, pt of §2; am L 1972, c 158, §2; am L 1973, c 217, §1(tt); am L 1985, c 203, §5; am L 2002, c 89, §1; am L 2013, c 235, §2; am L 2019, c 136, §20]
Haw. Rev. Stat. § 11-115 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-115
Arrangement of names on the ballot.
Status: in_force

(a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order except:

(1) As provided in section 11-118;

(2) For the limitations of the voting system in use; and

(3) For the case of the candidates for vice president and lieutenant governor in the general election whose names shall be placed immediately below the name of the candidate for president or governor of the same political party.

(b) In elections using the paper ballot or electronic voting systems where the names of the candidates are printed and the voter records the voter's vote on the face of the ballot, the following format shall be used: A horizontal line shall be ruled between each candidate's name and the next name, except between the names of presidential and vice presidential candidates and candidates for governor and lieutenant governor of the same political party in the general election. In such case the horizontal line shall follow the name of the candidates for vice president and lieutenant governor of the same political party, thereby grouping the candidates for president and vice president and governor and lieutenant governor of the same political party within the same pair of horizontal lines.

(c) Immediately to the left of (before) or to the right of (after) the candidate name or names, according to the requirements of the voting system, two vertical lines shall be ruled, so that in conjunction with the horizontal lines, a box shall be formed to the left of or to the right of the name and its equivalent, if any.

(d) In case of the candidates for president and vice president and governor and lieutenant governor of the same political party, only one box shall be formed opposite their set of names. The boxes shall be of sufficient size to give ample room in which to designate the choice of the voter in the manner prescribed for the voting system in use. All of the names upon a ballot shall be placed at a uniform distance from the left edge and close thereto, and shall be of uniform size and print subject to section 11-119. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(hh); am L 1976, c 106, §1(8); am L 1977, c 189, §1(9); gen ch 1985; am L 2000, c 130, §1]
Haw. Rev. Stat. § 11-362 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-362
Contributions limited from nonresident persons.
Status: in_force

(a) Contributions from all persons who are not residents of the State at the time the contributions are made shall not exceed thirty per cent of the total contributions received by a candidate or candidate committee for each election period.

(b) This section shall not be applicable to contributions from the candidate's immediate family. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-52 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-52
Hearing; decision final.
Status: in_force

When the appeal is perfected, the court shall hear the appeal as soon thereafter as may be reasonable.
Haw. Rev. Stat. § 11-54 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-54
Status pending appeal.
Status: in_force

In case of an appeal from a decision of any board of registration 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).
Haw. Rev. Stat. § 11-432 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-432
Use of public funds.
Status: in_force

(a) Public funds shall be deposited in a depository institution, as defined in section 412:1-109, duly authorized to do business in the State, such as a bank, savings bank, savings and loan association, depository financial services loan company, credit union, intra-Pacific bank, or similar financial institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(b) No expenditures of any public funds shall be made except by checks drawn on such checking account.

(c) Public funds shall be only used to:

(1) Defray expenditures of the candidate or the candidate committee authorized by the candidate; and

(2) Repay loans, the proceeds of which were used to defray expenditures.

(d) Public funds shall not be transferred to another candidate for any election.

(e) Unexpended public funds shall be returned to the commission by the deadline for filing the final report for the election for which the funds were received. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 19-5 — HI Code / Division 1 / Title 2 / Chapter 19 / Section 19-5
REPEALED.
Status: in_force

L 1975, c 146, §2(a).
Haw. Rev. Stat. § 11-356 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-356
Contributions by foreign national or foreign corporation prohibited.
Status: in_force

(a) Except as provided in subsection (b), no contributions or expenditures shall be made to or on behalf of a candidate, candidate committee, or noncandidate committee, by a foreign national or foreign corporation, including a domestic subsidiary of a foreign corporation, a domestic corporation that is owned by a foreign national, or a local subsidiary where administrative control is retained by the foreign corporation, and in the same manner prohibited under 2 United States Code section 441e and 11 Code of Federal Regulations section 110.20, as amended.

(b) A foreign-owned domestic corporation may make contributions if:

(1) Foreign national individuals do not participate in election-related activities, including decisions concerning contributions or the administration of a candidate committee or noncandidate committee; or

(2) The contributions are domestically-derived. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-405 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-405
Preliminary determination regarding probable cause.
Status: in_force

(a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by first-class mail. As a courtesy, the commission shall send the preliminary determination with findings of fact and conclusions of law to the respondent by electronic mail; provided that the electronic mail shall not constitute service. If the respondent is a candidate, candidate committee, or noncandidate committee and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there shall be a presumption that the candidate or committee received the preliminary determination within seven business days of the preliminary determination being mailed.

(b) The respondent shall be afforded an opportunity to contest the commission's preliminary determination of probable cause by making a request for a contested case hearing under chapter 91 within thirty days of receipt of the preliminary determination. Failure to request a contested case hearing shall render the commission's preliminary determination final. [L 2010, c 211, pt of §2; am L 2023, c 69, §1 and c 120, §1]
Haw. Rev. Stat. § 12-9 — HI Code / Division 1 / Title 2 / Chapter 12 / Section 12-9
List of candidates.
Status: in_force

As soon as possible but not later than 4:30 p.m. on the fifth day after the close of filing the chief election officer shall transmit to each county clerk and the county clerk shall transmit to the chief election officer certified lists containing the names of all persons, the office for which each is a candidate, and their party designation, or designation of nonpartisanship, as the case may be, for whom nomination papers have been duly filed in his office and who are entitled to be voted for at the primary, special primary or special election.
Haw. Rev. Stat. § 11-303 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-303
[ §11-303] Distribution of materially deceptive media; prohibited; penalties.
Status: in_force

[ §11-303] Distribution of materially deceptive media; prohibited; penalties. (a) Except as provided in subsections (b) and (c), no person shall recklessly distribute, or enter into an agreement with another person to distribute, between the first working day of February in every even-numbered year through the next general election, materially deceptive media in reckless disregard of the risk of harming the reputation or electoral prospects of a candidate in an election or changing the voting behavior of voters in an election.

(b) Subsection (a) shall not apply to:

(1) A broadcaster, cable operator, or direct-to-home satellite provider unless it was involved in the creation of the materially deceptive media; or

(2) An interactive computer service, cloud service provider, or streaming service for content provided by another person or a developer or provider of any technology used in the creation of materially deceptive media, unless the interactive computer service, cloud service provider, or streaming service has knowledge that the content is deceptive and intends to deceive a resident of the State.

(c) Subsection (a) shall not apply if the media includes a disclaimer informing the viewer that the media has been manipulated by technical means and depicts appearance, speech, or conduct that did not occur; provided that:

(1) If the media is a video, the disclaimer shall:

(A) Appear throughout the entirety of the video;

(B) Be clearly visible to and readable by an observer;

(C) Be in letters at least as large as the largest size of any text communication; and

(D) Be in the same language as the language used in the video media;

(2) If the media is an image, the disclaimer shall:

(A) Be clearly visible to and readable by the observer;

(B) Be in letters at least as large as the largest text in the image if the media contains other text; and

(C) Be in the same language as the language used in the image media;

(3) If the media consists of only audio and contains no video or image, the disclaimer shall be read:

(A) At the beginning and end of the media in a clearly spoken manner;

(B) In a pitch that can be easily heard by the listener; and

(C) In the same language as the audio media; and

(4) If the media was generated by editing or creating new media from an existing video, image, or audio, the media shall include a citation directing the viewer or listener to the original sources from which the unedited version of the existing videos, images, or audios were obtained or generated.

(d) Unless otherwise specified in this section, a person who violates this section shall be guilty of a petty misdemeanor.

(e) A person who violates this section within five years of a previous conviction for a violation of this section shall be guilty of a misdemeanor.

(f) A person who violates this section with the intent to cause violence or bodily harm shall be guilty of a class C felony.

(g) The commission may assess a fine for a violation of this section or refer a violation of this section for criminal prosecution under subpart I.

(h) For the purposes of this section:

"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to:

(1) Perceive real and virtual environments;

(2) Abstract perceptions of real and virtual environments into models through analysis in an automated manner; and

(3) Use model inference to formulate opinions for information or action.

"Cloud service provider" means a third-party company that provides scalable computing resources that businesses can access on demand over a network, including cloud-based computing, storage, platform, and application services.

"Direct-to-home satellite provider" has the same meaning as defined in title 47 United States Code section 303(v).

