reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-31 Office of Hawaiian affairs projects and loan programs to be self-supporting.

§10-31 Office of Hawaiian affairs projects and loan programs to be self-supporting.
The board shall impose and collect rates, rents, fees, and charges for the use or enjoyment and services of the facilities of each office project or for each loan program, as applicable, and shall revise such rates, rents, fees, and charges, whenever necessary, or direct all or any portion of the revenues of the office, so that in the aggregate, the revenues of the office project or the loan program, and the revenues of the office shall produce revenue at least sufficient to:
(1) Pay the cost of maintenance of the office project or projects or administering the loan program or programs, including reserves therefor;
(2) Pay when due all bonds and interest thereon, for the payment of which the revenue is or has been pledged, charged, or otherwise encumbered, including reserves therefor;
(3) Reimburse the general fund of the State for any bond requirements on general obligation bonds issued for an office project or projects or for a loan program or programs to the extent required by law; and
(4) Carry out all covenants and provisions of the resolution or resolutions authorizing the issuance of revenue bonds.
Neither this section nor any other section of this part shall preclude the making of appropriations to the board, the acceptance of gifts by the board, or the use of revenues of the office or other funds derived from the sale of stocks, bonds, or other assets in the possession of the board to pay all or part of the costs of construction, of maintenance, or both, of any or all office projects or the administration of any loan program.
All moneys received pursuant to this section shall be administered as trust funds, as provided by this chapter, and in separate accounts designated for each office project or loan program. [L 1994, c 283, pt of §2(2); am L 2009, c 146, §9; am L 2013, c 171, §11]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-32 Office of Hawaiian affairs projects, loan programs, and bonds exempt from taxation.

§10-32 Office of Hawaiian affairs projects, loan programs, and bonds exempt from taxation.
The property and revenue of any office project or loan program shall be exempt from all state, county, and municipal taxation and assessments. Revenue bonds issued under this part, and all income therefrom shall be exempt from all state, county, and municipal taxation except inheritance, transfer, and estate taxes. [L 1994, c 283, pt of §2(2); am L 2013, c 171, §12]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-33 Powers herein, additional to other powers.

§10-33 Powers herein, additional to other powers.
The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other general, special, or local law. Insofar as this part is inconsistent with any other general, special, or local law this part shall be controlling. [L 1994, c 283, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-34 Funding and refunding bonds; authorization and purpose.

§10-34 Funding and refunding bonds; authorization and purpose.
The board, without further authorization from the legislature, may provide for the issuance of revenue bonds (herein referred to as refunding bonds) for the purpose of refunding, redeeming, or retiring at or at any time before maturity or at any time before the first date upon which the outstanding bonds to be refunded may be called for redemption, any bonds issued under this part, including any bonds which the holders may consent to be paid or refunded even though the bonds are not matured or are not callable or redeemable, and for the purpose of funding indebtedness not evidenced by revenue bonds but which was incurred for purposes for which revenue bonds may be issued pursuant to this part. The rate or rates of interest borne by the refunding bonds shall not be affected or limited by the rate or rates of interest borne by the bonds to be refunded or the indebtedness to be funded. All provisions of this part applicable to the issuance of revenue bonds shall be complied with in the issuance of refunding bonds. Refunding bonds shall be sold as provided in section 10-25, or the board may, in its discretion, provide for the exchange of refunding bonds for a like principal amount of outstanding bonds for the refunding of which the issuance of such refunding bonds has been authorized, whether or not the interest rate on the refunding bonds is higher than the interest rate on the bonds refunded thereby. [L 1994, c 283, pt of §2(2); am L 2013, c 171, §13]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-35 Funding and refunding bonds; principal amount.

