reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-404 Initial determination by the commission.

§11-404 Initial determination by the commission.
The commission shall promptly determine, without regard to chapter 91, to:
(1) Summarily dismiss the complaint;
(2) Investigate further;
(3) Make a preliminary determination; or
(4) Refer the complaint to an appropriate prosecuting attorney for prosecution under section 11-411. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-405 Preliminary determination regarding probable cause.

§11-405 Preliminary determination regarding probable cause.
(a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by first-class mail. As a courtesy, the commission shall send the preliminary determination with findings of fact and conclusions of law to the respondent by electronic mail; provided that the electronic mail shall not constitute service. If the respondent is a candidate, candidate committee, or noncandidate committee and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there shall be a presumption that the candidate or committee received the preliminary determination within seven business days of the preliminary determination being mailed.
(b) The respondent shall be afforded an opportunity to contest the commission's preliminary determination of probable cause by making a request for a contested case hearing under chapter 91 within thirty days of receipt of the preliminary determination. Failure to request a contested case hearing shall render the commission's preliminary determination final. [L 2010, c 211, pt of §2; am L 2023, c 69, §1 and c 120, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-406 Waiver of further proceedings.

§11-406 Waiver of further proceedings.
The commission may waive further proceedings due to action the respondent takes to remedy or correct the alleged violation, including the payment of any administrative fine. The commission shall make the remedial or corrective action taken by the respondent, the commission's decision in light of the action to waive further proceedings, and the commission's justification for its decision a part of the public record. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-407 Contested case hearing.

§11-407 Contested case hearing.
(a) A contested case hearing shall be conducted pursuant to chapter 91 and any rules adopted by the commission, except as provided in this section.
(b) If a hearing is held before the commission, the commission shall not be bound by strict rules of evidence when conducting a hearing to determine whether a violation of this part has occurred, and the degree or quantum of proof required shall be a preponderance of the evidence.
(c) The commission or hearings officer, if there is no dispute as to the facts involved in a particular matter, may permit the parties to proceed by memoranda of law in lieu of a hearing unless the procedure would unduly burden any party or is otherwise not conducive to the ends of justice.
(d) A record shall be made of the proceeding.
(e) All parties shall be afforded full opportunity to present evidence and argument on all issues involved.
(f) Any person who appears before the commission shall have all of the rights, privileges, and responsibilities of a witness appearing before the courts of this State. All witnesses summoned before the commission or hearings officer shall receive reimbursements as paid in like circumstances in the courts of this State. Any person whose name is mentioned during a proceeding before the commission and who may be adversely affected thereby may appear or file a written statement for incorporation into the record of the proceeding.
(g) If a hearing is held before a hearings officer, the hearings officer shall render a recommended decision for the commission's consideration. Any party adversely affected by the decision may file written exceptions with the commission within fifteen days after receipt of a copy of the decision by certified mail.
(h) The commission, as expeditiously as possible after the close of the commission's hearing, shall issue its final determination of violation together with separate findings of fact and conclusions of law regarding whether a violation of this part has been committed. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-409 Final determination of violation; order.

§11-409 Final determination of violation; order.
If the commission makes a final determination of a violation of this part, its written decision with findings of fact and conclusions of law may order any of the following:
(1) The return of any contribution;
(2) The reimbursement of any unauthorized expenditure;
(3) The payment of any administrative fine to the general fund of the State;
(4) The respondent to cease and desist violations of this part; or
(5) Any report, statement, or other information to be filed that may be required by this part. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-411 Criminal referral.

§11-411 Criminal referral.
In addition to an administrative determination that a violation of this part has been committed, the commission may refer the complaint to the attorney general or county prosecutor at any time the commission believes the respondent may have recklessly, knowingly, or intentionally committed a violation. [L 2010, c 211, pt of §2; am L 2022, c 181, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-412 Criminal prosecution.