"Distribute" means to convey information by any means.

"Interactive computer service" has the same meaning as defined in title 47 United States Code section 230(f)(2).

"Materially deceptive media" means any information, including any video, image, or audio, that:

(1) Is an advertisement;

(2) Depicts an individual engaging in speech or conduct in which the depicted individual did not in fact engage;

(3) Would cause a reasonable viewer or listener to believe that the depicted individual engaged in the speech or conduct depicted; and

(4) Was created by:

(A) Generative adversarial network techniques or another technique that translates a source image into another image using machine learning, deep learning techniques, and convolutional neural networks;

(B) Artificial intelligence; or

(C) Digital technology. [L 2024, c 191, pt of §2]
Haw. Rev. Stat. § 16-47 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-47
Preparation of absentee ballots.
Status: in_force

Counting center employees in the presence of at least two official observers shall prepare absentee ballots for counting by automatic tabulating equipment in a manner that shall accurately reflect the votes cast by the absentee voters.
Haw. Rev. Stat. § 12-42 — HI Code / Division 1 / Title 2 / Chapter 12 / Section 12-42
Unopposed candidates declared elected.
Status: in_force

(a) Any candidate running for any office in the State of Hawaii in a special election or special primary election who is the sole candidate for that office shall, after the close of filing of nomination papers, be deemed and declared to be duly and legally elected to the office for which the person is a candidate. The term of office for a candidate elected under this subsection shall begin respectively on the day of the special election or on the day of the immediately succeeding special general election.

(b) Any candidate running for any office in the State of Hawaii in a special general election who was only opposed by a candidate or candidates running on the same ticket in the special primary election and is not opposed by any candidate running on any other ticket, nonpartisan or otherwise, and is nominated at the special primary election shall, after the special primary, be deemed and declared to be duly and legally elected to the office for which the person is a candidate at the special primary election regardless of the number of votes received. The term of office for a candidate elected under this subsection shall begin on the day of the special general election. [L 1974, c 34, §2(d); am L 1985, c 203, §6]
Haw. Rev. Stat. § 11-22 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-22
Changing register; correction of errors.
Status: in_force

(a) The clerk shall correct the register if at any time it shall be manifest to the clerk that the name of a person registered has been accidentally misspelled, or that the person has been misnamed therein, or that the person has been accidentally registered under the wrong precinct, or that the person was accidentally removed pursuant to section 11-17(a), or that the name of the person should be corrected or restored pursuant to section 11-17(b).

(b) In any case where the clerk refuses to correct the register, the person may appeal to the board of registration and the register shall be changed upon a written order of the board of registration, 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, shall correct the register according to the terms of the order, making on the register a reference to the order. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(k); gen ch 1985; am L 1990, c 45, §6; am L 2019, c 136, §9; am L 2021, c 213, §9]
Haw. Rev. Stat. § 11-434 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-434
Post-election examination and audit; return of funds.
Status: in_force

(a) The commission shall examine and audit the public funds received by all candidates, qualifying contributions, and the expenditures made by all candidates within sixty days after each general election.

(b) The commission shall adopt rules, pursuant to chapter 91, prior to the payment of public money, regarding expenditures which qualify under section 11-432.

(c) If the commission determines that any payment of public funds to a candidate exceeded the aggregate amount to which the candidate was entitled, the commission shall notify the candidate within two years of the payment of the public funds and the candidate shall repay the excess amount to the Hawaii election campaign fund.

(d) If the commission determines that any public funds were used for any improper purpose, the commission shall notify the candidate, and the candidate shall pay to the Hawaii election campaign fund an amount equal to three hundred per cent of such amount in addition to any fines under section 11-410 and section 11-412. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 14-25.5 — HI Code / Division 1 / Title 2 / Chapter 14 / Section 14-25.5
[ §14-25.
Status: in_force

[ §14-25.5] Elector replacement; associated certificates. (a) After the vote of the State's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under title 3 United States Code section 6, the chief election officer shall immediately prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.

(b) The governor shall immediately deliver the signed amended certificate of ascertainment to the chief election officer and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive the State's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.

(c) The chief election officer shall prepare a certificate of vote. The electors on the final list shall sign the certificate of vote. The chief election officer shall process and transmit the signed certificate of vote with the amended certificate of ascertainment under title 3 United States Code sections 9, 10, and 11. [L 2023, c 114, §2]
Haw. Rev. Stat. § 11-104 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-104
Ballot instructions; ballot return.
Status: in_force

(a) After a voter receives a ballot package, the voter shall comply with the instructions included in the ballot package in order to cast a valid vote. The instructions shall include directions for:

(1) Marking the ballot;

(2) Inserting the marked ballot in the secrecy envelope or secrecy sleeve;

(3) Inserting the secrecy envelope or secrecy sleeve with the marked ballot in the return identification envelope; and

(4) Signing the affirmation on the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot. The affirmation shall consist of a statement to be subscribed to by the voter that affirms the fact that the voter is the person voting and that the voter's employer or agent of the employer, agent of the voter's labor union, or any candidate listed on the ballot did not assist the voter, as described in section 11-139, along with the instruction that the voter's ballot will be valid only if the affirmation statement is signed.

(b) The instructions shall include information on election fraud and voter fraud, as provided in sections [19-3(a)(5)] and 19-3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.

(c) To cast a valid ballot, the voter shall return the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner:

(1) So that the return identification envelope is received by the clerk or the clerk's designee no later than the closing hour of voting; provided that anyone who is standing in line at the closing hour of voting with the intent of returning a ballot shall be permitted to do so;

(2) To any place of deposit no later than the closing hour of voting; provided that anyone who is standing in line at a place of deposit at the closing hour of voting with the intent of returning a ballot shall be permitted to do so; or

(3) To any voter service center no later than the closing hour of voting; provided that anyone who is standing in line at a voter service center at the closing hour of voting with the intent of returning a ballot shall be permitted to do so.

(d) Once a voter has returned a return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot, that voter's ballot shall be deemed cast and may not be recast in the election. [L 2019, c 136, pt of §2; am L 2021, c 213, §19]
Haw. Rev. Stat. § 15D-2 — HI Code / Division 1 / Title 2 / Chapter 15D / Section 15D-2
Definitions.
Status: in_force

In this chapter:

"Covered voter" means:

(1) A uniformed-service voter or an overseas voter who is registered to vote in this State;

(2) An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements;

(3) An overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements; or

(4) An overseas voter who was born outside the United States, is not described in paragraph (2) or (3), and except for a state residency requirement, otherwise satisfies this State's voter eligibility requirements, if:

(A) The last place where a parent or legal guardian of the voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this State; and

(B) The voter has not previously registered to vote in any other state.

"Dependent" means an individual recognized as a dependent by a uniformed service.

"Federal postcard application" means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, title 52 United States Code section 20301(b)(2).

"Federal write-in absentee ballot" means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, title 52 United States Code section 20303.

"Military-overseas ballot" means:

(1) A federal write-in absentee ballot;

(2) A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

(3) A ballot cast by a covered voter in accordance with this chapter.

"Overseas voter" means a United States citizen who is living outside the United States.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"Uniformed service" means:

(1) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(2) The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(3) The National Guard and state militia.

"Uniformed-service voter" means an individual who is qualified to vote and is:

(1) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;

(2) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;

(3) A member on activated status of the National Guard or state militia; or

(4) A spouse or dependent of a member referred to in this definition.

"United States", used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. [L 2012, c 226, pt of §1; am L 2024, c 178, §1]
Haw. Rev. Stat. § 11-340 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-340
Failure to file report; filing a substantially defective or deficient report.
Status: in_force

(a) True and accurate reports shall be filed with the commission on or before the due dates specified in this part. The commission may assess a fine against a person that is required to file a report under this part if the report is not filed by the due date or if the report is substantially defective or deficient, as determined by the commission.

(b) The fine for not filing a report by the due date, if assessed, shall not exceed $50 per day for the first seven days, beginning with the day after the due date of the report, and shall not exceed $200 per day thereafter; provided that:

(1) In aggregate, the fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and

(2) The minimum fine for a report filed more than four days after the due date, if assessed, shall be $200.