§10-35 Funding and refunding bonds; principal amount.
Refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds or indebtedness to be funded or refunded thereby, and for the payment of all expenses paid or incurred in connection with the calling, redeeming, retiring, or paying of such indebtedness or outstanding bonds, and the issuance of such refunding bonds. The expenses may include the amount necessary for the payment of interest upon the indebtedness to be funded or the bonds to be refunded to the maturity or redemption date thereof, the amount necessary for the payment of interest upon the refunding bonds from the date of delivery thereof to the date upon which the principal of the outstanding bonds to be refunded will be paid whether at maturity or pursuant to a call for redemption thereof, or pursuant to agreement with the holders thereof, plus in any case the amount of the premium, if any, required to be paid in order to call or retire the bonds to be required. [L 1994, c 283, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-36 Limitation of authority.

§10-36 Limitation of authority.
Notwithstanding any other provision to the contrary, nothing in this part shall be construed to authorize the board to incur any indebtedness contrary to Article VII, sections 12 and 13, of the Constitution of the State or to incur any indebtedness which would not qualify for exclusion from the total indebtedness of the State under section 13(2), Article VII.
[L 1994, c 283, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-41 Training; applicability.

§10-41 Training; applicability.
(a) The training required by this part shall apply to members of the land use commission, board of land and natural resources, commission on water resource management, environmental advisory council, board of directors of the agribusiness development corporation, board of agriculture, legacy land conservation commission, natural area reserves system commission, and Hawaii historic places review board.
(b) Members of any state council, board, or commission, and any officer, representative, or employee of the State or counties not subject to the training required in subsection (a) may request to enroll in the training course administered by the office of Hawaiian affairs pursuant to section 10-42. [L 2015, c 169, pt of §2; am L 2019, c 210, §2; am L 2021, c 152, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-42 Training relating to native Hawaiian and Hawaiian traditional and customary rights, natural resources and access rights, and the public trust.

§10-42 Training relating to native Hawaiian and Hawaiian traditional and customary rights, natural resources and access rights, and the public trust.
(a) All council, board, and commission members identified in section 10-41(a) shall complete the training course administered by the office of Hawaiian affairs pursuant to this section within twelve months of the date of the member's initial appointment.
(b) The office of Hawaiian affairs, at its own expense, shall establish, design, and administer a training course relating to native Hawaiian and Hawaiian traditional and customary rights, native Hawaiian and Hawaiian natural resource protection and access rights, and the public trust, including the State's trust responsibility. The training course shall include:
(1) Historical information, explanations, and discussions of key state laws, state constitutional provisions, and court rulings that reaffirm and provide for the protection of native Hawaiian and Hawaiian rights; and
(2) A discussion of the importance of public trust resources and various programs to native Hawaiian and Hawaiian rights.
(c) The office of Hawaiian affairs, at its own expense, shall develop the methods and prepare any materials necessary to implement the training course, administer the training course, and notify each council, board, and commission identified in section 10-41(a) that attendance in a training course is mandatory.
(d) The office of Hawaiian affairs shall offer the training course at least twice per year.
(e) The governor shall provide to the office of Hawaiian affairs the names of persons required to take the training course pursuant to this part within thirty calendar days of their initial appointment by the governor. [L 2015, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10H. Native Hawaiian Recognition › 10H-2 Purpose

§10H-2 Purpose
. The purpose of this chapter is to provide for and to implement the recognition of the Native Hawaiian people by means and methods that will facilitate their self-governance, including the establishment of, or the amendment to, programs, entities, and other matters pursuant to law that relate, or affect ownership, possession, or use of lands by the Native Hawaiian people, and by further promoting their culture, heritage, entitlements, health, education, and welfare. [L 2011, c 195, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10H. Native Hawaiian Recognition › 10H-4 Notice of qualified Native Hawaiian roll.