§11-412 Criminal prosecution.
(a) Any person who recklessly, knowingly, or intentionally violates any provision of this part shall be guilty of a misdemeanor, unless another criminal penalty is specified.
(b) Any person who knowingly or intentionally falsifies any report required by this part with the intent to circumvent the law or deceive the commission or who violates section 11-352 or 11-353 shall be guilty of a class C felony. A person charged with a class C felony shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
(c) Any person who intentionally provides false information concerning the name or address of the person paying for an advertisement that is subject to the requirements of section 11-391 shall be guilty of a class C felony.
(d) A person who is convicted under this section shall be disqualified from holding elective public office for a period of ten years from the date of conviction.
(e) For purposes of prosecution for violation of this part, the offices of the attorney general and the prosecuting attorney of the respective counties shall be deemed to have concurrent jurisdiction to be exercised as follows:
(1) Prosecution shall commence with a written request from the commission, upon the issuance of an order of the court, or upon the exercise of the law enforcement authority of the attorney general or prosecuting attorney; provided that prosecution may commence before any proceeding initiated by the commission or final determination;
(2) In the case of statewide offices, parties, or issues, the attorney general or the prosecuting attorney for the city and county of Honolulu shall prosecute any violation; and
(3) In the case of all other offices, parties, or issues, the attorney general or the prosecuting attorney for the respective county shall prosecute any violation.
If prosecution is commenced by a written request from the commission, the commission, in choosing the prosecuting agency, shall be guided by whether any conflict of interest exists between the agency and its appointive authority.
(f) The court shall give priority to the expeditious processing of prosecutions under this section.
(g) Prosecution for violations of this part shall not commence after five years have elapsed from the date of the violation or date of filing of the report covering the period in which the violation occurred, whichever is later. [L 2010, c 211, pt of §2; am L 2022, c 181, §3]
Case Notes
Cited: 744 F. Supp. 2d 1075 (2010).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-421 Hawaii election campaign fund; creation.

§11-421 Hawaii election campaign fund; creation.
(a) The Hawaii election campaign fund is created as a trust fund within the state treasury.
(b) The fund shall consist of:
(1) All moneys collected from persons who have designated a portion of their income tax liability to the fund as provided in section 235-102.5(a);
(2) Any general fund appropriations; and
(3) Other moneys collected pursuant to this part.
(c) Moneys in the fund shall be paid to candidates by the comptroller as prescribed in section 11-431 and may be used for the commission's operating expenses, including staff salaries and fringe benefits. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-422 Depletion of fund.

§11-422 Depletion of fund.
(a) The commission shall be under no obligation to provide moneys to candidates if, in the partial public funding program or comprehensive public funding for elections to the county of Hawaii council, moneys in the Hawaii election campaign fund are near depletion.
(b) For the purpose of the partial funding program, if the Hawaii election campaign fund is close to depletion as determined by the commission, the commission shall determine the amounts available to eligible candidates based on their order of eligibility in qualifying for partial public funds, as determined by the date of filing of an application for public funds with the commission pursuant to section 11-428; provided that the application has been accepted by the commission.
(c) For the purpose of the comprehensive public funding for elections to the county councils, if the Hawaii [election] campaign fund is close to depletion, the commission shall determine whether the program shall be operative in accordance with this part. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-423 Voluntary expenditure limits; filing affidavit.

§11-423 Voluntary expenditure limits; filing affidavit.
(a) Any candidate may voluntarily agree to limit the candidate's expenditures and those of the candidate's candidate committee or committees and the candidate's party on the candidate's behalf by filing an affidavit with the campaign spending commission.
(b) The affidavit shall state that the candidate knows the voluntary campaign expenditure limitations as set out in this part and that the candidate is voluntarily agreeing to limit the candidate's expenditures and those made on the candidate's behalf by the amount set by law. The affidavit shall be subscribed to by the candidate and notarized and filed no later than the time of filing nomination papers with the chief election officer or county clerk.
(c) The affidavit shall remain effective until the termination of the candidate committee or the opening of filing of nomination papers for the next succeeding election, whichever occurs first. An affidavit filed under this section may not be rescinded.
(d) From January 1 of the year of any primary, special, or general election, the aggregate expenditures for each election by a candidate who voluntarily agrees to limit campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone, all treasurers, the candidate committee, and noncandidate committees on the candidate's behalf, shall not exceed the following amounts expressed, respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:
(1) For the office of governor--$2.50;
(2) For the office of lieutenant governor--$1.40;
(3) For the office of mayor--$2.00;
(4) For the offices of state senator, state representative, county council member, and prosecuting attorney--$1.40; and
(5) For all other offices--20 cents. [L 2010, c 211, pt of §2; am L 2011, c 5, §5; am L 2013, c 63, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-425 Maximum amount of public funds available to candidate.

