reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-12 Voting machines; requirements.

§16-12 Voting machines; requirements.
No voting machine shall be installed for use in any election in the State unless it shall satisfy the following requirements:
(1) It shall permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, but no more;
(2) It shall prevent the voter from voting for the same persons more than once for the same office;
(3) It shall permit the voter to vote for or against any question the voter may have the right to vote on, but no other;
(4) In special primary and primary elections it shall be so equipped that it will lock out all rows except those of the party or nonpartisan candidates selected by the voter;
(5) It shall be provided with a protective counter or protective device whereby any operation of the machine before or after the election will be detected;
(6) It shall be provided with a counter which shall show at all times during an election how many persons have voted;
(7) It shall be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(a); am L 1980, c 264, §5(a); gen ch 1985]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-21 Definition.

Note
Part heading amended by L 1975, c 36, §5(3).
§16-21 Definition.
"Paper ballot voting system" means the method of recording votes which are counted manually. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(4)]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-22 Marking.

§16-22 Marking.
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. [L 1970, c 26, pt of §2; gen ch 1985]
Law Journals and Reviews
The Protection of Individual Rights Under Hawai €˜i's Constitution. 14 UH L. Rev. 311.
Case Notes
Casting of write-in votes not permitted. 70 H. 498, 776 P.2d 824.
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-23 Paper ballot; voting.

§16-23 Paper ballot; voting.
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]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-24 Count, public.

§16-24 Count, public.
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. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-25 Order and method of counting.

§16-25 Order and method of counting.
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. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(c); gen ch 1993; am L 2019, c 136, §34]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-26 Questionable ballots.

§16-26 Questionable ballots.
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]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-27 Number of blank and questionable ballots; record of.

§16-27 Number of blank and questionable ballots; record of.
In addition to the count of the valid ballots, the voter service center officials shall, as to each separate official ballot, also determine and record the number of totally blank ballots and the number of questionable ballots. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(e); am L 2021, c 213, §42]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-28 Declaration of results.

§16-28 Declaration of results.
When the voter service center officials have ascertained the number of votes given for each candidate they shall make public declaration of the whole number of votes cast, the names of the persons voted for, and the number of votes for each person. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(f); am L 2021, c 213, §43]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-41 Definitions.

Note
Part heading amended by L 1975, c 36, §5(5).
§16-41 Definitions.
"Counting center" means the computer facilities and surrounding premises designated by the chief election officer or the clerk in county elections where electronic voting system ballots are counted.
"Defective ballot" means any ballot delivered to the counting center in accordance with section 11-152 that cannot be read by the ballot reading device.
"Electronic voting system" means the method of recording votes which are counted by automatic tabulating equipment.
"Voter verifiable paper audit trail" means the paper record that constitutes a complete record of ballot selections that is verified by the voter. The record may also be used to assess the accuracy of the voting machine's electronic record and to verify the election results. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(6); am L 2006, c 5, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-42 Electronic voting requirements.

§16-42 Electronic voting requirements.
(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 shall be 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; and
(4) If discrepancies appear in the pre-certification audits in paragraph (3), the chief election officer, pursuant to administrative rules, shall immediately conduct 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]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-43 Ballot handling.

§16-43 Ballot handling.
In every case where the ballots are handled by election officials or election employees for disposition upon completion of the tabulation, they shall be handled in the presence of not less than two officials assigned in accordance with section 16-45. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(7); am L 2019, c 136, §35]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-44 Counting center employees.

§16-44 Counting center employees.
(a) The chief election officer or clerk in county elections shall designate counting center employees who will be responsible for the tabulation of the ballots.
(b) Counting center employees shall follow the procedures established by the chief election officer for the tabulation of the ballots. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(8)]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-45 Official observers.

§16-45 Official observers.
Official observers shall be designated by the chief election officer or the clerk in county elections to be present at the counting centers and selected in the following manner:
(1) No less than one official observer designated by each political party;
(2) No less than one official observer from the news media;
(3) Additional official observers as space and facilities permit designated by the chief election officer in state elections and the clerk in county elections.
The chief election officer or clerk shall give all official observers reasonable notice of the time and place where the ballots shall be counted. No person shall be permitted in the counting center without the written authorization of the chief election officer or clerk. [L 1975, c 36, §5(9)]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-46 Counting defective ballots.

§16-46 Counting defective ballots.
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. [L 1975, c 36, §5(9); am L 2019, c 136, §36]
2023 Hawaii Revised Statutes › Title 2. Elections › 16. Voting Systems › 16-47 Preparation of absentee ballots.

