reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-109 Voter service centers; places of deposit.

§11-109 Voter service centers; places of deposit.
(a) Voter service centers shall be established by the clerks to service the particular needs of each county's voters.
(b) In each county, a voter service center shall be open from the tenth business day preceding the day of the election during regular business hours until the closing hour of voting and at the same times statewide. The clerks may operate additional voter service centers with varying days or hours of operation to service the voters of particular areas that otherwise could not support the operation of a voter service center for ten business days or the same times statewide. Anyone standing in line at a voter service center at the closing hour of voting with the intent of voting shall be permitted to do so. A person eligible to vote but who is not registered to vote standing in line at a voter service center at the closing hour of voting shall be permitted to apply under section 11-15.2 to register to vote and subsequently vote that election day. To the extent the registration clerk determines the applicant to be registered at that time, the applicant will be permitted to vote a regular ballot. If additional time is required to process the application, the applicant shall be provided a provisional ballot.
(c) Each voter service center shall provide the services specified in section 11-1 under the definition of "voter service center".
(d) The clerks may designate and provide for places of deposit to be open as early as the mailing of ballots by the clerks; provided that the locations and apparatus for receiving voted ballots can be securely maintained during the period of use for each election, and as may be permitted by the operational hours. [L 2019, c 136, pt of §2; am L 2021, c 213, §24]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-110 Election expenses and responsibilities for elections by mail.

§11-110 Election expenses and responsibilities for elections by mail.
(a) Election expenses in an election by mail shall be as follows:
(1) All expenses related to elections by mail involving both state and county offices, or involving both federal and county offices, unrelated to voter registration, shall be divided in half between the State and the counties. To the extent that a particular expense is shared statewide, each county shall pay a proration of expenses as a proportion of the registered voters at the time of the general election. The counties shall separately be responsible for expenses associated with voter registration;
(2) All expenses for county elections by mail, which do not involve state or federal offices, shall be borne by the counties and paid out of appropriations as may be made by the county councils; and
(3) All expenses for state or federal elections by mail, which do not involve county offices, shall be borne by the State and paid out of appropriations as may be made by the legislature. Expenses attributable to registration of voters by the clerk for state or federal elections that do not involve county offices shall be borne by the State and paid out of appropriations as may be made by the legislature.
(b) Election responsibilities for elections by mail shall be as follows:
(1) For elections by mail involving both state and county offices, or involving both federal and county offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, places of deposit, and the mailing and receipt of ballots;
(B) The State shall be responsible for the printing and counting of ballots;
(C) The State and counties may otherwise agree to the delegation of these responsibilities to each other; and
(D) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer;
(2) For elections by mail involving only county offices, the respective county shall be solely responsible; and
(3) For elections by mail involving only state or federal offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, and places of deposit;
(B) The State shall be responsible for the printing, mailing, receipt, and counting of ballots; and
(C) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer. [L 2019, c 136, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-111 Official and facsimile ballots.

§11-111 Official and facsimile ballots.
Ballots issued by the chief election officer in state elections and by the clerk in county elections are official ballots. In elections using the paper ballot and electronic voting systems, the chief election officer or clerk in the case of county elections shall have printed informational posters containing facsimile ballots that depict the official ballots to be used in the election. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ee); am L 1975, c 36, §1(4); am L 1980, c 264, §1(f); am L 2019, c 136, §15]
Cross References
Ballot boxes, see §11-134.
Spoiled ballots, see §11-140.
Case Notes
Constitutional amendment ballot form found defective. 60 H. 324, 590 P.2d 543.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-112 Contents of ballot.