§10H-4 Notice of qualified Native Hawaiian roll.
(a) The commission shall publish notice of the certification of the qualified Native Hawaiian roll, update the roll as necessary, and publish notice of the updated roll of qualified Native Hawaiians; provided that the commission shall not publish or release any verification documents of any qualified Native Hawaiian on the roll.
(b) The publication of the initial and updated rolls shall serve as the basis for the eligibility of qualified Native Hawaiians whose names are listed on the rolls to participate in the organization of the Native Hawaiian governing entity. [L 2011, c 195, pt of §2; am L 2012, c 84, §2]
Case Notes
In 42 U.S.C. §1983 action brought by native Hawaiians and Hawaii residents of non-Hawaiian ancestry challenging statutory restrictions on registering for a "roll" of qualified native Hawaiians as violative of their First Amendment and equal protection rights, the public interest would not be served by a preliminary injunction to halt nonprofit corporation's private election of native Hawaiian delegates to a convention of native Hawaiians to discuss, and possibly organize, native Hawaiian governing entity. Plaintiffs were not likely to be deprived of any constitutional rights, and granting injunction would potentially affect approximately 100,000 people on nonprofit corporation's voter list who may want to participate in the process of self-determination. 141 F. Supp. 3d 1106 (2015).
While plaintiffs claimed that their inclusion on a roll of native Hawaiians through the Office of Hawaiian Affairs (OHA) registry violated their First Amendment right against compelled speech or right not to register to vote and sought preliminary injunctions to halt nonprofit corporation's private election of native Hawaiian delegates to convention of native Hawaiians to discuss, and possibly organize, native Hawaiian governing entity, OHA did not require affirmations of sovereignty or civic connection to native Hawaiian community. Thus, being on the roll did not compel statement as to sovereignty, and plaintiffs could have removed their names from the roll. 141 F. Supp. 3d 1106 (2015).
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10H. Native Hawaiian Recognition › 10H-6 Dissolution of the Native Hawaiian roll commission.

§10H-6 Dissolution of the Native Hawaiian roll commission.
The governor shall dissolve the Native Hawaiian roll commission upon being informed by the Native Hawaiian roll commission that it has published notice of any updated roll of qualified Native Hawaiians, as provided in section 10H-4, and thereby completed its work. [L 2011, c 195, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10H. Native Hawaiian Recognition › 10H-7 No diminishment of rights or privileges.

§10H-7 No diminishment of rights or privileges.
Nothing contained in this chapter shall diminish, alter, or amend any existing rights or privileges enjoyed by the Native Hawaiian people that are not inconsistent with this chapter. [L 2011, c 195, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10H. Native Hawaiian Recognition › 10H-8 Reaffirmation of delegation of federal authority; governmental authority and power; negotiations.

§10H-8 Reaffirmation of delegation of federal authority; governmental authority and power; negotiations.
(a) The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled "An Act to Provide for the Admission of the State of Hawaii into the Union", approved March 18, 1959 (Public Law 86-3), is reaffirmed.
(b) Consistent with the policies of the State of Hawaii, the members of the qualified Native Hawaiian roll, and their descendants, shall be acknowledged by the State of Hawaii as the indigenous, aboriginal, maoli population of Hawaii. [L 2011, c 195, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-1.5 Office of elections established.

§11-1.5 Office of elections established.
(a) There is established an office of elections to provide support to the chief election officer. The office shall be placed within the department of accounting and general services for administrative purposes. The chief election officer shall be the administrator of the office of elections. Except for exercising the right to vote, the full-time employees of the office of elections shall not support, advocate, or aid in the election or defeat of any candidate for public office.
(b) The office of elections shall provide staff support to the elections commission, as requested by the elections commission. [L Sp 1995, c 27, pt of §2, §15; am L 1999, c 141, § §3, 5; am L 2003, c 117, §2; am L 2004, c 57, §8]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-1.55 Exemptions.

§11-1.55 Exemptions.
The office of elections shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the office of elections without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.
The office of elections shall follow all applicable personnel laws. [L 2004, c 57, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-1.6 Appointment of the chief election officer; requirements; term; restrictions; salary; reappointment; removal.

