reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-21 Nomination of presidential electors and alternates; certification by parties; notification of nominees; pledge.

§14-21 Nomination of presidential electors and alternates; certification by parties; notification of nominees; pledge.
(a) In each year when electors of president and vice president of the United States are to be chosen, each of the political parties or parties or groups qualified under section 11-113 shall hold a state party or group convention pursuant to the constitution, bylaws, and rules of the party or group; and nominate as candidates for its party or group as many electors, and a first and second alternate for each elector, of president and vice president of the United States as the State is then entitled. The electors and alternates shall be registered voters of the State. The names and addresses of the nominees shall be certified by the chairperson and secretary of the convention of the respective parties or groups and submitted to the chief election officer no later than 4:30 p.m. on the sixtieth day before the general election of the same year. The chief election officer upon receipt thereof, shall immediately notify each of the nominees for elector and alternate elector of the nomination.
(b) Each elector nominee and alternate elector nominee of a political party or group shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party or group that nominated me". The executed pledges shall accompany the submission of the corresponding names to the chief election officer. Electors shall be released from their pledge if the presidential candidate whom they are pledged to vote for dies. Electors shall not be released from their pledge under any circumstance other than the death of the presidential candidate for whom they are pledged to vote. [L 1970, c 26, pt of §2; am L 1973, c 217, §4(b); am L 1981, c 100, §2(1); gen ch 1993; am L 2023, c 114, §3]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-22 Contested nominations of presidential electors and alternates.

§14-22 Contested nominations of presidential electors and alternates.
If more than one certificate of choice and selection of presidential electors and alternate electors of the same political party or group is filed with the chief election officer, as chairperson of the contested presidential electors' committee hereby constituted, the chief election officer shall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and place of the hearing to be held for the purposes of making a determination of which set of electors and alternative electors were lawfully chosen and selected by the political party or group. Notice of the hearing shall be given to the chairperson of the state central committee of each political party and the chairperson of each party or group qualified under section 11-113, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by public notice at least once. A determination shall be made by the committee by majority vote not later than 4:30 p.m. on October 30 of the same year and the determination shall be final. Notice of the results shall be given to the nominees duly determined to have been chosen. The committee shall have all the powers enumerated in section 11-43. [L 1970, c 26, pt of §2; am L 1973, c 217, §4(c); am L 1981, c 100, §2(2); gen ch 1993; am L 1998, c 2, §7]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-23 Time for election, number to be chosen.

§14-23 Time for election, number to be chosen.
In each presidential election year there shall be elected at large, at the general election, by the voters of the State, as many electors and alternates of president and vice president of the United States as the State is then entitled to elect, in the manner provided under section 11-113. The electors and the alternates must be registered voters of the State. The election shall be conducted and the results thereof determined in conformity with the laws governing general elections except as otherwise provided. [L 1970, c 26, pt of §2; am L 1977, c 189, §3]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-24 Certificate of election, notice of meeting.

§14-24 Certificate of election, notice of meeting.
Not later than 4:30 p.m. on the last day in the month of the election, or as soon as the returns have been received from all counties in the State, if received before that time, the chief election officer shall certify to the governor the names of the presidential electors and alternates of the same political party or group as the candidates for president and vice president receiving the highest number of votes as elected as presidential electors and alternates. Thereupon the governor shall in accordance with the laws of the United States, communicate by registered mail under the seal of the State of Hawaii to the administrator of general services of the United States, the certificates of persons elected as presidential electors, setting forth the names of the electors and the total number of votes cast for each elector. The chief election officer shall thereupon, together with a notice of the time and place of the meeting of the electors, cause to issue and transmit to each elector and alternate a certificate of election signed by the governor in substantially the following form:
CERTIFICATE OF ELECTION OF
PRESIDENTIAL ELECTOR
I,...............Governor of the State of Hawaii, do hereby certify that..............., a member of the...............party or group, was on the...............day of..............., 20....., duly elected a Presidential Elector for the State of Hawaii for the presidential election of 20......
CERTIFICATE OF ELECTION OF
ALTERNATE PRESIDENTIAL ELECTOR
I,...............Governor of the State of Hawaii, do hereby certify that..............., a member of the...............party or group, was on the...............day of..............., 20....., duly elected...............Alternate Presidential Elector for Presidential Elector...............for the State of Hawaii for the presidential election of 20...... [L 1970, c 26, pt of §2; am L 1973, c 217, §4(d); am L 1981, c 100, §2(3); am L 2020, c 70, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-25 Duties of the governor; certification of electors by the governor.