(c) Subsection (b) notwithstanding, if a candidate committee does not file the preliminary primary report that is due ten calendar days prior to a primary, initial special, or initial nonpartisan election, or the preliminary general report that is due ten calendar days prior to a general, subsequent special, or subsequent nonpartisan election; or if a noncandidate committee does not file the preliminary primary report that is due ten calendar days prior to a primary, special, or nonpartisan election, or the preliminary general report that is due ten calendar days prior to a general election by the due date, the fine, if assessed, shall not exceed $300 per day; provided that, in aggregate:

(1) The fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and

(2) The minimum fine, if assessed, shall be $300.

(d) If the commission determines that a report is substantially defective or deficient, the commission shall notify the candidate committee by first class mail that:

(1) The report is substantially defective or deficient; and

(2) A fine may be assessed.

(e) If the corrected report is not filed with the commission's electronic filing system on or before the fourteenth day after the notice of defect or deficiency has been mailed, the fine, if assessed, for a substantially defective or deficient report shall not exceed $50 per day for the first seven days, beginning with the fifteenth day after the notice was sent, and shall not exceed $200 per day thereafter; provided that:

(1) In aggregate, the fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and

(2) The minimum fine for not filing a corrected report more than eighteen days after the notice, if assessed, shall be $200.

(f) The commission shall publish on its website the names of all candidate and noncandidate committees that have failed to:

(1) File a report; or

(2) Correct a report within two weeks from the notice to correct provided by the commission.

(g) All fines collected under this section shall be deposited into the general fund. [L 2010, c 211, pt of §2; am L 2013, c 112, §8; am L 2017, c 108, §1 and c 109, §1; am L 2021, c 204, §1]
Haw. Rev. Stat. § 11-97 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-97
Records open to inspection.
Status: in_force

(a) A voter's full name, district/precinct designation, and voter status shall be public; but all other personal information, as provided on the voter registration affidavit, shall be confidential except for election or government purposes in accordance with rules adopted by the chief election officer, pursuant to chapter 91.

(b) Voted materials shall not be open to the inspection of any voter until after the end of the contest period unless opened upon order of the court. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(dd); am L 1983, c 34, §12; am L 1990, c 156, §8; am L 1997, c 157, §2]
Haw. Rev. Stat. § 11-174 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-174
REPEALED.
Status: in_force

L 1973, c 217, §1(zz).
Haw. Rev. Stat. § 11-103 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-103
Public notice of mailing.
Status: in_force

Public notice of the date or dates on which the initial ballot packages are to be mailed shall be given by the clerks before the ballot packages are made available to voters.
Haw. Rev. Stat. § 11-113 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-113
Presidential ballots.
Status: in_force

(a) In presidential elections, the names of the candidates for president and vice president shall be used on the ballot in lieu of the names of the presidential electors, and the votes cast for president and vice president of each political party shall be counted for the presidential electors and alternates nominated by each political party.

(b) A "national party" as used in this section shall mean a party established and admitted to the ballot in at least one state other than Hawaii or one which is determined by the chief election officer to be making a bona fide effort to become a national party. If there is no national party or the national and state parties or factions in either the national or state party do not agree on the presidential and vice presidential candidates, the chief election officer may determine which candidates' names shall be placed on the ballot or may leave the candidates' names off the ballot completely.

(c) All candidates for president and vice president of the United States shall be qualified for inclusion on the general election ballot under either of the following procedures:

(1) In the case of candidates of political parties that have been qualified to place candidates on the primary and general election ballots, the appropriate official of those parties shall file a sworn application with the chief election officer not later than 4:30 p.m. on the sixtieth day prior to the general election, which shall include:

(A) The name and address of each of the two candidates;

(B) A statement that each candidate is legally qualified to serve under the provisions of the United States Constitution; and

(C) A statement that the candidates are the duly chosen candidates of both the state and the national party, giving the time, place, and manner of the selection; and

(2) In the case of candidates of parties or groups not qualified to place candidates on the primary or general election ballots, the person desiring to place the names on the general election ballot shall file with the chief election officer not later than 4:30 p.m. on the ninetieth day prior to the general election:

(A) A sworn application that shall include the information required under paragraph (1)(A), (B), and (C), where applicable; and

(B) A petition that shall be upon the form prescribed and provided by the chief election officer containing the signatures of currently registered voters which constitute not less than one per cent of the votes cast in the State at the last presidential election. The petition shall contain the names of the candidates, a statement that the persons signing intend to support those candidates, the address of each signatory, the date of the signer's signature, and other information as determined by the chief election officer.

Prior to being issued the petition form, the person desiring to place the names on the general election ballot shall submit a notarized statement from each prospective candidate of that prospective candidate's intent to be a candidate for president or vice president of the United States on the general election ballot of the State of Hawaii. The statements by a prospective candidate for vice president may be withdrawn by that prospective candidate and an alternative candidate for vice president may be substituted any time prior to the notification of qualification or disqualification provided in subsection (d). Any substitutions shall be accompanied by a notice of substitution satisfying subparagraph (A), a statement of intent as required by this paragraph, and a letter by the candidate for president endorsing the substitute candidate for vice president. Upon receipt of a notice of substitution and all other required documents, the substitute shall replace the original candidate for vice president on the general election ballot. The petitions issued in the names of the original candidates will remain valid for the purposes of this section.

(d) Each applicant and the candidates named, shall be notified in writing of the applicant's or candidate's eligibility or disqualification for placement on the ballot not later than 4:30 p.m. on the tenth business day after filing. The chief election officer may extend the notification period up to an additional five business days, if the applicants and candidates are provided with notice of the extension and the reasons therefore.

(e) If the applicant, or any other party, individual, or group with a candidate on the presidential ballot, objects to the finding of eligibility or disqualification the person may, not later than 4:30 p.m. on the fifth day after the finding, file a request in writing with the chief election officer for a hearing on the question. A hearing shall be called not later than 4:30 p.m. on the tenth day after the receipt of the request and shall be conducted in accord with chapter 91. A decision shall be issued not later than 4:30 p.m. on the fifth day after the conclusion of the hearing. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ff); am L 1977, c 189, §1(8); am L 1983, c 34, §14; am L 1993, c 304, §6; am L 2011, c 143, §2]
Haw. Rev. Stat. § 11-325 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-325
When an individual may not serve as a committee officer.
Status: in_force

No candidate committee or noncandidate committee that supports or opposes a candidate shall have an officer who serves as an officer on any other candidate committee or noncandidate committee that supports or opposes the same candidate.
Haw. Rev. Stat. § 11-14 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-14
General county register; restrictions in use.
Status: in_force

(a) The clerk of each county shall register all the voters in the clerk's county in the general county register. The register shall contain the name and address of each voter unless the voter's address is deemed confidential pursuant to section 11‑14.5. Additional information required by section 11-15 may be included in the register at the discretion of the clerk. The general county register shall be available for election or government purposes only in accordance with section 11-97.

(b) The affidavits filed under section 11-15 and the general county register may be copied, and the clerk may release voter lists or data; provided that information furnished in the affidavits shall be copied or released for election or government purposes only in accordance with section 11-97.

(c) Voter registration information that is collected and maintained by the clerk of each county may be transmitted to a central file for the purpose of correlating registration data to prevent or detect duplicate voter registrations and for the compilation of election reports.

(d) Unless authorized under section 11-97, it shall be unlawful for any person to use, print, publish, or distribute any voter registration information acquired directly or indirectly from the voter registration affidavits or any list prepared therefrom. Any person who is designated by the clerk to register voters and collect voter registration affidavits shall be advised of the provisions of this subsection. Any person who violates this subsection shall be guilty of a misdemeanor. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(e); am L 1976, c 106, §1(3); am L 1977, c 189, §1(2); am L 1979, c 139, §2; am L 1982, c 226, §2; gen ch 1985; am L 1990, c 156, §5; am L 1998, c 23, §1; am L 2005, c 201, §2; am L 2012, c 225, §2]
Haw. Rev. Stat. § 11-4 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-4
Rules.
Status: in_force

The chief election officer may make, amend, and repeal rules governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar matters relating thereto as in the chief election officer's judgment shall be necessary to carry out this title.

In making, amending, and repealing rules for voters who cannot vote in person or receive or return ballots by mail, and all other voters, the chief election officer shall provide for voting by these persons in a manner that ensures secrecy of the ballot and precludes tampering with the ballots of these voters and other election frauds. The rules, when adopted in conformity with chapter 91 and upon approval by the governor, shall have the force and effect of law. [L 1970, c 26, pt of §2; gen ch 1985; am L 2019, c 136, §5]
Haw. Rev. Stat. § 11-352 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-352
False name contributions prohibited.
Status: in_force

(a) No person shall make a contribution to any candidate, candidate committee, or noncandidate committee in any name other than that of the person who owns the money, property, or service.