§11-1.6 Appointment of the chief election officer; requirements; term; restrictions; salary; reappointment; removal.
(a) The chief election officer shall be appointed by the elections commission, without regard to chapter 76. The appointment shall not be subject to the advice and consent of the senate. In the event of a vacancy, the elections commission shall meet expeditiously to select and appoint a new chief election officer to serve the remainder of the unexpired term.
(b) The person appointed to be chief election officer shall be a citizen of the United States, a resident of the State, and a registered voter of the State.
(c) The chief election officer shall serve for a term of four years. The term shall begin on February 1 following the appointment.
(d) The chief election officer shall devote full time to the duties of the office and shall hold no other public office during the individual's term of office. Except for exercising the right to vote, the individual shall not support, advocate, or aid in the election or defeat of any candidate for public office. The chief election officer shall refrain from financial and business dealings that tend to reflect adversely on the individual's impartiality, interfere with the proper performance of election duties, or exploit the individual's position. Subject to the requirements above, the individual may hold and manage investments, including real estate, and engage in other remunerative activity, but shall not serve as an officer, director, manager, advisor, or employee of any business.
(e) The chief election officer shall be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development.
(f) The chief election officer may petition the elections commission for reappointment. The elections commission may reappoint an incumbent chief election officer based on the performance of the chief election officer. The elections commission may authorize the chief election officer to hold office until a successor is appointed.
(g) The chief election officer is an at-will employee. The elections commission shall provide written notification of any removal and state the reason for the removal. [L Sp 1995, c 27, pt of §2, §15; am L 1999, c 141, § §3, 6; am L 2000, c 253, §150; am L 2002, c 16, §1; am L 2003, c 117, §1; am L 2004, c 57, §9; am L 2005, c 226, §2; am L 2015, c 173, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-2 Chief election officer; duties.

§11-2 Chief election officer; duties.
(a) The chief election officer shall supervise all state elections. The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county or to other specified persons.
(b) The chief election officer shall be responsible for the maximization of registration of eligible electors throughout the State. In maximizing registration, the chief election officer shall make an effort to equalize registration between districts, with particular effort in those districts in which the chief election officer determines registration is lower than desirable. The chief election officer, in carrying out this function, may make surveys, carry on house-to-house canvassing, and assist or direct the clerk in any other area of registration.
(c) The chief election officer shall maintain data concerning registered voters, elections, apportionment, and districting. The chief election officer shall use this data to assist the reapportionment commission provided for under Article IV of the Constitution.
(d) The chief election officer shall be responsible for public education with respect to voter registration and information.
(e) The chief election officer shall adopt rules governing elections in accordance with chapter 91. [L 1970, c 26, pt of §2; am L 1979, c 51, §5; gen ch 1985; am L 1990, c 116, §2; am L Sp 1995, c 27, § §4, 15; am L 1996, c 173, § §2, 3, 8; am L 1997, c 2, §17; am L 1999, c 141, §3; am L 2003, c 8, §2]
Cross References
Reapportionment commission, see chapter 25.
Law Journals and Reviews
A History of Recent Reapportionment in Hawaii. 22 HBJ 171.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-2.8 Publication of election notices.

§11-2.8 Publication of election notices.
Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever an election officer is required to issue a public notice in a statewide or county publication, the publication requirement shall be deemed satisfied upon the submission of the notice to the publication; provided that the notice is also conspicuously posted on the website associated with the election officer. The inadvertent failure of a publication to publish a notice in a timely manner shall not invalidate any legal consequences or actions associated with the notice. [L 2018, c 62, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-3 Application of chapter.

§
11-3 Application of chapter.
This chapter shall apply to all elections, primary, special primary, general, special general, special, or county, held in the State, under all voting systems used within the State, so far as applicable and not inconsistent herewith. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(b)]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-4 Rules.

§11-4 Rules.
The chief election officer may make, amend, and repeal rules governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar matters relating thereto as in the chief election officer's judgment shall be necessary to carry out this title.
In making, amending, and repealing rules for voters who cannot vote in person or receive or return ballots by mail, and all other voters, the chief election officer shall provide for voting by these persons in a manner that ensures secrecy of the ballot and precludes tampering with the ballots of these voters and other election frauds. The rules, when adopted in conformity with chapter 91 and upon approval by the governor, shall have the force and effect of law. [L 1970, c 26, pt of §2; gen ch 1985; am L 2019, c 136, §5]
Case Notes
Election officer not authorized to promulgate rule prohibiting poll watchers from recording the names of those who have voted. 54 H. 254, 506 P.2d 13.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-5 Employees.

