reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-19 Registration from one county to another.

§11-19 Registration from one county to another.
Whenever a registered voter changes residence from one county to another, the person shall notify the clerk and change the registration to the proper county by the appropriate registration deadline; provided that no change of registration shall be allowed after the close of registration for an election except pursuant to section 11-21(c). Thereupon, if the person applying is legally qualified to register, the clerk shall accept the registration and shall immediately thereafter forward to the clerk of the county in which the person was formerly registered, a notice that the name of the registered voter is to be removed from the general county register of that county. [L 1970, c 26, pt of §2; am L 1972, c 77, §2; am L 1973, c 217, §1(i); gen ch 1985; am L 1987, c 273, §3; am L 1992, c 129, §2]
Attorney General Opinions
Except in the situation specified in section, voter who moves from one county to another may reregister in second county, so long as register is open. Att. Gen. Op. 70-16.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-20 Transfers; name changes; initiated by clerk.

§11-20 Transfers; name changes; initiated by clerk.
(a) The clerks shall use all reliable and pertinent information to keep the general register up to date. The county clerks may request information from, but are not limited to, the following sources:
(1) The office of the lieutenant governor for any change of name;
(2) Courts for any changes of name, divorces, separations, or other changes affecting voter status;
(3) The department of health for marriages, deaths, or other changes affecting voter status;
(4) Utility companies concerning commencement or changes of service;
(5) Residential apartments, cooperative apartments, and condominiums as to changes of occupancy.
In requesting the information the clerk shall give reasonable notice and time for furnishing the information.
(b) If the clerk has evidence indicating that a voter's registration should be transferred, the clerk shall notify the person by first-class mail of the intent to transfer registration. The notification shall include:
(1) Any evidence that the clerk may have indicating why a transfer or change should be made;
(2) The residence, precinct, and district of the voter according to current registration lists;
(3) Any alleged new address, precinct, and district;
(4) A reply form which shall contain a space for the voter's agreement or objection to the transfer, the reasons for the objection and space for the voter's signature;
(5) Notice that unless the completed form is returned not later than 4:30 p.m. on the fifteenth day after mailing, the transfer shall be processed.
(c) A voter may contest the transfer on or before election day by presenting evidence that the voter actually resides at the old address which, if found valid by the clerk or the board of registration, shall entitle the voter to be returned to the old voting list.
(d) Notwithstanding section 11-24, the clerk may, at any time, transfer a voter's registration when notice of a change of address is received by registration affidavit or other form or means approved by the chief election officer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(j); am L 1984, c 64, §1; am L 1994, c 119, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-21 Change of name, transfer on election day.

§11-21 Change of name, transfer on election day.
(a) The clerk may designate a registration clerk, who may be an election official, at a voter service center in the county on the day of the election.
(b) These registration clerks shall take applications for change of name from voters who have been married or who have had their names changed since the last election.
(c) Any person whose name appears on the registered voters list whose residence has changed since the last election, and whom the clerk has not transferred under section 11-20, may apply on a form prescribed by the chief election officer on the day of the election for transfer of registration to the precinct of the new residence. Any person so transferring voter registration shall be immediately added to the register of the new precinct.
(d) Where a person was incorrectly placed on a list of voters of a precinct in which the person does not actually reside, the person may correct the registration. [L 1970, c 26, pt of §2; am L 1972, c 77, §3; am L 1984, c 64, §2; am L 1985, c 203, §2; am L 1987, c 273, §4; am L 1992, c 129, § §3, 4; am L 2019, c 136, §8; am L 2021, c 213, §8]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-22 Changing register; correction of errors.

§11-22 Changing register; correction of errors.
(a) The clerk shall correct the register if at any time it shall be manifest to the clerk that the name of a person registered has been accidentally misspelled, or that the person has been misnamed therein, or that the person has been accidentally registered under the wrong precinct, or that the person was accidentally removed pursuant to section 11-17(a), or that the name of the person should be corrected or restored pursuant to section 11-17(b).
(b) In any case where the clerk refuses to correct the register, the person may appeal to the board of registration and the register shall be changed upon a written order of the board of registration, setting forth the reasons for the change. The order shall be directed to the clerk. The clerk, upon receipt of any order from the board of registration, shall correct the register according to the terms of the order, making on the register a reference to the order. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(k); gen ch 1985; am L 1990, c 45, §6; am L 2019, c 136, §9; am L 2021, c 213, §9]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-23 Changing register; striking names of disqualified voters.