§11-425 Maximum amount of public funds available to candidate.
(a) The maximum amount of public funds available in each election to a candidate for the office of governor, lieutenant governor, or mayor shall not exceed ten per cent of the expenditure limit established in section 11-423(d) for each election.
(b) The maximum amount of public funds available in each election to a candidate for the office of state senator, state representative, county council member, and prosecuting attorney shall not exceed fifteen per cent of the expenditure limit established in section 11-423(d) for each election.
(c) For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed $1,500 in any election year.
(d) For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.
(e) Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election. For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-429. [L 2010, c 211, pt of §2; am L 2011, c 5, §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-426 Candidate exceeds voluntary expenditure limit.

§11-426 Candidate exceeds voluntary expenditure limit.
A candidate who files the affidavit agreeing to limit expenditures and who exceeds the expenditure limit for that election shall:
(1) Notify all opponents, the office of elections, and the commission by telephone and writing on the day the expenditure limit is exceeded;
(2) Pay the balance of the full filing fee; and
(3) Provide reasonable notice to all contributors within thirty days of exceeding the limit that the expenditure limit was exceeded. [L 2010, c 211, pt of §2; am L 2014, c 140, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-427 Reserving use of contributions.

§11-427 Reserving use of contributions.
A candidate who files the affidavit voluntarily agreeing to limit expenditures and who receives contributions that in aggregate exceed the expenditure limit for an election shall reserve use of any contributions that exceed the limit until after the applicable election. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-428 Eligibility requirements for public funds.

§11-428 Eligibility requirements for public funds.
In order to be eligible to receive public funds for an election, a candidate shall certify that the candidate will meet all the following requirements:
(1) The candidate and any candidate committee authorized by the candidate shall not incur campaign expenses in excess of the expenditure limitations imposed by section 11-423;
(2) The candidate has qualified to be on the election ballot in a primary or general election;
(3) The candidate has filed a statement of intent to seek qualifying contributions. A contribution received before the filing of a statement of intent to seek public funds shall not be considered a qualifying contribution;
(4) The candidate or candidate committee authorized by the candidate has received the minimum qualifying contribution amounts for the office sought by the candidate as set forth in section 11-429;
(5) The aggregate of contributions certified with respect to any person under paragraph (4) does not exceed $100;
(6) The candidate agrees to obtain and furnish any evidence relating to expenditures that the commission may request;
(7) The candidate agrees to keep and furnish records, books, and other information that the commission may request;
(8) The candidate agrees to an audit and examination by the commission pursuant to section 11-434 and to pay any amounts required to be paid pursuant to that section; and
(9) Each candidate and candidate committee in receipt of qualifying contributions that may be taken into account for purposes of public funding shall maintain, on a form prescribed by the commission, records that show the date and amount of each qualifying contribution and the full name and mailing address of the person making the contribution. The candidate and the candidate committee authorized by the candidate shall transmit to the commission all reports with respect to these contributions that the commission may require. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-430 Application for public funds.

§11-430 Application for public funds.
(a) Each application for public funds shall be signed by the candidate and notarized, and accompanied by the qualifying campaign contribution statement or statements.
(b) The application shall be mailed or delivered to the commission and shall not be valid unless received by the commission no later than thirty days after the general election.
(c) Each candidate in receipt of the minimum qualifying contribution amount established for the office that the candidate seeks may apply to the commission for public funding after the candidate has become a candidate in a primary or general election. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-431 Payment to candidate.