§11-5 Employees.
(a) Pursuant to section 11-1.55, the chief election officer may employ a staff with or without regard to chapter 76 at the discretion of the chief election officer, and without regard to chapter 89 and section 28-8.3. The office of elections staff may:
(1) Supervise state elections;
(2) Maximize registration of eligible voters throughout the State;
(3) Maintain data concerning registered voters, elections, apportionment, and districting; and
(4) Perform other duties as prescribed by law.
The chief election officer or county clerk may employ precinct officials and other election employees as the chief election officer or county clerk may find necessary, none of whom shall be subject to chapters 76 and 89.
(b) Notwithstanding chapters 103 and 103D, the chief election officer may contract with community organizations, school booster clubs, and nonprofit organizations for the provision and compensation of precinct officials and other election related personnel, services, and activities; provided that to be eligible to enter into a contract, the organization or club shall have received a tax clearance certificate from the department of taxation and shall not be a political action committee or organized for a political purpose. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(c); am L 1977, c 199, §2; gen ch 1985; am L 1995, c 71, §1; am L Sp 1995, c 27, § §5, 15; am L 1999, c 141, §3; am L 2000, c 253, §150; am L 2004, c 57, §3; am L 2005, c 201, §1 and c 202, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-6 Petitions; withdrawal of signatures.

§11-6 Petitions; withdrawal of signatures.
Wherever in this chapter the signatures of registered voters are required on a petition, any voter who, after signing a petition, seeks to withdraw the voter's signature may do so by providing notice in writing to the chief election officer any time before the filing of the petition. The notice shall include the voter's name, residence address, the month and date portions of the voter's date of birth, the voter's signature, and a statement that the voter wishes to remove the voter's signature from the petition; provided that the written notice shall not require the voter's social security number or any portion thereof and the year portion of the voter's date of birth. Upon receipt of that notice containing the information required by this section, the chief election officer shall notify the group or individual to whom the petition was issued and the signature of the individual shall not be counted. [L 1993, c 304, §1; am L 2022, c 164, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-7 Elections commission.

§11-7 Elections commission.
(a)
There is established an elections commission within the department of accounting and general services for administrative purposes. The elections commission shall consist of nine members who shall be selected as follows:
(1) The president of the senate shall select two elections commission members;
(2) The speaker of the house of representatives shall select two elections commission members;
(3) The senators belonging to a party or parties different from the president of the senate shall designate one senator to select two elections commission members;
(4) The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate one representative to select two elections commission members; and
(5) One member, who shall serve as chairperson of the elections commission, shall be selected by the members of the elections commission selected pursuant to paragraphs (1) to (4);
provided that each group of four elections commission members selected by each house shall include one elections commission member from each of the four counties.
(b) The chairperson of the elections commission under subsection (a)(5) shall be selected by a two-thirds vote.
(c) A vacancy in the elections commission shall be filled in the same manner as the original appointment as specified in subsection (a) within fifteen days. A vacancy in the elections commission shall be filled with a person from the same county as the departing elections commission member. Elections commission member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.
(d) The elections commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.
(e) Notwithstanding section 26-34, elections commission member appointments shall not be subject to senatorial confirmation.
(f) The term of the elections commissioners shall be four years, except that with respect to the terms of the initial elections commission members, one member selected from each of subsection (a)(1) to (4) shall serve for a term of two years.
(g) The elections commissioners shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties. [L 2004, c 57, pt of §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-7.5 Duties of the elections commission.