§11-112 Contents of ballot.
(a) The ballot shall contain the names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they are running, and the district in which the election is being held. In multimember races the ballot shall state that the voter shall not vote for more than the number of seats available or the number of candidates listed where the number of candidates is fewer than the number of seats available.
(b) The ballot may include questions concerning proposed state constitutional amendments, proposed county charter amendments, or proposed initiative or referendum issues.
(c) At the chief election officer's discretion, the ballot may have a background design imprinted onto it.
(d) When the electronic voting system is used, the ballot may have pre-punched codes and printed information that identify the voting districts, precincts, and ballot sets to facilitate the electronic data processing of these ballots.
(e) The name of the candidate may be printed with the Hawaiian or English equivalent or nickname, if the candidate so requests in writing at the time the candidate's nomination papers are filed. Candidates' names, including the Hawaiian or English equivalent or nickname, shall be set on one line.
(f) The ballot shall bear no word, motto, device, sign, or symbol other than as allowed in this title.
(g) The ballot may include information necessary to use ranked-choice voting as described in section 11-100. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(5); am L 1977, c 189, §1(7); am L 1980, c 264, §1(g); am L 1983, c 34, §13; am L 1984, c 62, §1; am L 1996, c 173, §4; am L 2022, c 47, §4]
Attorney General Opinions
The "party affiliation" listed on the ballot under this section, for purposes of the presidential election, must include the names of non-qualified parties and groups that otherwise meet the requirements to appear on the presidential ballot. Att. Gen. Op. 13-2.
Case Notes
Circuit courts may prevent use of ballots not in conformity with law and may compel officials to prepare proper ballots. 50 H. 379, 441 P.2d 138.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-114 Order of offices on ballot.

§11-114 Order of offices on ballot.
The order of offices on a ballot shall be arranged substantially as follows: first, president and vice president of the United States; next, United States senators; next, United States house of representatives; next, governor and lieutenant governor; next, state senators; next, state representatives; and next, county offices. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(gg); am L 1980, c 264, §1(h)]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-115 Arrangement of names on the ballot.

§11-115 Arrangement of names on the ballot.
(a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order except:
(1) As provided in section 11-118;
(2) For the limitations of the voting system in use; and
(3) For the case of the candidates for vice president and lieutenant governor in the general election whose names shall be placed immediately below the name of the candidate for president or governor of the same political party.
(b) In elections using the paper ballot or electronic voting systems where the names of the candidates are printed and the voter records the voter's vote on the face of the ballot, the following format shall be used: A horizontal line shall be ruled between each candidate's name and the next name, except between the names of presidential and vice presidential candidates and candidates for governor and lieutenant governor of the same political party in the general election. In such case the horizontal line shall follow the name of the candidates for vice president and lieutenant governor of the same political party, thereby grouping the candidates for president and vice president and governor and lieutenant governor of the same political party within the same pair of horizontal lines.
(c) Immediately to the left of (before) or to the right of (after) the candidate name or names, according to the requirements of the voting system, two vertical lines shall be ruled, so that in conjunction with the horizontal lines, a box shall be formed to the left of or to the right of the name and its equivalent, if any.
(d) In case of the candidates for president and vice president and governor and lieutenant governor of the same political party, only one box shall be formed opposite their set of names. The boxes shall be of sufficient size to give ample room in which to designate the choice of the voter in the manner prescribed for the voting system in use. All of the names upon a ballot shall be placed at a uniform distance from the left edge and close thereto, and shall be of uniform size and print subject to section 11-119. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(hh); am L 1976, c 106, §1(8); am L 1977, c 189, §1(9); gen ch 1985; am L 2000, c 130, §1]
Case Notes
Circuit courts may prevent use of ballots not in conformity with law and may compel officials to prepare proper ballots. 50 H. 379, 441 P.2d 138.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-115.5 Legal name of candidates; publication. If the candidate name requested to be printed on a ballot is different than the candidate's legal name, the office of elections and campaign spending commission shall include the candidate's legal name wherever the name requested to be printed on the ballot is used, including but not limited to use on the office of elections and campaign spending commission websites, on voter information materials provided by the office of elections and campaign spending commission, and at the request of any registered voter; provided that when the candidate requests a name on the ballot that is different than the candidate's legal name, the candidate's legal name shall not be included on the ballot. [L 2023, c 117, §1]

§11-115.5
Legal name of candidates; publication.
If the candidate name requested to be printed on a ballot is different than the candidate's legal name, the office of elections and campaign spending commission shall include the candidate's legal name wherever the name requested to be printed on the ballot is used, including but not limited to use on the office of elections and campaign spending commission websites, on voter information materials provided by the office of elections and campaign spending commission, and at the request of any registered voter; provided that when the candidate requests a name on the ballot that is different than the candidate's legal name, the candidate's legal name shall not be included on the ballot. [L 2023, c 117, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-116 Checking ballot form by candidates and parties.