§16-47 Preparation of absentee ballots.
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. [L 1980, c 264, §5(b)]
2023 Hawaii Revised Statutes › Title 2. Elections › 17. Vacancies › 17-1 United States senator.

§17-1 United States senator.
(a) Except as provided in subsection (b), when a vacancy occurs in the office of United States senator, the vacancy shall be filled for the unexpired term at the following state general election; provided that the vacancy occurs not later than 4:30 p.m. on the twenty-first day prior to the date specified in section 12-6 for the close of filing nomination papers for regularly scheduled elections; otherwise at the state general election next following. 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 governor shall make a temporary appointment to fill the vacancy by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall serve until the election and qualification of the person duly elected to fill the vacancy and 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 same political party as the prior incumbent. The appointee shall be a resident of the State. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is not and has not been, for at least six months immediately prior to the appointment, a member of any political party.
(b) Subsection (a) notwithstanding, when:
(1) A candidate other than the incumbent is duly elected to the office of United States senator at a general election; and
(2) The incumbent vacates the office at any time following the general election but prior to the expiration of the incumbent's term of office;
the governor, no later than the business day following receipt of official notice of the vacancy, shall temporarily appoint the person duly elected to succeed the incumbent to immediately fill the vacancy for the unexpired term. [L 1970, c 26, pt of §2; am L 1973, c 217, §7(a); am L 2007, c 57, §2; am L 2015, c 179, §1; am L 2018, c 214, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 17. Vacancies › 17-2 United States representative.

§17-2 United States representative.
When a vacancy occurs in the representation of this State in the United States House of Representatives, the chief election officer shall issue a proclamation for an election to fill the vacancy. The proclamation shall be issued not later than on the sixtieth day prior to the election to fill the vacancy and shall contain the date, time, and places where the special election is to be held, the time within which nomination papers shall be filed, the time for transmitting to county clerks the notice designating the offices for which candidates are to be elected, the time for transmitting to county clerks lists of candidates to be voted for at the special election and such other matter as provided for in section 11-91 and which are not inconsistent with this section. The special election shall be conducted and the results ascertained so far as practicable, in accordance with this title. [L 1970, c 26, pt of §2; am L 1973, c 217, §7(b); am L 1974, c 34, §4(a); gen ch 1985; am L 1986, c 305, §6]
Attorney General Opinions
Conflicts with Article I, §2, of U.S. Constitution with regard to unexpired terms for U.S. House of Representatives. Att. Gen. Op. 83-5.
2023 Hawaii Revised Statutes › Title 2. Elections › 17. Vacancies › 17-4 State representatives.

§17-4 State representatives.
(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]
2023 Hawaii Revised Statutes › Title 2. Elections › 17. Vacancies › 17-7 Board of trustees, office of Hawaiian affairs.

§17-7 Board of trustees, office of Hawaiian affairs.
(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]
Attorney General Opinions
Board required to fill vacant trustee's position created by forfeiture of office. Att. Gen. Op. 84-3.
2023 Hawaii Revised Statutes › Title 2. Elections › 19. Election Offense › 19-3.5 Voter fraud.

§19-3.5 Voter fraud.
The following persons shall be guilty of a class C felony:
(1) Any person who knowingly registers another person to vote when that person is not entitled to register to vote;
(2) Any person who knowingly votes when the person is not entitled to vote;
(3) Any person who knowingly takes an oath in this title prescribed or authorized by law and wilfully makes any false statement of fact while under oath therein; or
(4) Any person who wilfully makes a false answer to any question asked of the person while under oath in this title prescribed or authorized by law. [L 1990, c 115, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 19. Election Offense › 19-4 Penalties; disqualification for, removal from office; reports of convictions to chief election officer.

§19-4 Penalties; disqualification for, removal from office; reports of convictions to chief election officer.
Every person found guilty of an election fraud shall be fined not less than $1,000 nor more than $5,000, or imprisoned not more than two years, or both. Besides the punishment, the person shall be disqualified from voting and from being elected to, holding or occupying any office, elective or appointive. If the person so convicted holds any office, either elective or appointive, at the time of the conviction, the office shall at once and without mention in the sentence or other proceeding be vacated by the conviction. The judge before whom the conviction is had shall immediately transmit to the chief election officer and to the respective county clerks the name of the person, the offense of which the person has been convicted and the sentence of the court. [L 1970, c 26, pt of §2; am L 1970, c 188, §39; gen ch 1985; am L 2007, c 55, §1]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-610(2), 640, 660.
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-1 Purpose.