(b) All contributions made in the name of a person other than the owner of the money, property, or service shall escheat to the Hawaii election campaign fund. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-435 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-435
Report and recommendation.
Status: in_force

In January of each year, the commission shall submit to the legislature:

(1) A study and recommendations of reasonable campaign expenditure and contribution limits and the factors which may be relevant in their establishment; and

(2) A report concerning the status of the Hawaii election [campaign] fund. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-25 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-25
Challenge by voters; grounds; procedure.
Status: in_force

(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 the supreme 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.

(b) Any voter rightfully in a voter service center may challenge the right to vote of any person who comes to the voter service center for voting purposes. The challenge shall be on the grounds that the voter is not the person the voter alleges to be, or that the voter is not entitled to vote. No other or further challenge shall be allowed. Any person challenged pursuant to this subsection shall first be given the opportunity to make the relevant correction pursuant to section 11-21. The challenge shall be considered and decided immediately by the clerk, and the ruling shall be announced.

(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, 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. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(m); am L 1979, c 139, §4 and c 196, §5; am L 1980, c 137, §1; am L 1985, c 203, §3; am L 2014, c 166, §2; am L 2019, c 136, §10; am L 2021, c 213, §12]
Haw. Rev. Stat. § 11-132 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-132
Two hundred foot radius.
Status: in_force

(a) Election officials shall post in a conspicuous place, before operation of voting service centers or places of deposit, a map designating an area of two hundred feet from the perimeter of any voter service center, place of deposit, and its appurtenances. Any person who remains or loiters within this specified area for the purpose of campaigning shall be guilty of a misdemeanor. For the purposes of this section, a voter service center, place of deposit, and its appurtenances shall include:

(1) The building in which a voter service center, place of deposit, or its appurtenances are located;

(2) Any parking lot adjacent to the building and routinely used for parking at that building;

(3) The routes of access between the building and any parking lot;

(4) Any route of access between any public thoroughfare (right of way) and the voter service center, place of deposit, or its appurtenances, to ensure an open and accessible ingress and egress to and from the voter service center, place of deposit, or appurtenances for voters; and

(5) Any area at a voter service center, place of deposit, or its appurtenances designated for voters waiting to vote.

(b) The chief election officer may regulate other activities within the area specified in subsection (a) pursuant to rules adopted by the chief election officer under chapter 91 in order to ensure the safe and orderly conduct of elections.

(c) Admission within the voter service center, place of deposit, or appurtenances shall be limited to the following:

(1) Election officials;

(2) Watchers, if any, pursuant to section 11-77;

(3) Candidates;

(4) Any voters actually engaged in voting, going to vote or returning from voting;

(5) Any person, designated by a voter who is physically disabled, while the person is assisting the voter;

(6) Any person or nonvoter group authorized by the clerk to observe the election for educational purposes; provided that these persons conduct themselves so that they do not interfere with the election process; and

(7) A child for the purpose of observing the voting process when accompanied by an adult who is voting; provided that this activity does not disrupt or interfere with normal voting procedures.

(d) Within the appropriate boundary as established in subsection (a), the display or distribution of campaign posters, signs, or other campaign materials for the purpose of soliciting votes for or against any person or political party or position on a ballot question is prohibited. Any voter who displays campaign material in the voter service center, place of deposit, or its appurtenances shall remove or cover that material before entering the voter service center, place of deposit, or its appurtenances. The chief election officer may adopt rules pursuant to chapter 91 to address special circumstances regarding the display of campaign materials. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(nn); am L 1975, c 36, §1(7); am L 1980, c 264, §1(j); gen ch 1985; am L 1993, c 97, §2; am L 1994, c 95, §1; am L 2019, c 136, §18; am L 2021, c 213, §27]
Haw. Rev. Stat. § 11-364 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-364
Excess contribution; return; escheat.
Status: in_force

(a) Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-357, 11-358, 11-359, or 11-360 shall return any excess contribution to the contributor within thirty days of receipt of the excess contribution. Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-362 shall return any excess contribution to the contributor within thirty days of the end of the election period; provided that the candidate, candidate committee, or noncandidate committee may choose which contributions to return. Any excess contribution not returned to the contributor within thirty days shall escheat to the Hawaii election campaign fund.

(b) A candidate, candidate committee, or noncandidate committee that complies with this section prior to the initiation of administrative action shall not be subject to any fine under section 11-410. [L 2010, c 211, pt of §2; am L 2021, c 207, §1]
Haw. Rev. Stat. § 11-2 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-2
Chief election officer; duties.
Status: in_force

(a) The chief election officer shall supervise all state elections. The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county or to other specified persons.

(b) The chief election officer shall be responsible for the maximization of registration of eligible electors throughout the State. In maximizing registration, the chief election officer shall make an effort to equalize registration between districts, with particular effort in those districts in which the chief election officer determines registration is lower than desirable. The chief election officer, in carrying out this function, may make surveys, carry on house-to-house canvassing, and assist or direct the clerk in any other area of registration.

(c) The chief election officer shall maintain data concerning registered voters, elections, apportionment, and districting. The chief election officer shall use this data to assist the reapportionment commission provided for under Article IV of the Constitution.

(d) The chief election officer shall be responsible for public education with respect to voter registration and information.

(e) The chief election officer shall adopt rules governing elections in accordance with chapter 91. [L 1970, c 26, pt of §2; am L 1979, c 51, §5; gen ch 1985; am L 1990, c 116, §2; am L Sp 1995, c 27, §§4, 15; am L 1996, c 173, §§2, 3, 8; am L 1997, c 2, §17; am L 1999, c 141, §3; am L 2003, c 8, §2]
Haw. Rev. Stat. § 11-430 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-430
Application for public funds.
Status: in_force

(a) Each application for public funds shall be signed by the candidate and notarized, and accompanied by the qualifying campaign contribution statement or statements.

(b) The application shall be mailed or delivered to the commission and shall not be valid unless received by the commission no later than thirty days after the general election.

(c) Each candidate in receipt of the minimum qualifying contribution amount established for the office that the candidate seeks may apply to the commission for public funding after the candidate has become a candidate in a primary or general election. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-24 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-24
Closing register.
Status: in_force

(a) At 4:30 p.m. on the tenth day before each election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter, the general county register shall be closed to registration for persons seeking to vote and remain closed to registration until after the election, subject to change only as provided in sections 11-15.2, 11-21(c), 11-22, 11-25, 11-26, and this section.

(b) Notwithstanding the time of closing the general county registrar under subsection (a), the clerk may accept an application submitted on the tenth day if it was received electronically through the online voter registration system in accordance with section 11-15.3 or received as part of a driver's licensing transaction or from another designated voter registration agency under the National Voter Registration Act of 1993. The clerk shall also accept an application that is postmarked before or on the tenth day before the election. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(1); am L 1976, c 106, §1(6); am L 1977, c 189, §1(3); am L 1979, c 139, §3; am L 1990, c 156, §7; am L 1992, c 129, §5; am L 2012, c 225, §4; am L 2021, c 213, §11]
Haw. Rev. Stat. § 16-42 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-42
Electronic voting requirements.
Status: in_force

(a) When used at primary or special primary elections, the automatic tabulating equipment of the electronic voting system shall count only votes for the candidates of one party, or nonpartisans. In all elections, the equipment shall reject all votes for an office when the number of votes therefor exceeds the number that the voter is entitled to cast.

No electronic voting system shall be used in any election unless it generates a paper ballot or voter verifiable paper audit trail that may be inspected and corrected by the voter before the vote is cast, and unless every paper ballot or voter verifiable paper audit trail is retained as the definitive record of the vote cast.