§11-116 Checking ballot form by candidates and parties.
Facsimiles of all ballot layouts prior to printing shall be available for viewing by the candidates and the parties at the office of the chief election officer and the county clerk as soon after the close of filing as they are available. Such layout facsimiles shall show the typefaces used, the spelling and placement of names, and other information on the ballot. [L 1970, c 26, pt of §2]
Case Notes
Purpose and requirement of section. 61 H. 179, 599 P.2d 286.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-117 Withdrawal of candidates; disqualification; death; notice.

§11-117 Withdrawal of candidates; disqualification; death; notice.
(a) Any candidate may withdraw in writing not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the fiftieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office. The notice shall be accompanied by a statement from a licensed physician or physician assistant indicating that such ill health may endanger the candidate's life.
A candidate who withdraws the candidate's own nomination papers prior to the close of filing shall not be considered to have caused a vacancy that may be filled by a party under section 11-118.
(b) On receipt of the notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is disqualified after the close of filing and the ballots have been printed, the chief election officer or the clerk may order the candidate's name stricken from the ballot or order that a notice of the death, withdrawal, or disqualification be prominently posted at the appropriate voter service centers on election day.
(c) In no case shall the filing fee be refunded after filing. [L 1970, c 26, pt of §2; am L 1972, c 77, §5; am L 1973, c 217, §1(ii); am L 1983, c 34, §15; am L 1990, c 7, §2; am L 2009, c 151, §3; am L 2011, c 143, §3 and c 159, §1; am L 2021, c 213, §25]
Cross References
Convicted persons, see chapter 831.
Attorney General Opinions
After twenty-four hours after the close of filing, a candidate is not entitled to withdraw and to have name dropped from the ballot. Att. Gen. Op. 70-23.
Case Notes
Circuit court erred in concluding that based upon individual's "withdrawal" from the district race, the office of elections was authorized pursuant to this section and/or §11-118 to allow the Republican Party three additional days to identify a "replacement" candidate; individual could not have withdrawn individual's nomination papers as the papers were void and should never have been accepted and filed by the county clerk; therefore, without these additional days, replacement individual's nomination papers were filed after the statutory deadline and individual's name should not have been on the ballot. 126 H. 115 (App.), 267 P.3d 699 (2011).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-118.5 Constitutional amendments, proposed; attorney general statement.

§11-118.5 Constitutional amendments, proposed; attorney general statement.
(a) Any constitutional amendment proposed by the legislature shall include in final form the exact constitutional ratification question to be printed on a ballot. The constitutional ratification question shall be phrased in a manner to enable voters to express their choice on the constitutional amendment by providing a "yes" or "no" response. The language and meaning of a constitutional amendment shall be clear and it shall be neither misleading nor deceptive.
(b) The attorney general shall:
(1) In consultation with the legislative reference bureau, prepare a statement in English and Olelo Hawaii for each proposed constitutional amendment in language that is clear and that indicates the purpose, limitations, and effects of the proposed amendment;
(2) Translate the statement into other languages required under the federal Voting Rights Act, as specified by the office of elections; and
(3) Distribute each statement, including the translations, to the state office of elections pursuant to section 11-122(b) and all county clerks for further distribution.
The office of elections and county clerks shall make the statement available to the public at all polling places in the State and on the office of elections website pursuant to section 11-122.
[L 1996, c 173, §1; am L 1997, c 2, §17; am L 2019, c 286, §1; am L 2023, c 115, §3]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-119 Printing; quantity.

§11-119 Printing; quantity.
(a) The ballots shall be printed by order of the chief election officer or the clerk in the case of county elections. In any state or county election, the chief election officer and clerk shall endeavor to consolidate the printing and ballot package mailing contracts where the consolidation will result in lower costs.
(b) Whenever the chief election officer is responsible for the printing of ballots, unless provided otherwise, the exact wording to appear thereon, including questions and issues, shall be submitted to the chief election officer no later than 4:30 p.m. on the seventy-fifth calendar day before the applicable election.
(c) Based upon clarity and available space, the chief election officer or the clerk in the case of county elections shall determine the style and size of type to be used in printing the ballots. The color, size, weight, shape, and thickness of the ballot shall be determined by the chief election officer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(kk); am L 1975, c 36, §1(6); am L 1976, c 106, §1(9); am L 1979, c 133, §4; am L 1980, c 264, §1(i); am L 1985, c 203, §4; am L 2011, c 143, §4; am L 2019, c 136, §16]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-121 Ballot images.