§11-431 Payment to candidate.
(a) Upon the commission's approval of the application and statement of qualifying contributions, the commission shall direct the comptroller to distribute matching public funds up to the maximum amount of public funds allowed by section 11-425. Public funds shall be distributed to the candidate within twenty days from the date that the candidate's initial application and qualifying contribution statement is approved by the commission.
(b) The commission shall make additional determinations within fourteen days after receiving a complete application and supplemental statement of qualifying contributions from a candidate.
(c) All determinations made by the commission under this section are final and conclusive, except to the extent they are subject to examination and audit by the commission under section 11-434. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-432 Use of public funds.

§11-432 Use of public funds.
(a) Public funds shall be deposited in a depository institution, as defined in section 412:1-109, duly authorized to do business in the State, such as a bank, savings bank, savings and loan association, depository financial services loan company, credit union, intra-Pacific bank, or similar financial institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
(b) No expenditures of any public funds shall be made except by checks drawn on such checking account.
(c) Public funds shall be only used to:
(1) Defray expenditures of the candidate or the candidate committee authorized by the candidate; and
(2) Repay loans, the proceeds of which were used to defray expenditures.
(d) Public funds shall not be transferred to another candidate for any election.
(e) Unexpended public funds shall be returned to the commission by the deadline for filing the final report for the election for which the funds were received. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-433 Post-election report required.

§11-433 Post-election report required.
The treasurer shall electronically submit an expenditure of public funds report to the commission no later than twenty days after a primary election and no later than thirty days after a general election certifying that all public funds paid to the candidate have been used as required by this part.
Should the commission determine that any portion of the public funds have been used for noncampaign or other improper expenses, it shall report such finding to the attorney general and shall order the candidate to return all or part of the funds paid to that candidate for a primary or general election. When public funds are returned, the funds shall be deposited into the Hawaii election campaign fund. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-434 Post-election examination and audit; return of funds.

§11-434 Post-election examination and audit; return of funds.
(a) The commission shall examine and audit the public funds received by all candidates, qualifying contributions, and the expenditures made by all candidates within sixty days after each general election.
(b) The commission shall adopt rules, pursuant to chapter 91, prior to the payment of public money, regarding expenditures which qualify under section 11-432.
(c) If the commission determines that any payment of public funds to a candidate exceeded the aggregate amount to which the candidate was entitled, the commission shall notify the candidate within two years of the payment of the public funds and the candidate shall repay the excess amount to the Hawaii election campaign fund.
(d) If the commission determines that any public funds were used for any improper purpose, the commission shall notify the candidate, and the candidate shall pay to the Hawaii election campaign fund an amount equal to three hundred per cent of such amount in addition to any fines under section 11-410 and section 11-412. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-435 Report and recommendation.

§11-435 Report and recommendation.
In January of each year, the commission shall submit to the legislature:
(1) A study and recommendations of reasonable campaign expenditure and contribution limits and the factors which may be relevant in their establishment; and
(2) A report concerning the status of the Hawaii election [campaign] fund. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-1 Application of chapter.

§12-1 Application of chapter.
All candidates for elective office, except as provided in section 14-21, shall be nominated in accordance with this chapter and not otherwise. [L 1970, c 26, pt of §2]
Law Journals and Reviews
The Protection of Individual Rights Under Hawai €˜i's Constitution. 14 UH L. Rev. 311.
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-2 Primary held when; candidates only those nominated.

§12-2 Primary held when; candidates only those nominated.
The primary shall be held on the second Saturday of August in every even numbered year.
No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(a); am L 1975, c 36, §2(1); am L 1976, c 106, §2(1); am L 1979, c 122, §2; gen ch 1985; am L 2010, c 126, §2]
Case Notes
Court abstained from deciding whether Hawaii statute bans write-in voting. 846 F.2d 587.
Casting of write-in votes not permitted. 70 H. 498, 776 P.2d 824.
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-2.5 Nomination papers; when available.

§12-2.5 Nomination papers; when available.
Nomination papers shall be made available from the first working day of February in every even-numbered year; provided that in the case of a special primary or special election, nomination papers shall be made available at least ten days prior to the close of filing. [L 1979, c 133, §7; am L 1990, c 35, §6; am L 2021, c 14, § §4, 9(2)]
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-4 Nomination papers; qualifications of signers.