§11-23 Changing register; striking names of disqualified voters.
Whenever the clerk receives from the department of health or any informing agency, information of the death, loss of voting rights of a person sentenced for a felony as provided in section 831-2, adjudication as an incapacitated person under the provisions of chapter 560, loss of citizenship, or any other disqualification to vote, the clerk may accept the reported information as prima facie evidence to maintain and update the general register. Any person whose name is removed from the register of voters under this section may reregister to vote or appeal in the manner provided by sections 11-26 and 11-51, and the proceedings shall be had upon the appeal as in other appeals under these sections. [L 1970, c 26, pt of §2; am L 1980, c 198, §1; am L 1983, c 34, §1; am L 2002, c 15, §2; am L 2021, c 213, §10]
Case Notes
Cited: 133 H. 229 (App.), 325 P.3d 641 (2014).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-24 Closing register.

§11-24 Closing register.
(a) At 4:30 p.m. on the tenth day before each election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter, the general county register shall be closed to registration for persons seeking to vote and remain closed to registration until after the election, subject to change only as provided in sections 11-15.2, 11-21(c), 11-22, 11-25, 11-26, and this section.
(b) Notwithstanding the time of closing the general county registrar under subsection (a), the clerk may accept an application submitted on the tenth day if it was received electronically through the online voter registration system in accordance with section 11-15.3 or received as part of a driver's licensing transaction or from another designated voter registration agency under the National Voter Registration Act of 1993. The clerk shall also accept an application that is postmarked before or on the tenth day before the election. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(1); am L 1976, c 106, §1(6); am L 1977, c 189, §1(3); am L 1979, c 139, §3; am L 1990, c 156, §7; am L 1992, c 129, §5; am L 2012, c 225, §4; am L 2021, c 213, §11]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-26 Appeal from ruling on challenge; or failure of clerk to act.

§11-26 Appeal from ruling on challenge; or failure of clerk to act.
(a) In cases where the clerk, or voter service center officials, rules on a challenge on election day, the person ruled against may appeal from the ruling to the board of registration of the person's county for review under part III. The appeal shall be brought before the challenger and challenged party leave the voter service center. If an appeal is brought, both the challenger and the challenged voter may be parties to the appeal.
(b) In cases where the clerk rules on a challenge, prior to election day, or refuses to register an applicant, or refuses to change the register under section 11-22, the person ruled against may appeal from the ruling to the board of registration of the person's county. The appeal shall be brought within ten days of service of the adverse decision. Service of the decision shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the aggrieved person's last known address. If an appeal from a decision on a challenge prior to election day is brought, both the challenger and the challenged voter may be parties to the appeal.
(c) If the appeal is sustained, the board shall immediately certify that finding to the clerk, who shall thereupon alter the register to correspond to the findings of the board, and when necessary, the clerk shall notify the voter service center officials of the change in the register. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(n); am L 1980, c 264, §1(c); gen ch 1985; am L 1990, c 45, §7; am L 2021, c 213, §13]
Case Notes
Where county board of registration only ruled on the individual's right to be or remain a registered voter, which was within the scope of its jurisdiction, and did not mention any possible consequences for the individual's candidacy under the provision applicable to a candidate whose nomination papers have been successfully challenged, board did not exceed its jurisdiction in finding that individual was a candidate for the council seat, an undisputed fact that provided background and context for the appeal, and entering conclusions of law containing extraneous information on the county charter and the residency requirement for running for a council seat. 121 H. 297, 219 P.3d 1084 (2009).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-41 Boards of registration, appointment, tenure.