§11-121 Ballot images.
A voter shall not be prohibited from distributing or sharing an electronic or digital image of the voter's own marked ballot via social media or other means regardless of how the voter acquired the image; provided that this section shall not be a defense for any election offenses under chapter 19 or related offenses under the Penal Code. [L 2016, c 81, §1]
Cross References
Ballot removal or exhibition; prohibition, see §11-137.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-122 Digital voter information guide.

§11-122
Digital voter information guide.
(a) The office of elections shall:
(1) Prepare a digital voter information guide, which shall be posted on the office of elections website in a screen reader-accessible format for voters with special needs who are unable to read standard print due to disability;
(2) Provide a translation of the digital voter information guide in Olelo Hawaii on its website; and
(3) Provide printed copies of the digital voter information guide to all public libraries for viewing by the public.
(b) The digital voter information guide shall include:
(1) A photograph and short statement of less than one hundred fifty words for each candidate running for public office, to be prepared by the candidate; provided that the office of elections may uniformly limit the number of words for the candidate statement by applicable public office;
(2) The explanation drafted by the department of the attorney general of each state constitutional amendment that will be proposed to voters in the next general election pursuant to section 11-118.5(b); provided that the department of the attorney general shall transmit the materials required by this paragraph to the office of elections no later than seventy-five days before the general election;
(3) A clear and concise explanation, drafted by the appropriate county corporation counsel, for each proposed county charter amendment, proposed initiative, and proposed referendum issue; provided that the respective corporation counsel shall:
(A) Translate the explanation into Olelo Hawaii and any other languages required under the federal Voting Rights Act, as specified by the office of elections; and
(B) Transmit the materials required by this paragraph to the office of elections no later than seventy-five days before the general election; and
(4) Information regarding mailing deadlines, places of deposit locations, same day voter registration, accessible voting locations, and opening hours of voter service centers.
(c) The office of elections shall prepare and mail with each ballot for a primary election a notice to voters that a digital voter information guide is available on the office of elections website. The notice shall be sent by electronic mail to all voters with special needs who have registered to receive alternate format ballots.
(d) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. [L 2023, c 115, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-131 Voter service center hours.

§11-131 Voter service center hours.
The hours of voting at voter service centers shall be:
(1) Regular business hours as prescribed in section 11-109 and by the clerk; and
(2) On an election day, from 7:00 a.m. until the closing hour of voting.
If, at the closing hour of voting, any voter is standing in line at a voter service center with the desire of entering and voting, but due to the voter service center being overcrowded has been unable to do so, the voter shall be allowed to vote. No voter shall be permitted to enter or join the line after the prescribed hours of voting specified in this section. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(mm); gen ch 1985; am L 2019, c 136, §17; am L 2021, c 213, §26]
Cross References
Voting systems, see chapter 16.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-137 Secrecy; removal or exhibition of ballot.

§11-137 Secrecy; removal or exhibition of ballot.
No person shall look at or ask to see the contents of the ballot or the choice of party or nonpartisan ballot of any voter, except as provided in sections 11-139 and 11-132, nor shall any person attempt to influence a voter in regard to whom the voter shall vote for. When a voter is in the voting booth for the purpose of voting, no other person, except as provided in sections 11-139 and 11-132, shall be allowed to enter the booth or to be in a position from which the person can observe how the voter votes.
No person shall take a ballot out of the voter service center unless authorized by the chief election officer or a designee of the chief election officer. [L 1970, c 26, pt of §2; am L 1972, c 158, §1; am L 1973, c 217, §1(rr); am L 1975, c 36, §1(10); am L 1980, c 264, §1(m); gen ch 1985; am L 1993, c 97, §3; am L 2019, c 136, §19]
Cross References
Distribution or sharing of electronic or digital image of a voter's own marked ballot via social media, see §11-121.
Attorney General Opinions
Precludes "exit polling" within a polling place and within a thousand-foot radius thereof. Att. Gen. Op. 84-4.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-138 Time allowed voters.