(b) The chief election officer may rely on electronic tallies created directly by electronic voting systems, in lieu of counting the paper ballots by hand or with a mechanical tabulation system, if:

(1) The electronic voting system is subject to inspection, audit, and experimental testing, by qualified observers, before and after the election, pursuant to administrative rules adopted by the chief election officer under chapter 91;

(2) No upgrades, patches, fixes, or alterations are applied to the system through thirty days after the election;

(3) The chief election officer conducts a post-election, pre-certification audit of a random sample of not less than ten per cent of the precincts employing the electronic voting system, to verify that the electronic tallies generated by the system in those precincts equal hand tallies of the paper ballots generated by the system in those precincts; provided that accurate copies of the paper ballots, including accurate electronic copies, may be used in place of the paper ballots when verifying that the electronic tallies are equal to the hand tallies of the paper ballots; and

(4) When discrepancies appear in the pre-certification audits in paragraph (3), the chief election officer, pursuant to administrative rules, immediately conducts an expanded audit to determine the extent of misreporting in the system. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(g); am L 1979, c 139, §12; am L 2005, c 200, §1; am L 2006, c 5, §2; am L 2024, c 27, §2]
Haw. Rev. Stat. § 16-22 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-22
Marking.
Status: in_force

The method of marking a paper ballot shall be prescribed by the chief election officer by rules and regulations promulgated in accordance with chapter 91. The chief election officer shall prescribe a uniform method of marking the ballots in all precincts in a county and for absentee voting by paper ballot.
Haw. Rev. Stat. § 11-105 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-105
Replacement ballots.
Status: in_force

(a) A voter may obtain a replacement ballot if the ballot was destroyed, spoiled, or lost by contacting the clerk. The chief election officer may prescribe a replacement ballot application form that shall include information that allows the clerk to verify the registration of the voter and ensure that another ballot has not been returned by the voter.

(b) Upon receipt of a completed replacement ballot application form or request, the clerk shall:

(1) Verify the registration of the voter and ensure that another ballot has not been returned by the voter;

(2) Record that the voter has requested a replacement ballot;

(3) Mark the return identification envelope as containing a replacement ballot; and

(4) Issue the replacement ballot package by mail or make the ballot package available for pick-up by the voter.

(c) Voters who obtain a replacement ballot shall return the return identification envelope containing the marked replacement ballot in the same manner as provided in section 11-104(c). [L 2019, c 136, pt of §2; am L 2021, c 213, §20]
Haw. Rev. Stat. § 11-1.5 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-1.5
Office of elections established.
Status: in_force

(a) There is established an office of elections to provide support to the chief election officer. The office shall be placed within the department of accounting and general services for administrative purposes. The chief election officer shall be the administrator of the office of elections. Except for exercising the right to vote, the full-time employees of the office of elections shall not support, advocate, or aid in the election or defeat of any candidate for public office.

(b) The office of elections shall provide staff support to the elections commission, as requested by the elections commission. [L Sp 1995, c 27, pt of §2, §15; am L 1999, c 141, §§3, 5; am L 2003, c 117, §2; am L 2004, c 57, §8]
Haw. Rev. Stat. § 12-6 — HI Code / Division 1 / Title 2 / Chapter 12 / Section 12-6
Nomination papers: time for filing; fees.
Status: in_force

[Section effective until December 31, 2027. For section effective January 1, 2028, see below.] (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, or clerk in case of county offices, not later than 4:30 p.m. on the first Tuesday in June. However, in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that is issued calling for the election as provided for by state law or county charter. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate's declaration of candidacy without delay.

(b) If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall accept nomination papers for that office until 4:30 p.m. on the tenth day after the original close of filing.

[(c)] There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election which shall be paid into the treasury of the State, or county, as the case may be, as a realization:

(1) For United States senators and United States representatives--$75;

(2) For governor and lieutenant governor--$750;

(3) For mayor--$500; and

(4) For all other offices--$250.

[(d)] Upon the receipt by the chief election officer or the clerk of the nomination paper of a candidate, the day, hour, and minute when it was received shall be endorsed thereon.

(e) Upon the showing of a certified copy of an affidavit which has been filed with the campaign spending commission pursuant to section 11-423 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts:

(1) For the office of governor and lieutenant governor--$675;

(2) For the office of mayor--$450; and

(3) For all other offices--$225.

[(f)] The chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent and who has filed a petition signed by currently registered voters who constitute at least one-half of one per cent of the total voters registered at the last preceding general election in the respective district or districts which correspond to the specific office for which the indigent person is a candidate. This petition shall be submitted on the form prescribed and provided by the chief election officer together with the nomination paper required by this chapter. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(c); am L 1974, c 34, §2(b); am L 1975, c 36, §2(3); am L 1976, c 106, §2(2); am L 1977, c 189, §2(1); am L 1979, c 196, §7 and c 224, §5; am L 1983, c 34, §20; am L 1990, c 35, §8; am L 1991, c 10, §2; am L 2000, c 129, §1; am L 2002, c 30, §1; am L 2010, c 126, §3 and c 211, §4]

§12-6 Nomination papers; time for filing; manner of filing; fees. [Section effective January 1, 2028. For section effective until December 31, 2027, see above.] (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer , or clerk in case of county offices, no later than 4:30 p.m. on the first Tuesday in June; provided that in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that calls for the election as provided for by state law or county charter. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate's declaration of candidacy without delay. Nomination papers may be filed electronically with the chief election officer, or clerk in the case of a county office, using an electronic filing system operated and maintained by the office of elections; provided that no additional fee shall be charged to the filer for submitting nomination papers electronically.

(b) If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall accept nomination papers for that office until 4:30 p.m. on the tenth day after the original close of filing.

[(c)] There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election which shall be paid into the treasury of the State, or county, as the case may be, as a realization:

(1) For United States senators and United States representatives--$75;

(2) For governor and lieutenant governor--$750;

(3) For mayor--$500; and

(4) For all other offices--$250.

[(d)] Upon the receipt by the chief election officer or the clerk of the nomination paper of a candidate, the day, hour, and minute when it was received shall be endorsed thereon.

(e) Upon the showing of a certified copy of an affidavit which has been filed with the campaign spending commission pursuant to section 11-423 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts:

(1) For the office of governor and lieutenant governor--$675;

(2) For the office of mayor--$450; and

(3) For all other offices--$225.

[(f)] The chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent and who has filed a petition signed by currently registered voters who constitute at least one-half of one per cent of the total voters registered at the last preceding general election in the respective district or districts which correspond to the specific office for which the indigent person is a candidate. This petition shall be submitted on the form prescribed and provided by the chief election officer together with the nomination paper required by this chapter. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(c); am L 1974, c 34, §2(b); am L 1975, c 36, §2(3); am L 1976, c 106, §2(2); am L 1977, c 189, §2(1); am L 1979, c 196, §7 and c 224, §5; am L 1983, c 34, §20; am L 1990, c 35, §8; am L 1991, c 10, §2; am L 2000, c 129, §1; am L 2002, c 30, §1; am L 2010, c 126, §3 and c 211, §4; am L 2025, c 194, §2]

Revision Note

Subsection (b) was enacted as a new section but is codified to this section pursuant to §23G-15.
Haw. Rev. Stat. § 11-5 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-5
Employees.
Status: in_force

(a) Pursuant to section 11-1.55, the chief election officer may employ a staff with or without regard to chapter 76 at the discretion of the chief election officer, and without regard to chapter 89 and section 28-8.3. The office of elections staff may:

(1) Supervise state elections;

(2) Maximize registration of eligible voters throughout the State;

(3) Maintain data concerning registered voters, elections, apportionment, and districting; and

(4) Perform other duties as prescribed by law.

The chief election officer or county clerk may employ precinct officials and other election employees as the chief election officer or county clerk may find necessary, none of whom shall be subject to chapters 76 and 89.

(b) Notwithstanding chapters 103 and 103D, the chief election officer may contract with community organizations, school booster clubs, and nonprofit organizations for the provision and compensation of precinct officials and other election related personnel, services, and activities; provided that to be eligible to enter into a contract, the organization or club shall have received a tax clearance certificate from the department of taxation and shall not be a political action committee or organized for a political purpose. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(c); am L 1977, c 199, §2; gen ch 1985; am L 1995, c 71, §1; am L Sp 1995, c 27, §§5, 15; am L 1999, c 141, §3; am L 2000, c 253, §150; am L 2004, c 57, §3; am L 2005, c 201, §1 and c 202, §2]
Haw. Rev. Stat. § 11-1.55 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-1.55
Exemptions.
Status: in_force

The office of elections shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:

(1) Make direct communications with the governor and legislature;

(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the office of elections without the approval of the comptroller; and

(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.