§21-1 Purpose.
The purpose of this chapter is to establish procedures governing legislative investigating committees to provide for the creation and operation of legislative investigating committees in a manner which will enable them to perform properly the powers and duties vested in them, including the conduct of hearings, in a fair and impartial manner, consistent with protection of the constitutional rights of persons called to testify at such hearings and preservation of the public good. [L 1969, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-2 Definitions.

§21-2 Definitions.
As used in this chapter:
"Hearing" means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving other evidence. A hearing may be open to the public or closed to the public.
"Investigating committee" means any of the following which are authorized to compel the attendance and testimony of witnesses or the production of books, records, papers, and documents for the purpose of securing information on a specific subject for the use of the legislature:
(1) A standing or special or select committee or committee of the whole of either house of the legislature;
(2) A joint committee of both houses;
(3) An authorized subcommittee of a legislative committee; and
(4) Any body created by law, the members of which may include nonlegislators.
"Public hearing" means any hearing open to the public, or the proceedings of which are made available to the public. [L 1969, c 211, pt of §1]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-3 Establishment of investigating committees by legislature.

§21-3 Establishment of investigating committees by legislature.
(a) An investigating committee may exercise its powers during sessions of the legislature, and also in the interim between sessions when so provided by law or by the concurrent or single house resolution or statute by which the committee was established or from which it derives its investigatory powers.
(b) The concurrent or single house resolution or statute establishing an investigating committee shall state the committee's purposes, powers, duties and duration, the subject matter and scope of its investigatory authority, and the number of its members. [L 1969, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-5 Finances and staff.

§21-5 Finances and staff.
Each investigating committee may employ such professional, technical, clerical, or other personnel as necessary for the proper performance of its duties, to the extent of funds made available to it for such purpose and subject to such restrictions and procedures relating thereto as may be provided by law or any applicable rules of the legislature. [L 1969, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-6 Membership, quorum, voting.

§21-6 Membership, quorum, voting.
(a) An investigating committee shall consist of not less than five members.
(b) A quorum shall consist of a majority of the total authorized membership of the committee.
(c) No action shall be taken by a committee at any meeting unless a quorum is present. The committee may act by a majority vote of the members present and voting at a meeting at which there is a quorum, unless the provisions of this chapter or any other statute require a greater number or proportion. [L 1969, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-7 Hearings.

§21-7 Hearings.
(a) An investigating committee may hold hearings appropriate for the performance of its duties, at such times and places as the committee determines.
(b) The committee shall provide by its rules that each member of the committee be given at least three days written notice of any hearing to be held when the legislature is in session and at least seven days written notice of any hearing to be held when the legislature is not in session. The notices shall include a statement of the subject matter of the hearing. A hearing, and any action taken at a hearing, shall not be deemed invalid solely because notice of the hearing was not given in accordance with this requirement.
(c) Any investigating committee shall not conduct a hearing unless a quorum is present. [L 1969, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-8 Issuance of subpoenas.

§21-8 Issuance of subpoenas.
(a) The president or speaker or other presiding officer of either house of the legislature may issue subpoenas requiring the attendance of witnesses and subpoenas duces tecum requiring the production of books, documents, or other evidence, in any matter pending before either house, or committee, as the case may be.
(b) Every investigating committee, when authorized by either house or both houses, as the case may be, may issue, by majority vote of all its members, subpoenas requiring the attendance of witnesses and subpoenas duces tecum requiring the production of books, documents, or other evidence, in any matter pending before the committee.
(c) A person subpoenaed to attend a hearing of an investigating committee shall receive the same fees and allowances as a person legally required to attend upon a circuit court or a grand jury in any criminal case pursuant to section 621-7.
(d) Any subpoena, warrant of arrest or other process issued under the authority of any house or of both houses of the legislature shall run in the name of the State of Hawaii and shall be addressed to any or all of the following officers: the sergeant-at-arms of either house of the legislature; the sergeant-at-arms of both houses of the legislature, in the case of a subpoena issued in behalf of a joint committee of both houses; the sheriff or the sheriff's deputies; the chief of police of any county or the chief's deputies; any police officer of the State or any county. The subpoena, warrant or other process shall be signed by the officer authorized to issue it, shall set forth the officer's official title, shall contain a reference to the rule, or concurrent, or other resolution, or other means, by which the taking of testimony or other evidence, or the issuance of such warrant or other process, was authorized, and shall, in the case of a summons or subpoena, set forth in general terms the matter or question with reference to which the testimony or other evidence is to be taken.
(e) Any officer to whom such process is directed, if within the officer's territorial jurisdiction, shall forthwith serve or execute the same upon delivery thereof to the officer, without charge or compensation, except as provided in section 21-8(f).
(f) The house, or both houses of the legislature in the case of a subpoena or process issued by a joint committee, shall compensate or reimburse any officer serving or executing the subpoena or process for the officer's actual expenses, if any, in connection therewith. [L 1969, c 211, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-9 Notice to witnesses.