§14-25 Duties of the governor; certification of electors by the governor.
(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]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-25.5 Elector replacement; associated certificates.

§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]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-26 Assembly of electors at state capital; time.

§14-26 Assembly of electors at state capital; time.
The electors chosen shall assemble at the state capital on the first Monday after the second Wednesday in December next following their election, at two o'clock in the afternoon. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-27 Filling vacancies of presidential electors; presiding officer.

§14-27 Filling vacancies of presidential electors; presiding officer.
(a) The chief election officer shall preside at the meeting of electors described in section 14-28.
(b) The position of an elector not present to vote shall be vacant. The chief election officer shall appoint an individual as a substitute elector to fill a vacancy as follows:
(1) If the alternate elector is present to vote, by appointing the alternate elector for the vacant position;
(2) If the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party or group;
(3) If the number of alternate electors present to vote is insufficient to fill any vacant position pursuant to paragraphs (1) and (2), by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;
(4) If there is a tie between at least two nominees for substitute elector in a vote conducted under paragraph (3), by appointing an elector chosen by lot from among those nominees; or
(5) If all elector positions are vacant and cannot be filled pursuant to paragraphs (1) through (4), by appointing a single presidential elector, with remaining vacant positions to be filled under paragraph (3) and, if necessary, paragraph (4).
(c) To qualify as a substitute elector under subsection (b), an individual who has not executed the pledge required under section 14-21(b) shall execute the following pledge: "I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual to whose elector position I have succeeded". [L 1970, c 26, pt of §2; am L 1981, c 100, §2(4); am L 2023, c 114, §5]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-28 Convening and voting for president and vice president; party vote; invalid vote.

§14-28 Convening and voting for president and vice president; party vote; invalid vote.
(a) At the time designated for elector voting and after all vacant positions have been filled under section 14-27, the chief election officer shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector's presidential and vice-presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(b) Except as otherwise provided by law, each elector shall present both completed ballots to the chief election officer, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under section 14-21(b) or 14-27(c). Except as otherwise provided by law, the chief election officer shall not accept and shall not count either an elector's presidential or vice-presidential ballot if the elector has failed to mark both ballots or has marked a ballot in violation of the elector's pledge.
(c) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge executed under section 14-21(b) or 14-27(c) shall vacate the office of elector, creating a vacant position to be filled pursuant to section 14-27.
(d) The chief election officer shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of the State's electoral votes have been cast and recorded. [L 1970, c 26, pt of §2; am L 1981, c 100, §2(5); am L 2023, c 114, §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-29 Naming persons voted for in ballots, separate ballots.

§14-29 Naming persons voted for in ballots, separate ballots.
The electors shall name in their ballots the person voted for as president, and in separate ballots the person voted for as vice president. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-30 Lists of persons voted for and number of votes, certification, transmission to president of the senate.

§14-30 Lists of persons voted for and number of votes, certification, transmission to president of the senate.
The electors shall separately list the persons voted for as president and as vice president, respectively, and the number of votes for each, which lists they shall sign, certify, seal, and transmit by mail, one copy to the seat of the government of the United States, directed to the president of the senate of the United States, and make such other disposition of the lists as required by law. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 14. Presidential Elections › 14-31 Compensation and mileage of electors, amounts.

§14-31 Compensation and mileage of electors, amounts.
Each presidential elector shall receive $50 for the elector's services, plus the reasonable cost of transportation from the elector's voting residence in the State to the state capital and return. Their accounts shall be certified to by the chief election officer and audited by the state comptroller, and shall be payable out of the general fund. [L 1970, c 26, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-1 Definitions.

§15-1 Definitions.
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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-2 Who may vote by absentee ballot.

§15-2 Who may vote by absentee ballot.
Any person registered to vote may cast an absentee ballot in any election, including an election conducted by mail, in the manner provided in this chapter and rules adopted by the chief election officer. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(a); am L 1981, c 29, §1(1); am L 1984, c 149, §1; gen ch 1985; am L 1993, c 230, §2; am L 2021, c 213, §33]
Case Notes
Section not unconstitutional. 623 F. Supp. 657.
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-2.5 Voting by mail in precinct affected by natural disasters.