The office of elections shall follow all applicable personnel laws. [L 2004, c 57, §2]
Haw. Rev. Stat. § 11-426 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-426
Candidate exceeds voluntary expenditure limit.
Status: in_force

A candidate who files the affidavit agreeing to limit expenditures and who exceeds the expenditure limit for that election shall:

(1) Notify all opponents, the office of elections, and the commission by telephone and writing on the day the expenditure limit is exceeded;

(2) Pay the balance of the full filing fee; and

(3) Provide reasonable notice to all contributors within thirty days of exceeding the limit that the expenditure limit was exceeded. [L 2010, c 211, pt of §2; am L 2014, c 140, §1]
Haw. Rev. Stat. § 11-342 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-342
Fundraiser; fundraiser event; notice of intent; when prohibited.
Status: in_force

(a) No fundraiser shall be held unless a notice of intent to hold the fundraiser is filed with the commission setting forth the name and address of the person in charge, the price per person, the date, hour, and place of the fundraiser, and the method thereof.

(b) The person in charge of the fundraiser shall file the notice with the commission prior to the fundraiser.

(c) During any regular session or special session of the state legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, no elected official shall hold a fundraiser event.

(d) As used in this section:

"Elected official" means an individual who currently holds an elected state or county office, including the governor, lieutenant governor, state senator, state representative, trustee of the office of Hawaiian affairs, county mayor, county council member, county prosecuting attorney, and any individual appointed to serve in any of the aforementioned offices.

"Fundraiser" means any function held for the benefit of a candidate, candidate committee, or noncandidate committee that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function.

"Fundraiser event" means any function held for the benefit of an elected official that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function. [L 2010, c 211, pt of §2; am L 2022, c 283, §2; am L 2023, c 4, §1]
Haw. Rev. Stat. § 11-140 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-140
Spoiled ballots.
Status: in_force

In elections using the paper ballot and electronic voting systems, if a voter spoils a ballot, the voter may obtain another upon returning the spoiled one. Before returning the spoiled ballot, the voter shall conform to the procedure promulgated by the chief election officer to retain the secrecy of the vote.
Haw. Rev. Stat. § 11-327 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-327
Ballot issue committee; contributions and expenditures.
Status: in_force

(a) A ballot issue committee shall receive contributions or make expenditures only for or against any issue appearing on the ballot at the next applicable election.

(b) A ballot issue committee is prohibited from receiving contributions or making expenditures to influence the nomination or election of a candidate to office.

(c) A ballot issue committee shall return all surplus funds to the contributors or donate funds to a community service, educational, youth, recreational, charitable, scientific, or literary organization within ninety days after the election for which the issue appeared on the ballot. Surplus funds that are not returned or donated within ninety days after the election for which the issue appeared on the ballot shall escheat to the Hawaii election campaign fund.

(d) Every ballot issue committee shall terminate its registration with the commission by filing a termination report to be approved as provided in section 11-326. The termination report shall be filed within ninety days after the election for which the issue appeared on the ballot. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 16-25 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-25
Order and method of counting.
Status: in_force

Each ballot shall be counted and finished as to all the candidates thereon before counting a second and subsequent ballots. The ballots shall be counted by teams in the following manner only: by one election official announcing the vote in a loud clear voice, one election official tallying the vote, one election official watching the election official announcing the vote and one election official watching the election official tallying the vote. The election official doing the announcing or tallying and the election official watching that official shall not be of the same political party.
Haw. Rev. Stat. § 14-25 — HI Code / Division 1 / Title 2 / Chapter 14 / Section 14-25
Duties of the governor; certification of electors by the governor.
Status: in_force

(a) In submitting the State's certificate of ascertainment as required by title 3 United States Code section 6, the governor shall certify the State's electors and state in the certificate that:

(1) The electors shall serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector shall fill the vacancy; and

(2) If a substitute elector is appointed to fill a vacancy, the governor shall submit an amended certificate of ascertainment stating the names on the final list of the State's electors.

(b) On or before the day of the meeting of the electors; the governor shall deliver to the electors a list of the names of electors and perform any other duties relating to the presidential electors that are required of the governor by laws of the United States. [L 1970, c 26, pt of §2; gen ch 1985; am L 2023, c 114, §4]
Haw. Rev. Stat. § 13D-5 — HI Code / Division 1 / Title 2 / Chapter 13D / Section 13D-5
Term of office; vacancies.
Status: in_force

[(a)] The term of office of members of the board shall be four years beginning on the day of the general election at which they are elected, or if elected at a primary election, on the day of the general election immediately following the primary election at which they are elected, and ending on the day of the second general election after their election. Members of the board may be reelected without restriction as to the number of terms.

[(b)] Any vacancy that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 17-7. [L 1979, c 196, pt of §8; am L 1980, c 264, §4; am L 2013, c 287, §3]
Haw. Rev. Stat. § 17-4 — HI Code / Division 1 / Title 2 / Chapter 17 / Section 17-4
State representatives.
Status: in_force

(a) Whenever any vacancy in the membership of the state house of representatives occurs, the governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same state representative district as the prior incumbent. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy.

(b) If the prior incumbent was not a member of any political party, the governor, within sixty calendar days following the first day of vacancy, shall appoint a person who is at the time of appointment a resident of the same state representative district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party. [L 1970, c 26, pt of §2; gen ch 1985; am L 1992, c 276, §2; am L 2007, c 57, §4]
Haw. Rev. Stat. § 11-338 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-338
Late contributions; late expenditures; report.
Status: in_force

(a) The candidate, authorized person in the case of a noncandidate committee that is a party, or treasurer in the case of a candidate committee or other noncandidate committee, that, within the period of fourteen calendar days through four calendar days before any election for which the candidate is on the ballot, makes contributions aggregating more than $500, or receives contributions from any person aggregating more than $500, shall file a late contribution report by means of the commission's electronic filing system on or before the third calendar day before the election for which the candidate is on the ballot.

(b) The late contribution report shall include the following information:

(1) Name, address, occupation, and employer of the contributor;

(2) Name of the candidate, candidate committee, or noncandidate committee making or receiving the contribution; provided that, for noncandidate committees making only independent expenditures, if a late contribution greater than $5,000 in the aggregate is received from an entity other than an individual, for-profit business entity, or labor union, then the report shall include:

(A) The internet address where the contributing entity's disclosure report can be publicly accessed, if the contributing entity is subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;

(B) The name, address, occupation, and employer of each funding source of more than $100 in the aggregate to that contributing entity; or

(C) An acknowledgment that the contributing entity is not subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;

(3) The amount of the contribution received;

(4) The amount of the contribution made;

(5) The contributor's aggregate contributions to the candidate, candidate committee, or noncandidate committee;

(6) The purpose, if any, to which the contribution will be applied, including, for contributions to a noncandidate committee, the name of any candidate supported, opposed, or clearly identified; and

(7) For a nonprofit organization filing a late contribution report, the amount and date of deposit of each donation received and the name and address of each donor making a donation individually or aggregating more than $10,000 during an election period, which was not previously reported pursuant to section 11-335; provided that a schedule filed pursuant to this section shall not include a donor if the donor has not provided consent pursuant to section 11-345.

(c) A noncandidate committee that makes independent expenditures in an aggregate amount of more than $500 within the period between fourteen and four calendar days prior to any election shall file a late expenditure report by means of the commission's electronic filing system on or before the third calendar day prior to the election. The late expenditure report shall include the following information for each expenditure:

(1) The amount and date made;

(2) The vendor name, address, and contact information; and

(3) The purpose, including the name of any candidate supported, opposed, or clearly identified by the expenditure.