§21-9 Notice to witnesses.
(a) Service of a subpoena requiring the attendance of a person at a hearing of an investigating committee shall be made at least five days prior to the date of the hearing unless a shorter period of time is authorized by majority vote of all the members of the committee in a particular instance when, in their opinion, the giving of five days notice is not practicable; but if a shorter period of time is authorized, the person subpoenaed shall be given reasonable notice of the hearing, consistent with the particular circumstances involved.
(b) Any person who is served with a subpoena to attend a hearing of an investigating committee also shall be served with a copy of the resolution or statute establishing the committee, a copy of the rules under which the committee functions, a general statement informing the person of the subject matter of the committee's investigation or inquiry, and a notice that the person may be accompanied at the hearing by counsel of the person's own choosing. [L 1969, c 211, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-10 Conduct of hearings.

§21-10 Conduct of hearings.
(a) All hearings of an investigating committee shall be public unless the committee, by two-thirds vote of all of its members, determines that a hearing should not be open to the public in a particular instance.
(b) The chairperson of an investigating committee, if present and able to act, shall preside at all hearings of the committee and shall conduct the examination of witnesses alone or supervise examination by other members of the committee, the committee's counsel, or members of the committee's staff who are so authorized. In the chairperson's absence or disability, the vice-chairperson shall serve as presiding officer. The committee shall provide by its rules for the selection of a presiding officer to act in the absence or disability of both the chairperson and the vice-chairperson.
(c) No hearing, or part thereof, shall be televised, filmed, or broadcast except upon approval of the committee, by majority vote of all of its members. [L 1969, c 211, pt of §1; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-11 Right to counsel and submission of questions.

§21-11 Right to counsel and submission of questions.
(a) Every witness at a hearing of an investigating committee may be accompanied by counsel of the witness' own choosing, who may advise the witness as to the witness' rights, subject to reasonable limitations which the committee may prescribe to prevent obstruction of or interference with the orderly conduct of the hearing.
(b) Any witness at a hearing, or the witness' counsel, may submit to the committee proposed questions to be asked of the witness or any other witness relevant to the matters upon which there has been any questioning or submission of evidence, and the committee shall ask such of the questions as are appropriate to the subject matter of the hearing. [L 1969, c 211, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-12 Testimony.

§21-12 Testimony.
(a) An investigating committee shall cause a record to be made of all proceedings in which testimony or other evidence is demanded or adduced, which record shall include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn written statements submitted to the committee, and such other matters as the committee or its chairperson may direct.
(b) All testimony given or adduced at a hearing shall be under oath or affirmation unless the requirement is dispensed with in a particular instance by majority vote of the committee members present at the hearing.
(c) The president or speaker or other presiding officer of either house of the legislature or any member of an investigating committee may administer an oath or affirmation to a witness at a hearing of such committee.
(d) The presiding officer at a hearing may direct a witness to answer any relevant question or furnish any relevant book, paper, or other document, the production of which has been required by subpoena duces tecum. Unless the direction is overruled by majority vote of the committee members present, disobedience shall constitute a contempt.
(e) A witness at a hearing or the witness' counsel, with the consent of a majority of the committee members present at the hearing, may file with the committee for incorporation into the record of the hearing sworn written statements relevant to the purpose, subject matter, and scope of the committee's investigation or inquiry.
(f) A witness at a hearing, upon the witness' advance request and at the witness' own expense, shall be furnished a certified transcript of the witness' testimony at the hearing.
(g) Testimony and other evidence given or adduced at a hearing closed to the public shall not be made public unless authorized by majority vote of all of the members of the committee, which authorization shall also specify the form and manner in which the testimony or other evidence may be released.
(h) All information of a defamatory or highly prejudicial nature received by or for the committee other than in an open or closed hearing shall be deemed to be confidential. No such information shall be made public unless authorized by majority vote of all of the members of the committee for legislative purposes, or unless its use is required for judicial purposes. [L 1969, c 211, pt of §1; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-13 Interested persons.