§11-41 Boards of registration, appointment, tenure.
(a) There shall be four boards of registration: one for the island of Hawaii; one for the islands of Maui, Molokai, Lanai, and Kahoolawe; one for the island of Oahu; and one for the islands of Kauai and Niihau. The boards, which shall be in the department of accounting and general services for administrative purposes, shall consist of three members each who shall be appointed by the governor by and with the advice and consent of the senate; their terms of office shall be four years. Each member shall, at the time of appointment and continuing through their term of office, be a registered voter in the respective county of the board to which the member is appointed.
(b) In no case shall any board consist entirely of members of one political party. Party membership shall be the member's party membership at the time of appointment and shall be determined by the respective political party. If a member changes their party membership during their term of office, then the member's new party membership shall be their membership for the purposes of this subsection. Upon request by the governor or a senator, a member shall provide verification of party membership. A member shall also provide notice that they have changed their party membership to the governor and senate president if the member changes their party membership during their term of office.
(c) The several boards of registration shall sit in the county seats of their respective counties on election day. The boards shall also sit at such other times as the clerk determines within the various representative districts in their respective counties to hear appeals, provided there are any, from the voters registered within such districts. The boards shall continue their sittings until all appeals have been heard.
(d) Reasonable notices of the sitting of the boards shall be given in their respective districts or counties. [L 1970, c 26, pt of §2; am L 1980, c 264, §1(d); am L 1983, c 34, §2; am L 1998, c 2, §3; am L 2005, c 199, §1; am L 2023, c 13, §1]
Case Notes
Cited: 133 H. 229 (App.), 325 P.3d 641 (2014).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-42 Compensation.

§11-42 Compensation.
Members of the boards of registration shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91. [L 1970, c 26, pt of §2; am L 1979, c 133, §1; am L 1987, c 210, §1; am L 1998, c 56, §1]
Cross References
Election officials' compensation, see §11-76.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-43 Powers; procedures.

§11-43 Powers; procedures.
(a) Each board of registration is given all of the powers and authority for the summoning and examining of witnesses and the maintenance of order, including the power to punish for contempt and award witness fees in accordance with section 621-7, by law given to circuit courts.
(b) Every member of the board of registration may administer oaths in all cases in which oaths are by law authorized.
(c) The procedures for challenges and appeals under sections 11-25 and 11-26 and this part shall be exempt from the provisions of chapter 91 regarding contested case hearings, but shall be administered according to rules adopted by the chief election officer. [L 1970, c 26, pt of §2; am L 1990, c 45, §8]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-44 Records of proceedings.

§11-44 Records of proceedings.
The several boards of registration shall each keep books of record in which full and detailed minutes shall be preserved of all their proceedings. The minutes shall be kept from day to day, and shall contain:
(1) The date and place of the meeting;
(2) The names of the members of the board present;
(3) The name of each person to whom an oath is administered, and, if an examination is held, the names of the witnesses and the substance of the answers of the applicant and of the witnesses;
(4) The name of any person challenging the right of any applicant to register, the grounds of challenge, the name of the person challenged, and the decision rendered thereon; and
(5) All other matters of detail which are likely to have a bearing upon any question concerning the action of the board or of any person appearing before it. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-51 Appeal from board.

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.
§11-51 Appeal from board.
Any affected person, political party, or any of the county clerks, may appeal to the intermediate appellate court, subject to chapter 602, in the manner provided for civil appeals from the circuit court; provided that the appeal is brought no later than 4:30 p.m. on the tenth day after the board serves its written decision, including findings of fact and conclusions of law, upon the appellant. This written decision of the board shall be a final appealable order. The board shall not consider motions for reconsideration. Service upon the appellant shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the appellant's last known address. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(o); am L 1979, c 111, §25; am L 1990, c 45, §9; am L 2004, c 202, §1; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-52 Hearing; decision final.

§11-52 Hearing; decision final.
When the appeal is perfected, the court shall hear the appeal as soon thereafter as may be reasonable. [L 1970, c 26, pt of §2; am L 2004, c 202, §2; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-53 Decision, notice; action on.

§11-53 Decision, notice; action on.
Immediately upon rendering a final decision upon any appeal, the court shall notify the board of registration from which the appeal was taken; and if the decision reverses the decision of the board, the board shall immediately order the register to be corrected to conform with the decision. [L 1970, c 26, pt of §2; am L 2004, c 202, §3; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-54 Status pending appeal.