(d) A late contribution report or late expenditure report filed pursuant to this section shall be in addition to any other report required to be filed by this part. [L 2010, c 211, pt of §2; am L 2013, c 112, §7; am L 2015, c 209, §3; am L 2021, c 195, §1; am L 2022, c 169, §5]
Haw. Rev. Stat. § 11-314 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-314
Duties of the commission.
Status: in_force

The duties of the commission under this part are to:

(1) Develop and adopt forms required by this part;

(2) Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping;

(3) Preserve all reports required by this part for at least ten years from the date of receipt by the commission;

(4) Permit the inspection, copying, or duplication of any report required by this part pursuant to rules adopted by the commission under chapter 91; provided that this paragraph shall not apply to the sale or use of information under section 11-344;

(5) Ascertain whether any person has failed to file a report required by this part or has filed a substantially defective or deficient report. The commission shall notify the person by first class mail that a fine may be assessed for the failure to file or the filing of a substantially defective or deficient report, and the defective or deficient report shall be corrected and explained. All fines collected under this section as authorized by sections 11-340 and 11-410 shall be deposited in the general fund of the State;

(6) Hold public hearings;

(7) Investigate and hold hearings for receiving evidence of any violations pursuant to subpart I of this part;

(8) Adopt rules pursuant to chapter 91;

(9) Request the initiation of prosecution for the violation of this part pursuant to section 11-411;

(10) Administer and monitor the distribution of public funds under this part;

(11) Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part;

(12) Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation; provided that the commission shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission;

(13) Conduct random audits and field investigations, as necessary; and

(14) File for injunctive relief when indicated. [L 2010, c 211, pt of §2; am L 2013, c 112, §3]
Haw. Rev. Stat. § 16-46 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-46
Counting defective ballots.
Status: in_force

Counting center employees shall prepare a new ballot to replace each defective ballot; provided that the replacement ballot may not be counted until reviewed by at least two official observers. The defective ballots shall be segregated and the replacement ballots counted pursuant to rules adopted by the chief election officer.
Haw. Rev. Stat. § 11-427 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-427
Reserving use of contributions.
Status: in_force

A candidate who files the affidavit voluntarily agreeing to limit expenditures and who receives contributions that in aggregate exceed the expenditure limit for an election shall reserve use of any contributions that exceed the limit until after the applicable election.
Haw. Rev. Stat. § 16-26 — HI Code / Division 1 / Title 2 / Chapter 16 / Section 16-26
Questionable ballots.
Status: in_force

A ballot shall be questionable if:

(1) The ballot contains any mark or symbol whereby it can be identified, or any mark or symbol contrary to the provisions of law; or

(2) Two or more ballots are found in the ballot box so folded together as to make it clearly evident that more than one ballot was put in by one person, the ballots shall be set aside as provided below.

Each ballot that is held to be questionable shall be endorsed on the back by a voter service center official with the official's name or initials, and the word "questionable". All questionable ballots shall be set aside uncounted and disposed of as provided for ballots in section 11-154. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(d); gen ch 1985, 1993; am L 2021, c 213, §41]
Haw. Rev. Stat. § 11-317 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-317
Exemptions.
Status: in_force

(a) The commission shall be exempt from section 26-35(a)(1), (4), and (5) and shall:

(1) Make direct communications with the governor and legislature;

(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission without the approval of the comptroller; and

(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.

(b) The commission shall follow and be subject to all applicable personnel laws. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-326 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-326
Termination of candidate committee's or noncandidate committee's registration.
Status: in_force

A candidate committee or noncandidate committee may terminate its registration if:

(1) The candidate committee or noncandidate committee:

(A) Files a request for registration termination form;

(B) Files a report disclosing contributions and expenditures not previously reported by the committee, and the committee has no surplus or deficit; and

(C) Mails or delivers to the commission a copy of the committee's closing bank statement; and

(2) The request is approved by the commission. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-334 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-334
Time for candidate committee to file preliminary, final, and supplemental reports.
Status: in_force

(a) The candidate and treasurer of the candidate committee of each candidate whose name will appear on the ballot shall file preliminary, final, and supplemental reports as follows:

(1) The filing dates for preliminary reports are:

(A) February 28 of the year of a general election;

(B) April 30 of the year of a general election;

(C) Thirty calendar days before a primary, initial special election, or initial nonpartisan election;

(D) Ten calendar days before a primary, initial special election, or initial nonpartisan election;

(E) October 1 of the year of a general election; and

(F) Ten calendar days before a general, subsequent special election, or subsequent nonpartisan election;

provided that the preliminary reports required by subparagraphs (E) and (F) shall not be required from a candidate who is unsuccessful in a primary, initial special election, or initial nonpartisan election, or a candidate who is elected to office in the primary, initial special election, or initial nonpartisan election. The preliminary report filed by the date required under subparagraph (C) shall be current through June 30, and all other preliminary reports shall be current through the fifth calendar day before the filing deadline of those other preliminary reports;

(2) The filing date for the final primary report is twenty calendar days after a primary, initial special election, or initial nonpartisan election. The report shall be current through the day of the applicable election;

(3) The filing date for the final election period report is thirty calendar days after a general, subsequent, subsequent special election, or subsequent nonpartisan election. The report shall be current through the day of the applicable election. The final election period report shall be filed by a candidate who is unsuccessful in a primary, initial special election, or initial nonpartisan election or a candidate who is elected to office in the primary, initial special election, or initial nonpartisan election; provided that a candidate who is elected and is to be sworn into office before thirty calendar days after a general, subsequent, subsequent special election, or subsequent nonpartisan election in which the candidate was elected, shall file the final election period report three business days before the date the candidate is to be sworn into office; and

(4) The filing dates for supplemental reports are:

(A) January 31 annually; and

(B) July 31 after an election year.

The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.

(b) A candidate and treasurer of the candidate committee of each candidate with a deficit or surplus whose name will not appear on the ballot in the immediately succeeding election shall file a supplemental report every six months on January 31 and July 31 until:

(1) The candidate's name appears on the ballot and then is subject to the reporting requirements in subsection (a); or

(2) The committee's registration is terminated as provided in section 11-326.

The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.

(c) A candidate and treasurer of the candidate committee of each candidate shall continue to file all required reports until the committee's registration is terminated as provided in section 11-326. [L 2010, c 211, pt of §2; am L 2012, c 118, §1; am L 2017, c 97, §1; am L 2019, c 241, §1; am L 2022, c 3, §1; am L 2023, c 119, §1]
Haw. Rev. Stat. § 11-336 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-336
Time for noncandidate committee to file preliminary, final, and supplemental reports.
Status: in_force

(a) The filing dates for preliminary reports are:

(1) Ten calendar days prior to a primary, special, or nonpartisan election;

(2) Ten calendar days prior to a general election; and

(3) October 1 of the year of a general election.

Each preliminary report shall be current through the fifth calendar day prior to the filing of the report.

(b) The filing date for the final primary report is twenty calendar days after the primary, initial special, or initial nonpartisan election. The report shall be current through the day of the applicable election.

(c) The filing date for the final election period report is thirty calendar days after a general, subsequent special, or subsequent nonpartisan election. The report shall be current through the day of the applicable election.

(d) The filing dates for supplemental reports are:

(1) January 31; and

(2) July 31 after an election year.

The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.

(e) The authorized person in the case of a party, or treasurer in the case of any other noncandidate committee, shall continue to file all reports until the committee's registration is terminated as provided in section 11-326. [L 2010, c 211, pt of §2; am L 2013, c 111, §2; am L 2015, c 79, §1]
Haw. Rev. Stat. § 13D-4 — HI Code / Division 1 / Title 2 / Chapter 13D / Section 13D-4
Election of board members.
Status: in_force

(a) Beginning January 1, 2014, members of the board of trustees shall be nominated at a primary election and elected at the general election in every even-numbered year. Except as otherwise provided by this chapter, members shall be nominated and elected in the manner prescribed by this title.

(b) The chief election officer shall prepare the nomination papers in such a manner that a candidate desiring to file for election to the board shall be able to specify whether the candidate is seeking a seat requiring residency on a particular island or a seat without a residency requirement.

(c) The board of trustees ballot shall be prepared in such a manner that every voter qualified and registered under section 13D-3 shall be afforded the opportunity to vote for each and every candidate seeking election to the board. The ballot shall contain the names of all board candidates arranged in accordance with section 11-115.

(d) Each voter registered to vote in the general election shall be entitled to receive the office of Hawaiian affairs ballot and to vote for the number of seats available on the respective islands.

(e) Any election with only one available seat without a residency requirement or for any available seat requiring residency on a particular island shall be conducted as follows:

(1) If, after the close of filing of nomination papers, there is only one qualified candidate for any available seat, the chief election officer shall declare the candidate to be duly and legally elected, and the name of that candidate shall not appear on the primary or the general election ballot;

(2) If, after the close of filing nomination papers, there are only two qualified candidates for any available seat, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot; and

(3) If, at the close of filing of nomination papers, there are three or more qualified candidates for any available seat, the names of those candidates shall be listed on the primary election ballot. The two candidates receiving the highest number of votes for each available seat shall be nominated at the primary election for the general election; provided that if any candidate receives more than fifty per cent of the total votes cast for the available seat at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot.