§21-13 Interested persons.
(a) Any person whose name is mentioned or who is otherwise identified during a hearing of an investigating committee and who, in the opinion of the committee, may be adversely affected thereby, may, upon the person's request or upon the request of any member of the committee, appear personally before the committee and testify in the person's own behalf, or, with the committee's consent, file a sworn written statement of facts or other documentary evidence for incorporation into the record of the hearing.
(b) Upon the consent of a majority of its members, an investigating committee may permit any other person to appear and testify at a hearing or submit a sworn written statement of facts or other documentary evidence for incorporation into the record thereof. No request to appear, appearance, or submission of evidence shall limit in any way the investigating committee's power of subpoena.
(c) Any person who appears before an investigating committee pursuant to this section shall have all the rights, privileges, and responsibilities of a witness provided by this chapter. [L 1969, c 211, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-14 Contempt.

§21-14 Contempt.
(a) A person shall be in contempt if the person:
(1) Fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;
(2) Fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper, or other document subpoenaed by or on behalf of an investigating committee; or
(3) Commits any other act or offense against an investigating committee which, if committed against the legislature or either house thereof, would constitute a contempt.
(b) An investigating committee may, by majority vote of all its members, report to the legislature or the house thereof by which it was established, any instance of alleged contempt. The president or speaker shall certify a statement of such contempt under the president's or speaker's signature as president or speaker, as the case may be, to the attorney general who shall prosecute the offender in any court of the State. If the legislature is not in session, a statement of the alleged contempt shall be certified by the chairperson or acting chairperson of the committee concerned, under the chairperson's or acting chairperson's signature, to the attorney general who shall prosecute the offender as aforesaid. An instance of alleged contempt shall be considered as though committed in or against such house or the legislature itself. [L 1969, c 211, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-15 Penalties.

§21-15 Penalties.
(a) A person guilty of contempt under this chapter shall be fined not more than $1,000 or imprisoned not more than one year or both.
(b) If any investigating committee fails in any material respect to comply with the requirements of this chapter, any person subject to a subpoena or a subpoena duces tecum who is injured by the failure shall be relieved of any requirement to attend the hearing for which the subpoena was issued or, if present, to testify or produce evidence therein; and the failure shall be a complete defense in any proceeding against the person for contempt or other punishment.
(c) Any person other than the witness concerned or the witness' counsel who violates subsection 21-12(g) or (h) shall be fined not more than $500 or imprisoned not more than six months, or both. The attorney general, on the attorney general's own motion or on the application of any person claiming to have been injured or prejudiced by an unauthorized disclosure may institute proceedings for trial of the issue and imposition of the penalties provided herein. Nothing in this subsection shall limit any power which the legislature or either house thereof may have to discipline a member or employee or to impose a penalty in the absence of action by a prosecuting officer or court. [L 1969, c 211, pt of §1; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 663.
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-16 Government officer and employees to cooperate.

§21-16 Government officer and employees to cooperate.
The officers and employees of the State and of each county shall cooperate with any investigating committee or committees or with their representatives and furnish to them or to their representatives such information as may be called for in connection with the research activities of the committees. [L 1969, c 211, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-17 Sergeants-at-arms; powers and duties.

§21-17 Sergeants-at-arms; powers and duties.
The sergeant-at-arms of each house of the legislature, and each of the sergeant-at-arms' deputies appointed by authority of such house, shall:
(1) Attend such house during its sittings;
(2) Maintain order under the direction of the speaker, president, or other presiding officer of such house;
(3) Under the direction of the clerk of such house, execute the commands of such house and all processes issued by authority thereof, directed to the sergeant-at-arms by the speaker, president, or other presiding officer of such house, or by the chairperson or acting chairperson of any joint committee established by a concurrent resolution of the two houses of the legislature, or by the chairperson or acting chairperson of any committee of either house. In this connection the sergeant-at-arms and each of the sergeant-at-arms' deputies shall have all the powers and authority of a police officer, including the power of arrest. [L 1969, c 211, pt of §1; am L 1979, c 105, §2; am L 1989, c 211, §10; am L 1990, c 281, § §1, 11; gen ch 1993]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21. Legislative Hearings and Procedure › 21-18 Same; badge.