§11-138 Time allowed voters.
A voter shall be allowed to remain in the voting booth for five minutes, and having voted the voter shall at once emerge and leave the voting booth. If the voter refuses to leave when so requested by a majority of voter service center officials after the lapse of five minutes, the voter shall be removed by the voter service center officials. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ss); am L 1980, c 264, §1(n); gen ch 1985; am L 2021, c 213, §28]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-139 Voting assistance.

§11-139 Voting assistance.
(a) Except as otherwise provided, any voter who requires assistance may be given assistance by a person of the voter's choice. A person with disabilities may be provided assistance at a voter service center pursuant to any state or federal law relating to persons with disabilities. The voter's employer or agent of that employer, agent of the voter's labor union, or a candidate for any office that is listed on the ballot shall not provide assistance. Written or oral instructions delivered via telephone, electronic means, or mail shall not be deemed assistance prohibited by this section; provided that the voter's employer or agent of that employer, agent of the voter's labor union, or a candidate for any office listed on the ballot is not physically present with the voter when the instructions are delivered.
(b) Violation of this section by an employer or agent of that employer, agent of the voter's labor union, or a candidate shall constitute election fraud as provided under section 19-3. [L 1970, c 26, pt of §2; am L 1972, c 158, §2; am L 1973, c 217, §1(tt); am L 1985, c 203, §5; am L 2002, c 89, §1; am L 2013, c 235, §2; am L 2019, c 136, §20]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-140 Spoiled ballots.

§11-140 Spoiled ballots.
In elections using the paper ballot and electronic voting systems, if a voter spoils a ballot, the voter may obtain another upon returning the spoiled one. Before returning the spoiled ballot, the voter shall conform to the procedure promulgated by the chief election officer to retain the secrecy of the vote. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(uu); am L 1975, c 36, §1(11); am L 1980, c 264, §1(o); am L 1981, c 100, §1(3)]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-151 Vote count.

§11-151 Vote count.
Except for contests conducted by ranked-choice voting pursuant to section 11-100, each contest or question on a ballot shall be counted independently as follows:
(1) If the votes cast in a contest or on a question are equal to or less than the number to be elected or chosen for that contest or question, the votes for that contest or question shall be counted;
(2) If the votes cast in a contest or question exceed the number to be elected or chosen for that contest or question, the votes for that contest or question shall not be counted; and
(3) If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that such ballots shall be counted as votes cast in ratification of a constitutional amendment or a question for a constitutional convention. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(12); am L 1986, c 305, §2; am L 2000, c 54, §1; am L 2022, c 47, §5]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-152 Method of counting.

§11-152 Method of counting.
(a) For votes cast using the electronic voting system, the ballots shall be taken in the sealed ballot containers to the counting center according to the procedure and schedule adopted by the chief election officer to promote the security of the ballots. For all votes cast in an election, in the presence of official observers, counting center employees may start to count the ballots before election day, as specified in section 11-108.
(b) In an election conducted by ranked-choice voting, votes shall be counted as provided in section 11-100. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(vv); am L 1975, c 36, §1(13); am L 1977, c 189, §1(10); am L 1980, c 264, §1(p); am L 1993, c 304, §7; gen ch 1993; am L 2019, c 136, §21; am L 2022, c 47, §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-153 More or fewer ballots than recorded.

§11-153
More or fewer ballots than recorded.
(a) If there are more ballots than documented usage indicates, this shall be an overage and if fewer ballots, it shall be an underage. The election officials or counting center employees responsible for the tabulation of ballots shall make a note of this fact on a form to be provided by the chief election officer. The form recording the overage or underage shall be sent directly to the chief election officer or the clerk in county elections separate and apart from the other election records.
(b) If the electronic voting system is being used in an election, the overage or underage shall be recorded after the tabulation of the ballots. In an election using the paper ballot voting system, the chief election officer or the chief election officer's designee shall proceed to count the votes cast for each candidate or on a question after recording the overage or underage.
(c) The chief election officer or the clerk shall make a list of all precincts in which an overage or underage occurred and the amount of the overage or underage. This list shall be filed and kept as a public record in the office of the chief election officer or the clerk in county elections.
An election contest may be brought under part XI, if the overage or underage in any precinct could affect the outcome of an election. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(14); am L 1997, c 61, §1; am L 2019, c 136, §22; am L 2021, c 213, §29]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-154 Records, etc.; disposition.