§15-2.5 Voting by mail in precinct affected by natural disasters.
(a) If the chief election officer and clerk of a county affected as a result of a natural disaster determine that the opening of a designated voter service center will adversely affect the health and safety of voters or voter service center officials, the chief election officer and county clerk, by written order, may require the registered voters of any precinct to vote by mail as provided in part VIIA of chapter 11.
(b) Within thirty days after the issuance of such an order, the chief election officer and county clerk shall notify all registered voters in the affected precinct of the issuance of the order.
(c) The chief election officer shall adopt rules pursuant to chapter 91 to implement this section. [L 1996, c 215, §1; am L 2019, c 136, §27; am L 2021, c 213, §34]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-3 Absentee ballot for presidential election.

§15-3 Absentee ballot for presidential election.
If ineligible to qualify as a voter in the state to which the voter has moved, any former registered voter of Hawaii may vote an absentee ballot in any presidential election occurring within twenty-four months after leaving Hawaii by requesting an application form and returning it properly executed to the county of the voter's prior Hawaii residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot, and the fact of applicant's ineligibility to vote at the applicant's new place of residence verified by the voter registrar or the registrar's authorized representative in the jurisdiction of the applicant's new residence. The application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which the applicant wishes to vote. All required information pursuant to the rules promulgated by the chief election officer shall be completed in full. [L 1975, c 36, pt of §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-4 Request for absentee ballot.

§15-4 Request for absentee ballot.
Any person registered to vote who is unable to receive a ballot at the person's voter registration address of record may request an absentee ballot in writing from the clerk at any time but no later than 4:30 p.m. on the seventh day before the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.
The request shall include information such as the last four digits of the person's social security number or the person's driver's license number, date of birth, and the address under which the person is registered to vote. The request shall also include the temporary address to which the person wishes the requested ballot to be forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary; provided that the person so indicates in the person's request. Upon the completion of the election or elections covered by the voter's temporary request under this section, the clerk shall resume mailing the voter's ballot package to the mailing address noted within the voter's registration record. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(b); am L 1981, c 29, §1(2); gen ch 1985; am L 1986, c 305, §5; am L 2004, c 100, §2; am L Sp 2008, c 4, §1; am L 2011, c 142, §3; am L 2012, c 100, §2 and c 104, §2; am L 2015, c 174, §1; am L 2016, c 168, § §2, 3; am L 2019, c 136, §28]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-5 Delivery of ballots.

§15-5 Delivery of ballots.
(a) Immediately upon receipt of a request for absentee ballot within the time limit specified in section 15-4, the clerk shall examine the records to ascertain whether the voter is lawfully entitled to vote as requested. If the clerk ascertains that the voter is lawfully entitled to vote as requested, no earlier than thirty days before the election, the clerk shall mail in a forwarding envelope, or deliver in person if the voter appears at the office of the clerk, an official ballot and other materials prescribed in section 15-6, except that an incapacitated voter may send a representative to obtain the voter's ballots pursuant to the rules adopted by the chief election officer; provided that official ballots and other materials prescribed in section 15-6 shall be mailed or delivered:
(1) To uniform military and overseas voters pursuant to section 15D-9; and
(2) No later than twenty-four hours after receipt of the request for absentee ballot for requests received on the last day specified in section 15-4.
(b) If absentee ballots requested under section 15-4 are not received by a voter within five days of an election, if a voter requires a replacement ballot within five days of an election, or if a voter would otherwise not be able to return a properly issued ballot by the close of polls, then a voter may request that absentee ballots be forwarded by electronic transmission; provided that a voter with special needs, including a disability, 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 appropriate ballots, voting information required by section 15-6, and a form containing a waiver of the right to secrecy, as provided by 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. The voter may return the voted ballots and executed forms by electronic transmission or mail; provided that they are received by the issuing clerk no later than the closing hour on election day in accordance with section 11-131. Upon receipt, the clerk shall verify compliance with the requirements of section 15-9 and prepare the ballots for counting pursuant to section 15-10; provided that if the voter returns multiple voted absentee ballots for the same election, the clerk shall, for purposes of counting ballots, prepare only the first absentee ballot returned that is not spoiled. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(c); gen ch 1985; am L 1993, c 304, §8; am L 2012, c 226, §2; am L 2015, c 173, §3; am L 2016, c 168, §4; am L 2019, c 137, §1; am L 2021, c 213, §35]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-6 Return envelope, ballot envelope; instructions.