§11-7.5 Duties of the elections commission.
The duties of the elections commission are to:
(1) Hold public hearings;
(2) Investigate and hold hearings for receiving evidence of any violations and complaints;
(3) Adopt rules pursuant to chapter 91;
(4) Employ, without regard to chapter 76, a full-time chief election officer, pursuant to section 11-1.6;
(5) Conduct a performance evaluation of the chief election officer within two months after the date a general election is certified;
(6) Hold a public hearing on the performance of the chief election officer and consider the information gathered at the hearing in deliberations on the chief election officer's reappointment; and
(7) Advise the chief election officer on matters relating to elections. [L 2004, c 57, pt of §6; am L 2015, c 173, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-8 Elections commission; political activities.

§11-8 Elections commission; political activities.
(a) No elections commission member shall take an active part in political management or in political campaigns.
(b) Each elections commission member shall retain the right to:
(1) Register and vote as the elections commission member chooses in any election;
(2) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(3) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;
(4) Make a financial contribution to a political party or organization;
(5) Serve as an election judge or clerk or in a similar position to perform nonpartisan election duties, as prescribed by law; and
(6) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the elections commission member's efficiency or integrity as an elections commission member or the neutrality, efficiency, or integrity of the elections commission.
(c) An elections commission member may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics or this section. [L 2004, c 57, pt of §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-8.5 Elections review program.

§11-8.5 Elections review program.
The elections commission shall develop and implement an elections review program to:
(1) Review the operation and performance of elections;
(2) Make recommendations to the chief election officer on methods to improve elections;
(3) Establish policies for the administration of an elections observer program, to include ensuring the validity and reliability of election results;
(4) Conduct a biennial evaluation of the operation of elections;
(5) Submit the findings and recommendations from the biennial evaluation to the legislature, not less than twenty days prior to the convening of each regular session held in odd-numbered years; and
(6) Adopt rules in accordance with chapter 91 to carry out the purposes of this section. [L 2004, c 57, pt of §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-9 Exemptions.

§11-9 Exemptions.
The elections commission shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the elections commission without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.
The elections commission shall follow all applicable personnel laws. [L 2004, c 57, pt of §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-10 Candidates for public office; public service announcements; public funds.

§11-10 Candidates for public office; public service announcements; public funds.
(a) No person who is a candidate for public office shall appear in, or lend the person's name, image, or voice to, any public service announcement or any advertisement that is produced on behalf of any state-administered program or paid for with state, county or federal revenues, from the time the candidate files nomination papers until the day after the day of:
(1) The primary election, in the case of a candidate in a primary election who fails to be nominated to stand in a general election; or
(2) The general election, in the case of a candidate who is nominated in a primary election and seeks election in a general election.
(b) A candidate who holds public office shall be exempt from the prohibition specified in subsection (a) if the announcement or advertisement is in anticipation of or in response to a disaster or state or national emergency; provided that the announcement or advertisement is reasonably necessary for an official function of the candidate.
(c) This section shall not be construed to prohibit a candidate from appearing in a broadcast of official state, county, or federal proceedings. [L 2007, c 54, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-10.5 Statewide elections accessibility needs advisory committee.

§11-10.5 Statewide elections accessibility needs advisory committee.
(a) There is established a statewide elections accessibility needs advisory committee within the office of elections for administrative purposes. The purpose of the advisory committee is to ensure equal and independent access to voter registration, casting of ballots, and all other office of elections services.
(b) The advisory committee shall consist of five members appointed by the governor based on recommendations from organizations within the State that are comprised of a majority of officers and members who are persons with disabilities including visual impairment. Each member shall identify as a voter with accessibility needs arising from disabilities including visual and hearing impairments that require an accommodation to vote. The terms of advisory committee members shall be four years; provided that initial terms shall be one, two, three, or four years to ensure staggered rotation of members.
(c) The advisory committee shall meet at least annually to review election procedures, services, and technology and access to information, and shall make recommendations to the office of elections on at least an annual basis. The advisory committee may meet and subsequently make recommendations at additional times as determined by a majority of the members. [L 2021, c 213, pt of §2; am L 2023, c 14, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-10.6 County elections accessibility needs advisory committees.