§11-154 Records, etc.; disposition.
The voted ballots shall be kept secure and handled only in the presence of representatives not of the same political party or official observers in accordance with rules adopted for the various voting systems. After all the ballots have been tabulated they shall be sealed in containers. Thereafter, these containers shall be unsealed and resealed only as prescribed by rules governing elections.
The ballots and other election records may be destroyed by the chief election officer or clerk when all elected candidates have been certified by the chief election officer, or in the case of candidates for county offices, by the clerk and after compliance with retention schedules of applicable federal law. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ww); am L 2019, c 136, §23]
Cross References
Records open to inspection, see §11-97.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-155 Certification of results of election.

§11-155
Certification of results of election.
On receipt of certified tabulations from the election officials concerned, the chief election officer in a state election, or county clerk in a county election, shall compile, certify, and release the election results by district and precinct after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following:
(1) The results of the canvass of ballots conducted pursuant to chapter 16;
(2) The audit of records and resultant overage and underage report;
(3) The audit results of the manual audit team;
(4) The results of any mandatory recount of votes conducted pursuant to section 11-158; and
(5) All logs, tally sheets, and other documents generated during the election and in the canvass of the election results.
A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11-156; provided that in the event of an overage or underage, a list of all precincts in which an overage or underage occurred shall be attached to the certificate. The candidates to be elected who receive the most votes in any election district shall be declared to be elected; provided that candidates for offices elected by ranked-choice voting shall be declared to be elected pursuant to section 11-100. Unless otherwise provided, the term of office shall begin or end as of the close of voter service centers on election day. The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11-156. [L 1970, c 26, pt of §2; am L 1980, c 264, §1(b); am L 1986, c 305, §3; am L 1997, c 61, §2; am L 2019, c 135, §2; am L 2021, c 213, §30; am L 2022, c 47, §7]
Attorney General Opinions
When board of education members can assume official duties. Att. Gen. Op. 86-21.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-156 Certificate of election and certificate of results, form.

§11-156 Certificate of election and certificate of results, form.
The chief election officer or county clerk shall deliver certificates of election to the persons elected as determined under section 11-155. The chief election officer or county clerk in county elections shall issue certificates of results where a question has been voted upon. Certificates of election shall be delivered only after the:
(1) Filing of reports in accordance with sections 11-331 and 11-333; and
(2) Payment of any fine assessed by the campaign spending commission,
by the person elected in accordance with part XIII and after the expiration of time for bringing an election contest. The certificate of election shall be substantially in the following form:
CERTIFICATE OF ELECTION
I,......................., chief election officer (county clerk) of Hawaii (county), do hereby certify that .................... was on the ..... day of .......... 20....., duly elected a ............... (name of office) for the ....................... district for a term expiring on the ..... day of ...................., A.D. 20.....
Witness my hand this ..... day of ...................., A.D. 20.....
.....................................
Chief Election Officer (County Clerk)
The certificate of results shall be substantially in the following form:
CERTIFICATE OF RESULTS
I, ............................, chief election officer (county clerk) of Hawaii (county), do hereby certify that .................. (question) was on the ..... day of ............... 20...., duly adopted (rejected) by a majority of the votes cast.
.....................................
Chief Election Officer (County Clerk)
If there is an election contest these certificates shall be delivered only after a final determination in the contest has been made and the time for an appeal has expired. [L 1970, c 26, pt of §2; am L 1986, c 305, §4; am L 2012, c 34, §1; am L 2014, c 139, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-157 In case of tie.

§11-157 In case of tie.
In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or clerk in the case of county elections by lot. [L 1970, c 26, pt of §2; gen ch 1985; am L 1990, c 198, §2; am L 1996, c 239, §2; am L 2011, c 5, §3; am L 2012, c 34, §2; am L 2019, c 136, §24]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-158 Mandatory recount of votes.