§11-54 Status pending appeal.
In case of an appeal from a decision of any board of registration the name of the person shall be placed or remain upon the register pending the decision of the appellate courts concerning the same. If the person so registered votes at any election before the appeal is decided and acted upon, the ballot of such voter shall be handled in accordance with section 11-25(c). [L 1970, c 26, pt of §2; am L 2004, c 202, §4; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-61 "Political party" defined.

Case Notes
State's prohibition on write-in voting, as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under First and Fourteenth Amendments. 504 U.S. 428.
§11-61 "Political party" defined.
(a) The term "political party" means any party which has qualified as a political party under sections 11-62 and 11-64 and has not been disqualified by this section. A political party shall be an association of voters united for the purpose of promoting a common political end or carrying out a particular line of political policy and which maintains a general organization throughout the State, including a regularly constituted central committee and county committees in each county other than Kalawao.
(b) Any party which does not meet the following requirements or the requirements set forth in sections 11-62 to 11-64, shall be subject to disqualification:
(1) A party must have had candidates running for election at the last general election for any of the offices listed in paragraph (2) whose terms had expired. This does not include those offices which were vacant because the incumbent had died or resigned before the end of the incumbent's term; and
(2) The party received at least ten per cent of all votes cast:
(A) For any of the offices voted upon by all the voters in the State; or
(B) In at least fifty per cent of the congressional districts; or
(3) The party received at least four per cent of all the votes cast for all the offices of state senator statewide; or
(4) The party received at least four per cent of all the votes cast for all the offices of state representative statewide; or
(5) The party received at least two per cent of all the votes cast for all the offices of state senate and all the offices of state representative combined statewide. [L 1970, c 26, pt of §2; am L 1979, c 125, §3(1); am L 1983, c 34, §3; am L 1986, c 323, §1; am L 1997, c 287, §1; am L 1999, c 205, §1]
Attorney General Opinions
"All votes cast" in determining the qualification of a political party does not include blank ballots. Att. Gen. Op. 81-6.
Change of party name. Att. Gen. Op. 82-1.
General election presidential ballots shall contain the candidate's party or group affiliation along with the candidate's name, regardless of whether the party is qualified under this section and §11-62. Att. Gen. Op. 13-2.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-63 Party rules, amendments to be filed.

§11-63 Party rules, amendments to be filed.
All parties must file their rules with the chief election officer not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary. All amendments shall be filed with the chief election officer not later than 4:30 p.m. on the thirtieth day after their adoption. The rules and amendments shall be duly certified to by an authorized officer of the party and upon filing, the rules and amendments thereto shall be a public record. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(q); am L 1983, c 34, §5; am L 1986, c 323, §3; am L 2022, c 4, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-64 Names of party officers to be filed.

§11-64 Names of party officers to be filed.
All parties shall submit to the chief election officer and the respective county clerks not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary, a list of names and addresses of officers of the central committee and of the respective county committees. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(r); am L 1983, c 34, §6; am L 2022, c 4, §3]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-65 Determination of party disqualification; notice of disqualification.

§11-65 Determination of party disqualification; notice of disqualification.
(a) Not later than 4:30 p.m. on the one hundred twentieth day after a general election, the chief election officer shall determine which parties were qualified to participate in the last general election, but which have become disqualified to participate in the forthcoming elections. Notice of intention to disqualify shall be served by certified or registered mail on the chairperson of the state central committee or in the absence of the chairperson, any officer of the central committee of the party, as shown by the records of the chief election officer. In addition, public notice of intention to disqualify shall also be given.
(b) If an officer of the party whose name is on file with the chief election officer desires a hearing on the notice of intention to disqualify, the officer of the party shall, not later than 4:30 p.m. on the tenth day after service by mail or not later than 4:30 p.m. on the tenth day after the last day upon which the public notice is given in any county, whichever is later, file an affidavit with the chief election officer setting forth facts showing the reasons why the party should not be disqualified. The chief election officer shall call a hearing not later than twenty days following receipt of the affidavit. The chief election officer shall notify by certified or registered mail the officer of the party who filed the affidavit of the date, time, and place of the hearing. In addition, public notice of the hearing shall be given not later than five days prior to the day of the hearing. The chief election officer shall render the chief election officer's decision not later than 4:30 p.m. on the seventh day following the hearing. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. A party thus disqualified shall have the right to requalify as a new party by following the procedures of section 11-62. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(5); am L 1977, c 189, §1(4); gen ch 1985, 1993; am L 1998, c 2, §4]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-76 Compensation.