§11-10.6 County elections accessibility needs advisory committees.
(a) Each county shall establish a county elections accessibility needs advisory committee. The purpose of the advisory committee shall be to ensure equal and independent access to voter registration, casting of ballots, and all other county elections division services.
(b) Each advisory committee shall consist of five members appointed by the mayor of each respective county based on recommendations from organizations within the county that are comprised of a majority of officers and members who are persons with disabilities including visual impairment. Each member shall identify as a voter with accessibility needs arising from disabilities including visual and hearing impairments which require an accommodation to vote. The terms of advisory committee members shall be four years; provided that initial terms shall be one, two, three, or four years to ensure staggered rotation of members.
(c) Each advisory committee shall meet at least annually to review election procedures, services, and technology and access to information, and shall make recommendations to the office of elections on at least an annual basis. The advisory committees may meet and subsequently make recommendations at additional times as determined by a majority of the members. [L 2021, c 213, pt of §2; am L 2023, c 14, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-11 Registration.

§11-11 Registration.
A person who registers as required by law shall be entitled to vote at any election provided that the person shall have attained the age of eighteen at the time of that election. The county clerk shall be responsible for voter registration in the respective counties and the keeping of the general register and precinct lists within the county. [L 1970, c 26, pt of §2; am L 1976, c 106, §1(1); gen ch 1985]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-12 Age; place of registering.

§11-12 Age; place of registering.
(a) Every person who has reached the age of eighteen years or who is seventeen years of age and will be eighteen years of age by the date of the next election, and is otherwise qualified to register may do so for that election. The person shall then be listed upon the appropriate county general register and precinct list. No person shall register or vote in any other precinct than that in which the person resides except as provided in section 11-21.
(b) A person who is otherwise qualified to register and is at least sixteen years of age but will not be eighteen years of age by the date of the next election may preregister upon satisfactory proof of age and shall be automatically registered upon reaching age eighteen. [L 1970, c 26, pt of §2; am L 1972, c 77, §1; am L 1973, c 217, §1(d); am L 1976, c 106, §1(2); am L 1980, c 264, §1(b); gen ch 1985; am L 1993, c 24, §1]
Case Notes
Cited: 133 H. 229 (App.), 325 P.3d 641 (2014).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-14 General county register; restrictions in use.

§11-14 General county register; restrictions in use.
(a) The clerk of each county shall register all the voters in the clerk's county in the general county register. The register shall contain the name and address of each voter unless the voter's address is deemed confidential pursuant to section 11-14.5. Additional information required by section 11-15 may be included in the register at the discretion of the clerk. The general county register shall be available for election or government purposes only in accordance with section 11-97.
(b) The affidavits filed under section 11-15 and the general county register may be copied, and the clerk may release voter lists or data; provided that information furnished in the affidavits shall be copied or released for election or government purposes only in accordance with section 11-97.
(c) Voter registration information that is collected and maintained by the clerk of each county may be transmitted to a central file for the purpose of correlating registration data to prevent or detect duplicate voter registrations and for the compilation of election reports.
(d) Unless authorized under section 11-97, it shall be unlawful for any person to use, print, publish, or distribute any voter registration information acquired directly or indirectly from the voter registration affidavits or any list prepared therefrom. Any person who is designated by the clerk to register voters and collect voter registration affidavits shall be advised of the provisions of this subsection. Any person who violates this subsection shall be guilty of a misdemeanor. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(e); am L 1976, c 106, §1(3); am L 1977, c 189, §1(2); am L 1979, c 139, §2; am L 1982, c 226, §2; gen ch 1985; am L 1990, c 156, §5; am L 1998, c 23, §1; am L 2005, c 201, §2; am L 2012, c 225, §2]
Cross References
Government records, see chapter 92F.
Records open to inspection, see §11-97.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-14.5 Residence address; confidentiality.