§15-6 Return envelope, ballot envelope; instructions.
The clerk shall provide the absentee voter with the ballots, ballot envelopes, and a return envelope that shall contain 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, materials summarizing the provisions in sections 19-3, 19-3.5, 19-4, and 19-6, and any other information prescribed by the rules promulgated by the chief election officer. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(d); gen ch 1985; am L 2013, c 235, §3]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-6.5 Absentee postage. The mailed distribution and return of absentee ballots shall be at no cost to the voter. The State and counties shall share in the cost of all postage associated with the distribution and return of absentee ballots pursuant to sections 11-182 and 11-183, if the costs are not covered by the federal government. [L 1993, c 304, §2; am L 2019, c 136, §29]

§15-6.5
Absentee postage.
The mailed distribution and return of absentee ballots shall be at no cost to the voter. The State and counties shall share in the cost of all postage associated with the distribution and return of absentee ballots pursuant to sections 11-182 and 11-183, if the costs are not covered by the federal government. [L 1993, c 304, §2; am L 2019, c 136, §29]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-9 Return, receipt, processing, and treatment of absentee ballots.

§15-9 Return, receipt, processing, and treatment of absentee ballots.
An absentee ballot shall be returned, received, processed, and treated in the same manner as a return identification envelope in an election by mail as provided by part VIIA of chapter 11. [L 1975, c 36, pt of §3; am L 1976, c 106, §4(4); am L 1979, c 133, §8; am L 1980, c 248, §1(f); am L 1983, c 34, §22; am L 1985, c 203, §8; am L 1993, c 304, §10; am L 2019, c 136, §30; am L 2021, c 213, §36]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-10 Counting of absentee ballots.

§15-10 Counting of absentee ballots.
If the requirements in section 15-9 are met, the return and ballot envelopes may be opened and the ballot counted as prescribed by law for the voting system in use. [L 1975, c 36, pt of §3; am L 1976, c 106, §4(5); am L 1980, c 248, §1(g); am L 2019, c 136, §31]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-11 Voting by absentee voter at a voter service center prohibited.

§15-11 Voting by absentee voter at a voter service center prohibited.
Any person having voted an absentee ballot pursuant to this chapter shall not be entitled to cast a ballot at a voter service center on election day. An absentee voter who casts a ballot at a voter service center shall be guilty of an election offense under section 19-3(5). [L 1975, c 36, pt of §3; am L Sp 2008, c 4, §2; am L 2021, c 213, §37]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-12 Receipt and disposition of late absentee ballots.

§15-12 Receipt and disposition of late absentee ballots.
For any election all return envelopes containing absentee ballots received by the clerk after the deadline for receipt stated in section 15-9 shall be kept unopened and disposed of pursuant to section 11-154. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(h)]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-13.5 Validity of cast absentee ballot where voter later becomes ineligible.

§15-13.5 Validity of cast absentee ballot where voter later becomes ineligible.
The absentee 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) Deposited the absentee ballot in the mail for ballots mailed in accordance with section 15-9;
(2) Delivered the absentee ballot to the appropriate county clerk or polling place in accordance with section 15-9; or
(3) Completed voting in person at an absentee polling place. [L 2019, c 10, §1; am L 2021, c 213, §38; am L 2022, c 109, §1; am L 2023, c 113, §3]
2023 Hawaii Revised Statutes › Title 2. Elections › 15. Absentee Voting › 15-14 Ballots; where voting machines are used.

§15-14 Ballots; where voting machines are used.
In all districts in which voting machines are used, sections 15-1 to 15-12 shall apply; provided that the number and type of ballots to be printed shall be determined at the discretion of the officer charged with printing and furnishing them. The officer may use reasonable facsimiles of the sample ballot used in voting machine precincts. [L 1975, c 36, pt of §3; am L 2019, c 10, §3 and c 136, §32]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-3 Elections covered.

§15D-3 Elections covered.
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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-4 Role of chief election officer.