§11-76 Compensation.
Election officials under the supervision and control of the office of elections on election day shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(y); am L 1974, c 19, §1; am L 1977, c 151, §2; am L 1982, c 145, §1; am L 1989, c 155, §1; gen ch 1993; am L 1995, c 71, §3; am L 2019, c 136, §11]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-77 Appointment of watchers; service.

§11-77 Appointment of watchers; service.
(a) Each qualified political party shall be entitled to appoint no more than one watcher who may be present at any time at a voter service center. Each party shall submit its list of watchers no later than 4:30 p.m. on the twentieth day before any election to the clerk. All watchers shall serve without expense to the county. All watchers so appointed shall be registered voters.
(b) Each watcher shall be provided with identification from the clerk stating the watcher's name and the name of the party the watcher represents.
(c) The watcher shall call the attention of the clerk to any violations of the election laws that the watcher observes. After the clerk's attention is called to the violation, the clerk shall make an attempt to correct the violation. If the clerk fails to correct the violation, the watcher may appeal to the chief election officer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(z); am L 1977, c 189, §1(6); am L 1983, c 34, §7; am L 2005, c 201, §4; am L 2019, c 136, §12]
Case Notes
Under authority to observe the conduct of the election, poll watchers may record the names of those who have voted. 54 H. 254, 506 P.2d 13.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-91 Proclamation.

§11-91 Proclamation.
(a) No later than 4:30 p.m. on the tenth day before the close of filing in elections involving state offices, the chief election officer shall issue an election proclamation. In elections involving only county offices the clerk shall issue the proclamation. In elections involving both state and county offices the proclamation may be issued jointly.
(b) The proclamation shall contain a statement of the purposes for which the election is to be held, and a designation of the offices and the terms thereof for which candidates are to be nominated or elected. It may also contain any other relevant matter including an offer of rewards for the detection and conviction of offenders against the election laws. The chief election officer or clerk shall cause the election proclamation to be published at least once in a newspaper of general circulation and no later than on the tenth day before the close of filing.
(c) For any election conducted by ranked-choice voting pursuant to section 11-100, the election proclamation shall include a statement that votes shall be cast and tabulated using ranked-choice voting and shall provide an explanation of ranked-choice voting. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(aa); am L 2021, c 7, §1 and c 213, §14; am L 2022, c 47, §3]
Case Notes
Nothing in section grants to chief election officer any substantive power to call special election to fill vacancy in Senate resulting from death of candidate. 52 H. 410, 477 P.2d 625.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-92.1 Election proclamation; establishment of a new precinct; voter service centers and places of deposit; changes to precinct boundaries.

§11-92.1 Election proclamation; establishment of a new precinct; voter service centers and places of deposit; changes to precinct boundaries.
(a) The clerk shall issue a proclamation listing all voter service centers and places of deposit, including the days each voter service center and place of deposit is open and the hours of operations and location of each voter service center and place of deposit, as may have been determined by the clerk as of the proclamation date and whenever a new precinct is established in any representative district. The clerk shall make arrangements for the rental or erection of suitable shelter for the establishment of a voter service center whenever public buildings are not available and shall cause these voter service centers to be equipped with the necessary facilities for lighting, ventilation, and equipment needed for elections on any island. This proclamation may be issued jointly with the proclamation required in section 11-91.
(b) No change shall be made in the boundaries of any precinct later than 4:30 p.m. on the tenth day before the close of filing for an election.
(c) Notwithstanding subsection (a), and pursuant to section 15-2.5, the clerk is not required to establish voter service centers for precincts affected by natural disasters, as provided in section 15-2.5. [L 1983, c 34, §9; am L 1984, c 39, §1; am L 1996, c 215, §2; am L 2019, c 136, §13; am L 2021, c 7, §2 and c 213, §15]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.