§11-158 Mandatory recount of votes.
(a) The chief election officer, or the clerk in the case of a county election, shall conduct a recount of all votes cast for any office or ballot question in any election if the official tabulation of all of the returns for that office or question reveals that the difference in:
(1) The number of votes cast for a candidate apparently qualified for the general election ballot or elected to office and the number of votes cast for the closest apparently defeated opponent; or
(2) The number of votes cast in the affirmative for the ballot question and the number of votes cast in the negative for the ballot question, including when applicable, the tabulation of blank votes,
is equal to or less than one hundred votes or one-quarter of one per cent of the total number of votes cast for the contest, whichever is greater.
(b) No candidate shall be charged for the cost of a mandatory recount under this section.
(c) All mandatory recounts of votes under this section shall be completed and the results publicly announced no later than seventy-two hours after the closing of polls on election day.
(d) The chief election officer may adopt rules pursuant to chapter 91 for the mandatory recount of votes under this section, including:
(1) Authorizing candidates affected by the recount, or their designated representatives, to attend and witness the recount; and
(2) Notifying the parties described in paragraph (1) of the time and place of the recount no later than one day prior to the date of the recount.
(e) This section shall apply to votes counted pursuant to section 11-151.
(f) A recount conducted pursuant to this section shall not be considered a contest for cause subject to section 11-172. [L 2019, c 135, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-171 Applicability of this part.

Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure.
§11-171 Applicability of this part.
This part shall apply whenever a contested election is subject to determination by a court of competent jurisdiction in the manner provided by law. [L 1970, c 26, pt of §2]
Case Notes
The court has jurisdiction to decide election contest involving legislative seat. 51 H. 354, 461 P.2d 221.
Supreme court has jurisdiction to determine validity of the manner of submission and ratification of state constitution amendments. 60 H. 324, 590 P.2d 543.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-172 Contests for cause; generally.

§11-172 Contests for cause; generally.
With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. The complaint shall set forth any cause or causes, such as but not limited to, provable fraud, overages, or underages, that could cause a difference in the election results. The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the voter service center officials or the officials at a counting center in an election using the electronic voting system. A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(xx); am L 1975, c 36, §1(15); am L 1991, c 9, §2; am L 2021, c 213, §31]
Case Notes
A candidate's campaign coordinator has no standing to contest election. 56 H. 47, 527 P.2d 236.
Sufficiency of complaint. 56 H. 47, 527 P.2d 236.
Electorate as whole had standing. 61 H. 179, 599 P.2d 286.
Plaintiffs failed to meet burden of demonstrating that irregularities in voting procedures for OHA trustees either could have caused a difference in election outcome or could have precluded the correct result from being ascertained. 84 H. 383, 935 P.2d 98.
Where plaintiff made no showing that defendant was under any obligation to debate plaintiff, the refusal to debate was not an error, mistake, or irregularity that would have changed the results of the election; thus plaintiff failed to meet plaintiff's burden of demonstrating errors, mistakes, or irregularities that could have caused a difference in the election results and the remedy of ordering a new election with televised debates was not authorized by §11-174.5(b). 119 H. 337, 198 P.3d 124.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-173.5 Contests for cause in primary, special primary elections, and county elections held concurrently with a regularly scheduled primary or special primary election.