§12-4 Nomination papers; qualifications of signers.
(a) No person shall sign the nomination papers of more than one candidate, partisan or nonpartisan, for the same office, unless there is more than one office in a class in which case no person shall sign papers for more than the actual number of offices in a class. Nomination papers shall be construed in this regard according to priority of filing, and the name of any person appearing thereon shall be counted only so long as this provision is not violated, and not thereafter.
(b) Names on nomination papers shall not be counted, unless the signer is a registered voter and is eligible to vote for the candidate. The chief election officer or clerk shall use the most currently compiled general county register available at the time the nomination paper is presented for filing to determine the eligibility of the registered voters to sign for the candidate. Voter registration affidavits that have not been entered into the voter register by the clerk shall not be considered or accepted for this check. At the time of filing, the chief election officer or clerk may reject the candidate's nomination paper for lack of sufficient signers who are eligible to vote for the candidate.
(c) Any registered voter who, after signing a nomination paper, seeks to withdraw the voter's signature shall do so by providing written notice to the chief election officer, or clerk in the case of a county office, any time before the filing of the candidate's nomination paper; provided that the notice is received by the chief election officer, or clerk in the case of a county office, no later than 4:30 p.m. on the fourth business day prior to the close of filing pursuant to section 12-6. The written notice shall include the voter's name, residence address, the month and date portions of the voter's date of birth, the voter's signature, the name of the candidate, and a statement that the voter wishes to remove the voter's signature from the candidate's nomination paper; provided that the written notice shall not require the voter's social security number or any portion thereof and the year portion of the voter's date of birth. Any request by a registered voter to remove the voter's signature from a candidate's nomination paper that is received by the chief election officer, or clerk in the case of a county office, after the candidate's nomination paper has been filed or after 4:30 p.m. on the fourth business day prior to the close of filing shall not be accepted.
(d) Within twenty-four hours upon receipt of a written notice pursuant to subsection (c), the chief election officer, or clerk in the case of a county office, shall send written notice via registered mail to the candidate that the voter requested to have the voter's signature removed from the candidate's nomination paper and that the signature of the voter shall not be counted. [L 1970, c 26, pt of §2; am L 1974, c 34, §2(a); am L 1996, c 173, §5; am L 1997, c 288, §2; am L 2019, c 22, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-5 Nomination papers: number of signers.

§12-5 Nomination papers: number of signers.
(a) Nomination papers for candidates for members of Congress, governor, and lieutenant governor shall be signed by not less than twenty-five registered voters of the State or of the Congressional district from which the candidates are running in the case of candidates for the United States House of Representatives.
(b) Nomination papers for candidates for either branch of the legislature and for county office shall be signed by not less than fifteen registered voters of the district or county or subdivision thereof for which the person nominated is a candidate.
(c) Nomination papers for candidates for members of the board of trustees of the office of Hawaiian affairs shall be signed by not less than twenty-five persons registered to vote.
(d) No signatures shall be required on nomination papers for candidates filing to run in a special primary or special election to fill a vacancy. [L 1970, c 26, pt of §2; am L 1979, c 196, §6; am L 1990, c 35, §7; am L 2011, c 5, §7; am L 2012, c 225, §5]
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-7 Filing of oath.