§11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.
(a) In the event of a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring before an election where the extent of damage caused is such that the ability of voters, in any precinct, district, or county, to exercise their right to vote is substantially impaired, the chief election officer or clerk in the case of county elections may postpone the conducting of an election in the affected precinct, district, or county for no more than twenty-one days; provided that any postponement shall not affect the conduct of the election, tabulation, or distribution of results for those precincts, districts, or counties not designated for postponement. The chief election officer or clerk in the case of county elections shall give notice of the postponement by whatever possible news or broadcast media are available.
(b) In the event the chief election officer or the clerk in a county election determines that the number of candidates or issues on the ballot in a special, special primary, or special general election does not require the full number of established precincts, the precincts may be consolidated for the purposes of the special, special primary, or special general election into a small number of special, special primary, or special general election precincts.
A special, special primary, or special general election precinct shall be considered the same as an established precinct for all purposes. No later than 4:30 p.m. on the tenth day before the special, special primary, or special general election, the chief election officer or the clerk shall give public notice, in the area in which the special, special primary, or special general election is to be held, of the special, special primary, or special general election precincts. [L 1983, c 34, §11; am L 1993, c 304, §5; am L 1996, c 215, §3; am L 1998, c 2, §5; am L 2019, c 136, §14; am L 2021, c 213, §16]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-92.5 Minimum number of precincts.

§11-92.5 Minimum number of precincts.
Beginning with the 2022 primary election, there shall be a minimum of four precincts in each district; provided that each inhabited island with at least one hundred residents shall include at least one precinct. [L 2021, c 213, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-96 Records prima facie evidence.

§11-96 Records prima facie evidence.
Every record made pursuant to law by a board of registration of voters, or the precinct officials, shall be a prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which the same is offered in evidence. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(cc)]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-97 Records open to inspection.

§11-97 Records open to inspection.
(a) A voter's full name, district/precinct designation, and voter status shall be public; but all other personal information, as provided on the voter registration affidavit, shall be confidential except for election or government purposes in accordance with rules adopted by the chief election officer, pursuant to chapter 91.
(b) Voted materials shall not be open to the inspection of any voter until after the end of the contest period unless opened upon order of the court. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(dd); am L 1983, c 34, §12; am L 1990, c 156, §8; am L 1997, c 157, §2]
Cross References
Government records, see chapter 92F.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-98 Forms and materials used in elections.

§11-98 Forms and materials used in elections.
Books, blanks, records, certificates, and other forms and materials required by this title shall be of uniform character suitable for the voting system in use and shall be prescribed by the chief election officer after consultation with the clerks involved. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-99 Members of Congress, applicability of election laws.

§11-99 Members of Congress, applicability of election laws.
The nomination and election of a senator or representative to Congress shall be in conformity to the laws applicable to the election of members of the state legislature except as expressly otherwise provided or where in conflict with federal law. [L 1970, c 26, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-101 Elections eligible to be conducted by mail.

Note
Reports to 2020-2025 legislature on implementation of elections by mail. L 2019, c 136, §59.
§11-101 Elections eligible to be conducted by mail.
Beginning with the 2020 primary election, all elections shall be conducted by mail in accordance with this title. A voter in an election conducted by mail shall not be precluded from voting by absentee ballot under chapter 15 or 15D, if the voter complies with the applicable requirements. [L 2019, c 136, pt of §2; am L 2021, c 213, §17]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-102 Procedures for conducting elections by mail.