§21-18 Same; badge.
The symbol of the office of the sergeant-at-arms of each house of the legislature shall be a metal badge in such form as such house shall adopt, bearing the words, among others, "Sergeant-at-Arms of the Senate, State of Hawaii", or "Sergeant-at-Arms of the House of Representatives, State of Hawaii", as the case may be, and shall be displayed by the sergeant-at-arms in enforcing or carrying out the sergeant-at-arms' duties. [L 1969, c 211, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21D. Access/Legislative Information Service › 21D-1 Definitions.

§21D-1 Definitions.
As used in this chapter, unless the context requires otherwise:
"ACCESS/legislative information services" means the information service provided by the legislature through on-line information networks; including, without limitation, HAWIAN.
"HAWIAN" means the Hawaii area-wide information network.
"On-line" means accessed by the use of data communications hardware and software.
[L 1990, c 348, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21D. Access/Legislative Information Service › 21D-2 Purpose.

§21D-2 Purpose.
The purpose of the ACCESS/legislative information service is to provide certain legislative information and services prepared by the legislature through one or more on-line information networks and to increase the accessibility by the public and state government to information and services.
[L 1990, c 348, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21D. Access/Legislative Information Service › 21D-3 Warranty; limitation of liability.

§21D-3 Warranty; limitation of liability.
Use of the ACCESS/legislative information service on the HAWIAN gateway network is at the sole risk of the user. The legislature makes no warranty or representation of any kind, either express or implied. The legislature provides access to legislative information and services on an "as is" basis, and it shall not be liable or held responsible: for any unintentional omission, addition, or error in or loss of service or data; for any breakdown, interruption, or delay in service; or for any other failure or inability of the legislature to provide services or data resulting directly or indirectly from any cause or circumstances. [L 1990, c 348, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21D. Access/Legislative Information Service › 21D-4 Rights to data and system software.

§21D-4 Rights to data and system software.
The legislature is the sole and exclusive owner of all rights, titles, and interests in and to legislatively-generated databases, including but not limited to all computer software and certain data.
[L 1990, c 348, pt of §1]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21D. Access/Legislative Information Service › 21D-5 Hawaii legislative publications special fund; established.

§21D-5 Hawaii legislative publications special fund; established.
(a) There is established a Hawaii legislative publications special fund within the treasury of the State into which shall be deposited:
(1) All licensing fees or royalties derived from the publication of the Hawaii Revised Statutes in electronic format;
(2) All appropriations made by the legislature to the fund; and
(3) Any other proceeds derived from the publication and use of other legislative publications and information services in an electronic format.
All interest accrued by the revenues of the fund shall become part of the fund.
(b) Moneys in the Hawaii legislative publications special fund shall be used by the legislature to operate and improve the computer and public access systems of the legislature. Expenditures from the Hawaii legislative publications special fund shall be authorized and disbursed through joint agreement of the president of the senate and the speaker of the house of representatives.
(c) The Hawaii legislative publications special fund shall not be subject to section 36-27, 36-30, or 37-53. [L 1996, c 174, §12; am L 2009, c 79, § §26, 34(3)]
2023 Hawaii Revised Statutes › Title 3. Legislature › 21D. Access/Legislative Information Service › 21D-6 Joint legislative access committee.

§21D-6 Joint legislative access committee.
There is established the joint legislative access committee which shall be composed of members of the legislature. The president of the senate and the speaker of the house of representatives shall each appoint a co-chair and two members or more to the committee, one of whom shall be a member of the minority party.
The committee shall:
(1) Oversee the staff and operations of the legislative broadcast project, and recommend policies for the project which shall be adopted by concurrent resolution; and
(2) Review the operations of the public access room, legislative internet project, and other public access projects of the legislature and recommend policies for these projects to the president of the senate and the speaker of the house of representatives. [L 1996, c 174, §10]
Cross References
Access Hawaii committee (management of State's internet portal), see chapter 27G.
2023 Hawaii Revised Statutes › Title 3. Legislature › 21E. Joint Legislative Management Committee › 21E-1 Definitions.

§21E-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Committee" means the joint legislative management committee established under this chapter.
"Legislative service agency" means the office of the auditor, the office of the legislative reference bureau, and the office of the ombudsman.
"Legislative service agency director" means the director or administrative head of a legislative service agency.
"Member" means a member of the joint legislative management committee.
[L 1990, c 127, pt of §2]