§12-7 Filing of oath.
The name of no candidate for any office shall be printed upon any official ballot, in any election, unless the candidate shall have taken and subscribed to the following written oath or affirmation, and filed the oath with the candidate's nomination papers.
The written oath or affirmation shall be in the following form:
"I,..............., do solemnly swear and declare, on oath that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will faithfully discharge my duties as.....(name of office)...............to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; So help me God."
Upon being satisfied as to the sincerity of any person claiming that the person is unwilling to take the above prescribed oath only because the person is unwilling to be sworn, the person may be permitted, in lieu of the oath, to make the person's solemn affirmation which shall be in the same form as the oath except that the words "sincerely and truly affirm" shall be substituted for the word "swear" and the phrases "on oath" and "So help me God" shall be omitted. Such affirmation shall be of the same force and effect as the prescribed oath.
The oath or affirmation shall be subscribed before the officer administering the same, who shall endorse thereon the fact that the oath was subscribed and sworn to or the affirmation was made together with the date thereof and affix the seal of the officer's office or of the court of which the officer is a judge or clerk.
It shall be the duty of every notary public or other public officer by law authorized to administer oaths to administer the oath or affirmation prescribed by this section and to furnish the required endorsement and authentication. [L 1970, c 26, pt of §2; gen ch 1985]
Case Notes
Where individual did not sign the "certification by the partisan candidate", as mandated by §12-3(a), and either the "oath of loyalty" or the "affirmation", as mandated by this section, the individual's incomplete nomination papers were void on their face, and the county clerk had no authority to "accept" the nomination papers; thus, individual did not become an official candidate for the 14th district. 126 H. 115 (App.), 267 P.3d 699 (2011).
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-9 List of candidates.

§12-9 List of candidates.
As soon as possible but not later than 4:30 p.m. on the fifth day after the close of filing the chief election officer shall transmit to each county clerk and the county clerk shall transmit to the chief election officer certified lists containing the names of all persons, the office for which each is a candidate, and their party designation, or designation of nonpartisanship, as the case may be, for whom nomination papers have been duly filed in his office and who are entitled to be voted for at the primary, special primary or special election. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(e)]
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-21 Official party ballots.

§12-21 Official party ballots.
The primary or special primary ballot shall be clearly designated as such. The names of the candidates of each party qualifying under section 11-61 or 11-62 and of nonpartisan candidates may be printed on separate ballots, or on a single ballot. The name of each party and the nonpartisan designation shall be distinctly printed and sufficiently separate from each other. The names of all candidates shall be printed on the ballot as provided in section 11-115. When the names of all candidates of the same party for the same office exceed the maximum number of voting positions on a single side of a ballot card, the excess names may be arranged and listed on both sides of the ballot card and additional ballot cards if necessary. When separate ballots for each party are not used, the order in which parties appear on the ballot, including nonpartisan, shall be determined by lot.
The chief election officer or the county clerk, in the case of county elections, shall approve printed samples or proofs of the respective party ballots as to uniformity of size, weight, shape, and thickness prior to final printing of the official ballots. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(f); am L 1979, c 139, §7; am L 1981, c 214, §1; am L 1987, c 232, §2]
Attorney General Opinions
Each party's ballot should be separate and severable from the other parties' ballot, and it is impermissible to place candidates of two minor parties on opposite faces of a ballot card. Att. Gen. Op. 80-7.
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-31 Selection of party ballot; voting.

§12-31 Selection of party ballot; voting.
No person eligible to vote in any primary or special primary election shall be required to state a party preference or nonpartisanship as a condition of voting. Each voter shall be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot. A voter shall be entitled to vote only for candidates of one party or only for nonpartisan candidates. If the primary or special primary ballot is marked contrary to this paragraph, the ballot shall not be counted.
In any primary or special primary election in the year 1979 and thereafter, a voter shall be entitled to select and to vote the ballot of any one party or nonpartisan, regardless of which ballot the voter voted in any preceding primary or special primary election. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(i); am L 1974, c 34, §2(c); am L 1979, c 139, §9; gen ch 1985]
Cross References
Constitutional provision, see Const. art. II, §4.
Case Notes
Where political party did not develop evidence showing that the State's open primary system severely burdened its associational rights, the party's facial challenge failed; among other things, the party provided no evidence showing a "clear and present danger" that adherents of opposing parties determined the party's nominees. 833 F.3d 1119 (2016).
Where plaintiff claimed provisions requiring an open primary were facially unconstitutional because allowing voters to associate anonymously with a political party violated a party's First Amendment right of free association: (1) plaintiff's purely facial challenge to the open primary failed; and (2) the court could not assess whether plaintiff's associational rights were burdened without considering evidence as to the extent, if any, of that burden. 982 F. Supp. 2d 1166 (2013).
Selection of a party's ballot does not automatically make voter a party member. 56 H. 519, 542 P.2d 1272.
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-41 Result of election.