§11-102
Procedures for conducting elections by mail.
(a) Ballot packages for elections by mail shall include:
(1) An official ballot;
(2) A return identification envelope with postage prepaid;
(3) A secrecy envelope or secrecy sleeve; and
(4) Instructions.
(b) To the extent practicable, the clerk shall mail a ballot package by non-forwardable mail to each registered voter in the county so as to enable voters to receive the ballot package at least eighteen days before the election; provided that the State and counties shall not be liable if the ballot package is received fewer than eighteen days before the election. The clerk shall continue mailing ballot packages to voters who register to vote no later than ten days before the date of the election and to voters who update their voter registration address no later than seven days before the date of the election and who have not yet voted; provided that the clerk may continue mailing ballot packages beyond the deadlines established by this subsection if the clerk determines that there is reasonable time for a voter to receive and submit the ballot package before the election. In determining the initial mailing date of the ballot packages, the clerk shall consider the mailing place of origin and the most recent postal service delivery standards. The clerk shall not mail a ballot package to any voter in the county register who is identified as having an outdated or non-deliverable mailing address. Nothing in this part shall be construed to change the responsibilities of the clerk or chief election officer under chapter 15 with respect to voters requesting to vote by absentee ballot or chapter 15D with respect to uniform military and overseas voters.
(c) The exterior of the envelope containing the ballot package shall include instructions on how to obtain language translation services in Hawaiian and, at a minimum, the five most utilized foreign languages by limited English proficient persons in the State.
(d) The clerks shall determine and provide for voter service centers and places of deposit pursuant to this part and section 11-92.1. [L 2019, c 136, pt of §2; am L 2021, c 213, §18; am L 2022, c 166, §2]
Note
The 2022 amendment applies to all elections beginning with the 2024 primary election. L 2022, c 166, §5.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-104 Ballot instructions; ballot return.

§11-104 Ballot instructions; ballot return.
(a) After a voter receives a ballot package, the voter shall comply with the instructions included in the ballot package in order to cast a valid vote. The instructions shall include directions for:
(1) Marking the ballot;
(2) Inserting the marked ballot in the secrecy envelope or secrecy sleeve;
(3) Inserting the secrecy envelope or secrecy sleeve with the marked ballot in the return identification envelope; and
(4) Signing the affirmation on the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot. The affirmation shall consist of a statement to be subscribed to by the voter that affirms the fact that the voter is the person voting and that the voter's employer or agent of the employer, agent of the voter's labor union, or any candidate listed on the ballot did not assist the voter, as described in section 11-139, along with the instruction that the voter's ballot will be valid only if the affirmation statement is signed.
(b) The instructions shall include information on election fraud and voter fraud, as provided in sections 19-3(5) and 19-3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.
(c) To cast a valid ballot, the voter shall return the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner:
(1) So that the return identification envelope is received by the clerk or the clerk's designee no later than the closing hour of voting; provided that anyone who is standing in line at the closing hour of voting with the intent of returning a ballot shall be permitted to do so;
(2) To any place of deposit no later than the closing hour of voting; provided that anyone who is standing in line at a place of deposit at the closing hour of voting with the intent of returning a ballot shall be permitted to do so; or
(3) To any voter service center no later than the closing hour of voting; provided that anyone who is standing in line at a voter service center at the closing hour of voting with the intent of returning a ballot shall be permitted to do so.
(d) Once a voter has returned a return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot, that voter's ballot shall be deemed cast and may not be recast in the election. [L 2019, c 136, pt of §2; am L 2021, c 213, §19]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-105 Replacement ballots.

§11-105 Replacement ballots.
(a) A voter may obtain a replacement ballot if the ballot was destroyed, spoiled, or lost by contacting the clerk. The chief election officer may prescribe a replacement ballot application form that shall include information that allows the clerk to verify the registration of the voter and ensure that another ballot has not been returned by the voter.
(b) Upon receipt of a completed replacement ballot application form or request, the clerk shall:
(1) Verify the registration of the voter and ensure that another ballot has not been returned by the voter;
(2) Record that the voter has requested a replacement ballot;
(3) Mark the return identification envelope as containing a replacement ballot; and
(4) Issue the replacement ballot package by mail or make the ballot package available for pick-up by the voter.
(c) Voters who obtain a replacement ballot shall return the return identification envelope containing the marked replacement ballot in the same manner as provided in section 11-104(c). [L 2019, c 136, pt of §2; am L 2021, c 213, §20]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-106 Deficient return identification envelopes.

§11-106 Deficient return identification envelopes.
If:
(1) A return identification envelope is returned with an unsigned affirmation;
(2) The affirmation signature does not match a reference signature image; or
(3) A return identification envelope contains another condition that would not allow the counting of the ballot,
the clerk shall make an attempt to notify the voter by first class mail, telephone, or electronic mail to inform the voter of the procedure to correct the deficiency. The voter shall have five business days after the date of the election to cure the deficiency. The chief election officer may adopt rules regarding requirements and procedures for correcting deficient return identification envelopes. The counting of ballots and disclosure of subsequent election results may continue during the time period permitted to cure a deficiency under this section. The clerk's inability to contact voters under this section shall not be grounds for a contest for cause under section 11-172. This section shall apply to all return identification envelopes, including ballots utilizing the provisions of section 11-107 or chapter 15 or 15D. [L 2019, c 136, pt of §2; am L 2021, c 213, §21]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-107 Electronic transmission under certain circumstances.