§11-173.5 Contests for cause in primary, special primary elections, and county elections held concurrently with a regularly scheduled primary or special primary election.
(a) In a primary and special primary election contest, or a county election contest held concurrently with a regularly scheduled primary or special primary election, the complaint shall be filed in the office of the clerk of the supreme court no later than 4:30 p.m. on the thirteenth day after a primary or special primary election or a county election contest held concurrently with a regularly scheduled primary or special primary election, and shall be accompanied by a deposit for costs of court as established by the rules of the supreme court; provided that a complaint for a contest for cause that arises from a mandatory recount pursuant to section 11-158 shall be filed no later than 4:30 p.m. on the third calendar day following the public announcement of the results of the mandatory recount pursuant to section 11-158(c). The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court no later than 4:30 p.m. on the fifth day after service of the summons.
(b) In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election, the court shall hear the contest in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law. The judgment shall decide what candidate was nominated or elected, as the case may be, in the manner presented by the petition, and a certified copy of the judgment shall forthwith be served on the chief election officer or the county clerk, as the case may be, who shall place the name of the candidate declared to be nominated on the ballot for the forthcoming general, special general, or runoff election. The judgment shall be conclusive of the right of the candidate so declared to be nominated; provided that this subsection shall not operate to amend or repeal section 12-41. [L 1973, c 217, §1(aaa); am L 1974, c 34, §1(c); am L 1979, c 133, §5; am L 1998, c 22, §2; am L 2019, c 135, §3 and c 136, §25]
Rules of Court
Collection of costs and fees by appellate clerk, see HRAP rule 45(e).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-175 Powers of supreme court; costs.

§11-175 Powers of supreme court; costs.
The supreme court may compel the attendance of witnesses, punish contempts, and do whatsoever else may be necessary fully to determine the proceedings, and enforce its decrees therein. The court may make such special rules as it may find necessary or proper. The costs shall be as provided by the supreme court by rule. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ccc); am L 1993, c 6, §3]
Case Notes
Where it could not be said that defendants engaged in repeated violations of the same matters under the Hawaii constitution, sanctions in the form of attorneys' fees pursuant to this section were not appropriate. 110 H. 327, 132 P.3d 1238.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-182 Election expenses when no county elections.

§11-182 Election expenses when no county elections.
All expenses, including expenses attributable to registration of voters by the county clerk, for state elections conducted in any county which do not involve elections for county offices shall be borne by the State and paid out of such appropriations as may be made by the legislature for election purposes. [L 1970, c 26, pt of §2]
Cross References
Election officials' compensation, see §11-76.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-191 to 11-213 OLD REPEALED. § §11-191 to 11-225 REPEALED.

§ §11-191 to 11-213 OLD REPEALED.
L 1979, c 224.
§ §11-191 to 11-225 REPEALED.
L 2010, c 211, §9.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-311 Campaign spending commission established; composition.

§11-311 Campaign spending commission established; composition.
(a) There is established a campaign spending commission, which shall be placed within the department of accounting and general services for administrative purposes.
(b) The commission shall consist of five members representing the general public and who are appointed by the governor from a list of ten nominees submitted by the judicial council. A vacancy on the commission shall be filled from the list of nominees or by the reappointment of a commissioner whose term has expired, subject to the limit on length of service imposed by section 26-34. The judicial council shall meet and expeditiously select additional persons for the list of nominees whenever the number of the eligible nominees falls below five. Notwithstanding section 26-34, appointments to the commission shall not be subject to the advice and consent of the senate.
(c) The judicial council may solicit applications for the list of nominees through community organizations and advertisements in any newspaper. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-314 Duties of the commission.

§11-314 Duties of the commission.
The duties of the commission under this part are to:
(1) Develop and adopt forms required by this part;
(2) Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping;
(3) Preserve all reports required by this part for at least ten years from the date of receipt by the commission;
(4) Permit the inspection, copying, or duplication of any report required by this part pursuant to rules adopted by the commission under chapter 91; provided that this paragraph shall not apply to the sale or use of information under section 11-344;
(5) Ascertain whether any person has failed to file a report required by this part or has filed a substantially defective or deficient report. The commission shall notify the person by first class mail that a fine may be assessed for the failure to file or the filing of a substantially defective or deficient report, and the defective or deficient report shall be corrected and explained. All fines collected under this section as authorized by sections 11-340 and 11-410 shall be deposited in the general fund of the State;
(6) Hold public hearings;
(7) Investigate and hold hearings for receiving evidence of any violations pursuant to subpart I of this part;
(8) Adopt rules pursuant to chapter 91;
(9) Request the initiation of prosecution for the violation of this part pursuant to section 11-411;
(10) Administer and monitor the distribution of public funds under this part;
(11) Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part;
(12) Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation; provided that the commission shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission;
(13) Conduct random audits and field investigations, as necessary; and
(14) File for injunctive relief when indicated. [L 2010, c 211, pt of §2; am L 2013, c 112, §3]