§12-41 Result of election.
(a) The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.
(b) Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(j); am L 1979, c 139, §10; am L 1983, c 34, §21]
Cross References
Election contests, see chapter 11, pt XI.
Attorney General Opinions
For nonpartisan candidate to qualify for placement on the general election ballot, candidate must receive the quantum of vote prescribed, and the provision relating to certification of the candidate with the highest number of votes does not eliminate this requirement. Att. Gen. Op. 78-3.
Case Notes
Nonpartisan candidate's constitutional rights were not violated. 881 F.2d 689.
Distinction between partisan and nonpartisan candidates held not in violation of equal protection. 60 H. 282, 588 P.2d 915.
Requirement that nonpartisan candidate obtain ten per cent upheld. 60 H. 282, 588 P.2d 915.
2023 Hawaii Revised Statutes › Title 2. Elections › 12. Primary Elections › 12-42 Unopposed candidates declared elected.

§12-42 Unopposed candidates declared elected.
(a) Any candidate running for any office in the State of Hawaii in a special election or special primary election who is the sole candidate for that office shall, after the close of filing of nomination papers, be deemed and declared to be duly and legally elected to the office for which the person is a candidate. The term of office for a candidate elected under this subsection shall begin respectively on the day of the special election or on the day of the immediately succeeding special general election.
(b) Any candidate running for any office in the State of Hawaii in a special general election who was only opposed by a candidate or candidates running on the same ticket in the special primary election and is not opposed by any candidate running on any other ticket, nonpartisan or otherwise, and is nominated at the special primary election shall, after the special primary, be deemed and declared to be duly and legally elected to the office for which the person is a candidate at the special primary election regardless of the number of votes received. The term of office for a candidate elected under this subsection shall begin on the day of the special general election. [L 1974, c 34, §2(d); am L 1985, c 203, §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 13D. Board of Trustees, Office of Hawaiian Affairs › 13D-1 Board of trustees; number; composition.

§13D-1 Board of trustees; number; composition.
The board of trustees shall be composed of nine members elected at-large by qualified voters in the State. Of the nine members to be elected one shall reside on the island of Hawaii; one shall reside on the island of Maui; and one shall reside on the island of Molokai; one shall reside on the island of Kauai; and one shall reside on the island of Oahu. [L 1979, c 196, pt of §8; am L 2001, c 55, §3]
Cross References
Constitutional provision, see Const. art. XII, §5.
Law Journals and Reviews
To Dwell on the Earth in Unity: Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai €˜i. V HBJ No. 13, at pg. 15.
The California Civil Rights Initiative: Why It's Here, Its Far Reaching Effects, and the Unique Situation in Hawai`i. 22 UH L. Rev. 279.
Matters of Trust: Unanswered Questions After Rice v. Cayetano. 23 UH L. Rev. 363.
Doe v. Kamehameha Schools: A "Discrete and Insular Minority" in Hawai €˜i Seventy Years After Carolene Products? 30 UH L. Rev. 295.
Case Notes
State's electoral restriction enacted a race-based voting qualification; Hawaii's denial of petitioner's right to vote, where petitioner was not a "Hawaiian", was a clear violation of the Fifteenth Amendment to the U.S. Constitution. 528 U.S. 495.
2023 Hawaii Revised Statutes › Title 2. Elections › 13D. Board of Trustees, Office of Hawaiian Affairs › 13D-2 Qualifications of board members.