(f) Any election with three available seats without a residency requirement shall be conducted as follows:

(1) If, after the close of filing of nomination papers, there are only three or less qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates to be duly and legally elected and the names of those candidates shall not appear on the primary or general election ballot;

(2) If, after the close of filing of nomination papers, there are four, five, or six qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates duly nominated for the general election. The names of those candidates shall not appear on the primary election ballot; and

(3) If, at the close of filing of nomination papers, there are seven or more qualified candidates for the available seats without a residency requirement, the names of those candidates shall be listed on the primary election ballot. The qualified candidates receiving the highest number of total votes at the primary election shall be declared by the chief election officer duly nominated for the general election provided that the general election shall include no more than twice the number of qualified candidates as seats available; provided further that if any candidate receives more than fifty per cent of the total votes cast for the available seats at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot. [L 1979, c 196, pt of §8; gen ch 1985; am L 2013, c 287, §2]
Haw. Rev. Stat. § 11-335 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-335
Noncandidate committee reports.
Status: in_force

(a) The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file preliminary, final, and supplemental reports that disclose the following information:

(1) The noncandidate committee's name and address;

(2) The cash on hand at the beginning of the reporting period and election period;

(3) The reporting period and election period aggregate totals for each of the following categories:

(A) Contributions received;

(B) Contributions made;

(C) Expenditures; and

(D) Other receipts;

(4) The cash on hand at the end of the reporting period; and

(5) The surplus or deficit at the end of the reporting period.

(b) Schedules filed with the reports shall include the following additional information:

(1) The amount and date of deposit of each contribution received and the name, address, occupation, and employer of each contributor making a contribution aggregating more than $100 during an election period, which was not previously reported pursuant to this section; provided that if:

(A) All the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit; and

(B) A noncandidate committee making only independent expenditures receives a contribution of more than $10,000 in the aggregate in an election period from an entity other than an individual, for-profit business entity, or labor union, then the schedule shall include:

(i) The internet address where the contributing entity's disclosure report can be publicly accessed, if the contributing entity is subject to state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;

(ii) The name, address, occupation, and employer of each funding source that contributed $100 or more in the aggregate in an election period to that contributing entity; or

(iii) An acknowledgment that the contributing entity is not subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;

(2) The amount and date of each contribution made and the name and address of the candidate, candidate committee, or noncandidate committee to which the contribution was made;

(3) All expenditures, including the name and address of each payee and the amount, date, and purpose of each expenditure; provided that:

(A) Expenditures for advertisements or electioneering communications shall include the names of the candidates supported, opposed, or clearly identified;

(B) Expenditures for consultants, advertising agencies and similar firms, credit card payments, and salaries shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;

(C) Independent expenditures shall include the name of any candidate supported, opposed, or clearly identified; and

(D) The purpose of an independent expenditure shall include the name of the candidate who is supported or opposed by the expenditure, and whether the expenditure supports or opposes the candidate;

(4) For noncandidate committees making only independent expenditures, certification that no expenditures have been coordinated with a candidate, candidate committee, or any agent of a candidate or candidate committee;

(5) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;

(6) A description of each durable asset, the date of acquisition, value at the time of acquisition, and the name and address of the vendor or contributor of the asset;

(7) The date of disposition of a durable asset, value at the time of disposition, method of disposition, and name and address of the person receiving the asset; and

(8) For donations received by a nonprofit organization subject to this chapter and operating as a noncandidate committee, the amount and date of deposit of each donation received and the name and address of each donor making a donation individually or aggregating more than $10,000 during an election period, which was not previously reported pursuant to this section; provided that a schedule filed pursuant to this section shall not include a donor if the donor has not provided consent pursuant to section 11-345.

(c) No loan may be made or received by a noncandidate committee.

(d) The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file a late contribution report as provided in section 11-338 if the committee receives late contributions from any person aggregating more than $500 or makes late contributions aggregating more than $500. [L 2010, c 211, pt of §2; am L 2013, c 111, §1 and c 112, §5; am L 2015, c 209, §2; am L 2021, c 205, §2; am L 2022, c 169, §4]
Haw. Rev. Stat. § 11-422 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-422
Depletion of fund.
Status: in_force

(a) The commission shall be under no obligation to provide moneys to candidates if, in the partial public funding program or comprehensive public funding for elections to the county of Hawaii council, moneys in the Hawaii election campaign fund are near depletion.

(b) For the purpose of the partial funding program, if the Hawaii election campaign fund is close to depletion as determined by the commission, the commission shall determine the amounts available to eligible candidates based on their order of eligibility in qualifying for partial public funds, as determined by the date of filing of an application for public funds with the commission pursuant to section 11-428; provided that the application has been accepted by the commission.

(c) For the purpose of the comprehensive public funding for elections to the county councils, if the Hawaii [election] campaign fund is close to depletion, the commission shall determine whether the program shall be operative in accordance with this part. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-337 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-337
Reporting expenditures.
Status: in_force

(a) For purposes of this part, an expenditure is deemed to be made or incurred when the services are rendered or the product is delivered. Services rendered or products delivered for use during a reporting period are deemed delivered or rendered during the period or periods of use; provided that these expenditures shall be reasonably allocated between periods in accordance with the time the services or products are actually used.

(b) Any expenditure that is contracted or paid for and that is to be rendered during the last three days prior to an election shall be included in a late expenditure report as provided in section 11-338. [L 2010, c 211, pt of §2; am L 2013, c 112, §6]
Haw. Rev. Stat. § 11-108.5 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-108.5
Validity of cast mail-in ballot where voter later becomes ineligible.
Status: in_force

The mail-in ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote, including by death of the voter, after casting the ballot. For the purposes of this section, "cast" means that the voter has:

(1) Returned the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner permitted pursuant to section 11-104(c); or

(2) Completed voting in person at a voter service center. [L 2023, c 113, §2]
Haw. Rev. Stat. § 11-183 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-183
Election expenses when no state elections.
Status: in_force

All expenses for county elections which do not involve state offices shall be borne by the county and paid out of such appropriations as may be made by the council for election purposes.
Haw. Rev. Stat. § 11-152 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-152
Method of counting.
Status: in_force

(a) For votes cast using the electronic voting system, the ballots shall be taken in the sealed ballot containers to the counting center according to the procedure and schedule adopted by the chief election officer to promote the security of the ballots. For all votes cast in an election, in the presence of official observers, counting center employees may start to count the ballots before election day, as specified in section 11-108.

(b) In an election conducted by ranked-choice voting, votes shall be counted as provided in section 11-100. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(vv); am L 1975, c 36, §1(13); am L 1977, c 189, §1(10); am L 1980, c 264, §1(p); am L 1993, c 304, §7; gen ch 1993; am L 2019, c 136, §21; am L 2022, c 47, §6]
Haw. Rev. Stat. § 11-431 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-431
Payment to candidate.
Status: in_force

(a) Upon the commission's approval of the application and statement of qualifying contributions, the commission shall direct the comptroller to distribute matching public funds up to the maximum amount of public funds allowed by section 11-425. Public funds shall be distributed to the candidate within twenty days from the date that the candidate's initial application and qualifying contribution statement is approved by the commission.

(b) The commission shall make additional determinations within fourteen days after receiving a complete application and supplemental statement of qualifying contributions from a candidate.

(c) All determinations made by the commission under this section are final and conclusive, except to the extent they are subject to examination and audit by the commission under section 11-434. [L 2010, c 211, pt of §2]
Haw. Rev. Stat. § 11-2.8 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-2.8
Publication of election notices.
Status: in_force

Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever an election officer is required to issue a public notice in a statewide or county publication, the publication requirement shall be deemed satisfied upon the submission of the notice to the publication; provided that the notice is also conspicuously posted on the website associated with the election officer. The inadvertent failure of a publication to publish a notice in a timely manner shall not invalidate any legal consequences or actions associated with the notice.
Haw. Rev. Stat. § 11-409 — HI Code / Division 1 / Title 2 / Chapter 11 / Section 11-409
Final determination of violation; order.
Status: in_force

If the commission makes a final determination of a violation of this part, its written decision with findings of fact and conclusions of law may order any of the following:

(1) The return of any contribution;

(2) The reimbursement of any unauthorized expenditure;

(3) The payment of any administrative fine to the general fund of the State;

(4) The respondent to cease and desist violations of this part; or

(5) Any report, statement, or other information to be filed that may be required by this part. [L 2010, c 211, pt of §2]