§11-107 Electronic transmission under certain circumstances.
(a) If a ballot package is not received by a voter by the fifth day before the date of the election or a voter otherwise requires a replacement ballot within five days of an election, the voter may request that a ballot be forwarded by electronic transmission. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit the appropriate ballot, voting information, and a waiver of the right to secrecy under section 11-137. The waiver of the right to secrecy shall not be required if the voted ballot is returned in a signed ballot return identification envelope issued to the voter pursuant to section 11-102.
(b) The voter may return the completed replacement ballot and executed forms:
(1) By electronic transmission so that the completed replacement ballot and executed forms are received by the clerk or the clerk's designee no later than the closing hour of voting; or
(2) In the same manner as provided in section 11-104(c).
(c) A voter with special needs may request that a ballot be forwarded by electronic transmission at any time, but no earlier than the date that the voter's initial ballot package was or would have been transmitted. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit the appropriate ballot, voting information, and a means of electronic authentication that does not include the voter's hand written signature or a waiver of secrecy. The voter with special needs may return the completed ballot and executed forms by any of the methods specified in subsection (b); provided that the voter's hand written signature or a waiver of secrecy shall not be required.
(d) Upon receipt, the clerk shall verify compliance with the requirements of this part; provided that if the voter returns multiple voted ballots for the same election, the clerk shall prepare only the first ballot returned that is not spoiled.
(e) The clerk may maintain a listing of voters with special needs that utilize a ballot forwarded by electronic transmission to facilitate the provision of voting services in subsequent elections. [L 2019, c 136, pt of §2; am L 2021, c 213, §22]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-108 Counting of mail-in ballots; validity; ballots included in recounts; certification of final tabulation.

§11-108 Counting of mail-in ballots; validity; ballots included in recounts; certification of final tabulation.
(a) Ballot processing for tabulation may begin no sooner than the eighteenth day before the election. In the presence of official observers, counting center employees may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after the closing hour of voting or after the last person in line at a voter service center desiring to vote at the closing hour of voting has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be conducted in accordance with procedures established by the chief election officer.
(b) The initial tabulation of ballots shall be completed no later than 6:00 a.m. on the day following an election day.
(c) Any ballot the validity of which cannot be established upon receipt shall be retained by the clerk and shall not be commingled with ballots for which validity has been established until the validity of the ballot in question can be verified by the clerk. No ballot shall be included in an initial tabulation until the clerk has determined its validity. The clerk shall make reasonable efforts to determine the validity of ballots within five business days following an election day. No ballot shall be validated beyond the fifth business day following an election."
(d) Any initial recount provided by law shall include only ballots verified for the purpose of the initial tabulation. In no event shall a recount of an initial tabulation include ballots the validity of which could not be verified by 6:00 a.m. on the day following an election day.
(e) No election result shall be certified pursuant to section 11-155 unless all ballots verified as valid by the clerk within five business days following an election day have been added to the final tabulation. Recount of a final tabulation shall be as provided by law. [L 2019, c 136, pt of §2; am L 2021, c 213, §23; am L 2023, c 7, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-108.5 Validity of cast mail-in ballot where voter later becomes ineligible. The mail-in ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote, including by death of the voter, after casting the ballot. For the purposes of this section, "cast" means that the voter has: (1) Returned the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner permitted pursuant to section 11-104(c); or (2) Completed voting in person at a voter service center. [L 2023, c 113, §2]

§11-108.5
Validity of cast mail-in ballot where voter later becomes ineligible.
The mail-in ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote, including by death of the voter, after casting the ballot. For the purposes of this section, "cast" means that the voter has:
(1) Returned the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner permitted pursuant to section 11-104(c); or
(2) Completed voting in person at a voter service center. [L 2023, c 113, §2]