§13D-2 Qualifications of board members.
No person shall be eligible for election or appointment to the board unless the person is Hawaiian and is: (1) qualified and registered to vote under the provisions of section 13D-3, and (2) where residency on a particular island is a requirement, a resident on the island for which seat the person is seeking election or appointment. No member of the board shall hold or be a candidate for any other public office under the state or county governments in accordance with Article II, section 7 of the Constitution of the State; nor shall a person be eligible for election or appointment to the board if that person is also a candidate for any other public office under the state or county governments. The term "public office", for purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster, or disaster relief. [L 1979, c 196, pt of §8; am L 1980, c 138, §1; am L 1981, c 82, §4; gen ch 1985; am L 2000, c 59, §1]
Attorney General Opinions
A police captain is a public officer and cannot serve simultaneously as a police officer and as a trustee. Att. Gen. Op. 80-3.
Does not prevent county employee from also being trustee for that county. Att. Gen. Op. 84-8.
Law Journals and Reviews
To Dwell on the Earth in Unity: Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai €˜i. V HBJ No. 13, at pg. 15.
Case Notes
Limitation of eligibility to be a candidate for office of Hawaiian affairs trustee to Hawaiians invalid under the Fifteenth Amendment and §2 of the Voting Rights Act; plaintiffs lacked standing to challenge the restriction that appointed trustees be Hawaiian. 314 F.3d 1091.
2023 Hawaii Revised Statutes › Title 2. Elections › 13D. Board of Trustees, Office of Hawaiian Affairs › 13D-3 Qualifications of voters; registration.

§13D-3 Qualifications of voters; registration.
(a) Every person who registers as required by law shall be entitled to vote at any election of board members provided that the person shall have attained the age of eighteen years at the time of the election.
(b) No person shall be eligible to register as a voter for the election of board members unless the person meets the following qualifications:
(1) The person has attained the age of eighteen years or will have attained such age within one year of the date of the next election of board members; and
(2) The person is otherwise qualified to register to vote in the State.
(c) Any person eligible to and desiring to register as a voter for the election of board members shall go to any location designated by the clerk of the county, then and there to be examined under oath as to the person's qualifications as a voter. Each applicant shall make and subscribe to an application in the form of an affidavit as provided for under section 11-15.
(d) The clerk of each county shall register all persons in the county who are eligible to and desiring to register as voters for the election of board members. The register may be maintained in conjunction with the general county register; provided that the clerk shall be able to prepare a separate list of voters for the election of board members, capable of segregation by precinct and representative district. The maintenance, reproduction, and transmittal of records and affidavits to a central file shall be in accordance with section 11-14.
(e) The clerk of each county shall amend the general county register to include therein any person, who on November 6, 1984, was registered to vote only for members of the board of trustees, to hereinafter be registered to vote in all elections held in the State. [L 1979, c 196, pt of §8; am L 1985, c 203, §7; am L 2000, c 59, §2]
Law Journals and Reviews
To Dwell on the Earth in Unity: Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai €˜i. V HBJ No. 13, at pg. 15.
The California Civil Rights Initiative: Why It's Here, Its Far Reaching Effects, and the Unique Situation in Hawai`i. 22 UH L. Rev. 279.
Matters of Trust: Unanswered Questions After Rice v. Cayetano. 23 UH L. Rev. 363.
Doe v. Kamehameha Schools: A "Discrete and Insular Minority" in Hawai`i Seventy Years After Carolene Products? 30 UH L. Rev. 295.
(Re)Righting History: Deconstructing the Court's Narrative of Hawai`i's Past. 39 UH L. Rev. 631 (2017).
Case Notes
State's electoral restriction enacted a race-based voting qualification; Hawaii's denial of petitioner's right to vote, where petitioner was not a "Hawaiian", was a clear violation of the Fifteenth Amendment to the U.S. Constitution. 528 U.S. 495.
2023 Hawaii Revised Statutes › Title 2. Elections › 13D. Board of Trustees, Office of Hawaiian Affairs › 13D-5 Term of office; vacancies.

§13D-5 Term of office; vacancies.
[(a)] The term of office of members of the board shall be four years beginning on the day of the general election at which they are elected, or if elected at a primary election, on the day of the general election immediately following the primary election at which they are elected, and ending on the day of the second general election after their election. Members of the board may be reelected without restriction as to the number of terms.
[(b)] Any vacancy that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 17-7. [L 1979, c 196, pt of §8; am L 1980, c 264, §4; am L 2013, c 287, §3]
Case Notes
Rice v. Cayetano decision did not create a "vacancy" that "occurs through any cause other than expiration of the term of office" under this section as to those office of Hawaiian affairs trustees who were elected in 1996 and/or 1998. 94 H. 1, 6 P.3d 799.