§15D-4
Role of chief election officer. (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, 42 U.S.C. section 1973ff 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, 42 U.S.C. section 1973ff et seq., for use by a covered voter [that] contains 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 an overseas-military ballot. [L 2012, c 226, pt of §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-5 Overseas voter's registration address.

§15D-5
Overseas voter's registration address.
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. [L 2012, c 226, pt of §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-6 Methods of registering to vote.

§15D-
6
Methods of registering to vote.
(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 thirty 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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-7 Methods of applying for military-overseas ballot.

§15D-
7
Methods of applying for military-overseas ballot.
(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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-8 Timeliness and scope of application for military-overseas ballot.

§15D-
8
Timeliness and scope of application for military-overseas ballot.
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. [L 2012, c 226, pt of §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-9 Transmission of unvoted ballots.

§15D-
9
Transmission of unvoted ballots. (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 ballot 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, the 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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-10 Receipt of voted ballot.

§15D-10 Receipt of voted ballot.
A valid military-overseas ballot shall be counted if it is received by the close of the voter service center on the day of the election and meets the requirements for absentee ballots pursuant to section 15-9. [L 2012, c 226, pt of §1; am L 2021, c 213, §39]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-10.5 Validity of cast military-overseas ballot where covered voter later becomes ineligible.

§15D-10.5 Validity of cast military-overseas ballot where covered voter later becomes ineligible.
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. [L 2019, c 10, §2; am L 2023, c 113, §4]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-11 Declaration.

§15D-11 Declaration.
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. [L 2012, c 226, pt of §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-12 Federal write-in absentee ballot.

§15D-
12
Federal write-in absentee ballot.
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. [L 2012, c 226, pt of §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-13 Confirmation of receipt of application and voted ballot.

§15D-
13
Confirmation of receipt of application and voted ballot.
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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-14 Use of voter's electronic-mail address.

§15D-14 Use of voter's electronic-mail address.
(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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-15 Publication of election notice.

§15D-
15
Publication of election notice.
(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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-16 Prohibition of nonsubstantive requirements.

§15D-
16
Prohibition of nonsubstantive requirements.
(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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-17 Equitable relief.

§15D-
17
Equitable relief. 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]
2023 Hawaii Revised Statutes › Title 2. Elections › 15D. Uniform Military and Overseas Voters Act › 15D-18 Relation to Electronic Signatures in Global and National Commerce Act.

§15D-18
Relation to Electronic Signatures in Global and National Commerce Act.
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). [L 2012, c 226, pt of §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-1 Voting systems authorized.

§16-1 Voting systems authorized.
The chief election officer may adopt, experiment with, or abandon any voting system authorized under this chapter or to be authorized by the legislature. These systems shall include, but not be limited to voting machines, paper ballots, and electronic voting systems. All voting systems approved by the chief election officer under this chapter are authorized for use in all elections for voting, registering, and counting votes cast at the election.
Voting systems of different kinds may, at the discretion of the chief election officer, be adopted for different precincts within the same district. The chief election officer may provide for the experimental use at any election, in one or more precincts, of a voting system without a formal adoption thereof and its use at the election shall be as valid for all purposes as if it had been permanently adopted; provided that if a voting machine is used experimentally under this paragraph it need not meet the requirements of section 16-12. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-2 Voting system requirements.

§16-2 Voting system requirements.
All voting systems adopted under this chapter by the chief election officer or the legislature shall satisfy the following requirements:
(1) It shall secure to the voter secrecy in the act of voting;
(2) It shall provide for voting for all candidates of as many political parties as may make nominations, nonpartisans, and for or against as many questions as are submitted;
(3) It shall correctly register or record and accurately count all votes cast for any and all persons, and for or against any and all questions. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-3 Election services, provisions, and charges.

§16-3
Election services, provisions, and charges.
The chief election officer may make voting systems and election services available to state agencies and private entities pursuant to rules adopted in accordance with chapter 91. Reasonable fees may be charged for the provision of such systems or services. [L 1993, c 304, §3]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-11 Definitions.

Note
Part heading amended by L 1975, c 36, §5(1).
§16-11 Definitions.
"Protective counter" means an apparatus built into the voting machine which cannot be reset, which records the total movement of the operating lever.
"Voting machine system" means the method of electrically, mechanically, or electronically recording and counting votes upon being cast. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(2)]
Revision Note
Definitions rearranged.