§11-14.5 Residence address; confidentiality.
(a) If a life threatening circumstance exists to:
(1) A law enforcement person;
(2) The law enforcement person's family; or
(3) Persons otherwise determined by the clerk of the county in which the person is registered,
that person may apply to the county clerk in writing to keep confidential the information relating to the residence address and telephone number contained in the affidavit of registration of that person, or any list or register prepared therefrom.
(b) If the disclosure of the residence address or telephone number of a person would result in an unwarranted invasion of personal privacy or expose the person or a member of the person's family to risk of bodily harm, the person may apply to the chief election officer or county clerk to keep confidential the person's residence address and telephone number contained in the person's affidavit of registration, or any list or register prepared therefrom.
(c) Upon good cause shown, the clerk shall determine whether to grant confidentiality in accordance with rules established by the chief election officer, and that decision shall be final.
(d) If the voter registration of a person covered by this section is challenged, the clerk shall release the residence address of that person to the challenger pursuant to rules established by the chief election officer. If an appeal is taken relating to the challenge, the residence address shall also be released to the appropriate appellate body. [L 1990, c 156, §2; am L 1997, c 157, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-15.3 Application to register electronically.

§11-15.3 Application to register electronically.
(a) Notwithstanding any law to the contrary, the clerk of each county may permit a person who has valid government-issued identification that is capable of electronic confirmation to submit an application to register to vote electronically in lieu of a traditional signed application by mail or in person.
(b) The electronic application to register to vote shall be substantially similar in content to the application to register pursuant to section 11-15, and shall require the applicant to provide substantially similar information.
(c) The applicant's use of the electronic application to register shall constitute consent for election officials to obtain confirmatory information regarding the applicant from government databases associated with government-issued identification, including the applicant's signature.
(d) The applicant's signature obtained from the government database may be utilized by election officials to validate and confirm a voter's identity in any election-related matter in which a signature is necessary.
(e) The online application system may require additional information from applicants, such as security questions to authenticate any future voter registration transactions by the applicant. [L 2012, c 225, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-15.5 Duties of all state agencies; voter registration.

§11-15.5 Duties of all state agencies; voter registration.
Each state agency that deals with the public shall make available to each member of the public eighteen years of age or older an application in the form of an affidavit for voter registration pursuant to section 11-15. The application shall be available by mail or in person depending on the manner in which the agency's services are requested by the person. The form of the application may be identical to that described and found in public telephone directories. [L 1993, c 100, §1]
Cross References
Election services, provisions, and charges, see §16-3.
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-16 Application when not made in person.

§11-16 Application when not made in person.
(a) Any qualified person unable for any cause to appear in person before the clerk for registration may register to vote by mail, not later than thirty days prior to a primary or general election, through the affidavit on application for voter registration or other form prescribed by the chief election officer. The form shall include a self-subscribing oath for the applicant to swear to the truth of the allegations in the application. An applicant unable to write for reason of illiteracy, blindness, or other physical disability shall have the applicant's mark witnessed by a person who shall sign the affidavit in the space provided. Each application form shall also include a space to request a permanent absentee ballot. Application forms shall be made available to any qualified person through community groups, political parties, and other groups prescribed by the chief election officer. Application forms shall be made available to any qualified person at the time of that person's driver's license application or renewal through the examiner of drivers.
(b) Upon receipt of the properly executed application, the clerk shall proceed to number the same and register the name of the voter in the general county register as provided in section 11-15. In registering persons under this section the clerk may accept requests for absentee ballot submitted in accordance with the Federal Voting Assistance Act of 1955 or other similar federal law as being sufficient for registration purposes. [L 1970, c 26, pt of §2; gen ch 1985; am L 1990, c 45, §4; am L 2011, c 142, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-17 Removal of names from register, when; reregistration.

§11-17 Removal of names from register, when; reregistration.
(a) The clerk, after every general election, shall remove the names of registered voters who were identified as having an outdated or undeliverable address who did not vote in all elections held during the two previous federal election cycles with the exception of anyone who preregistered pursuant to section 11-12(b). For this purpose, "vote" means the depositing of the ballot in the ballot box regardless of whether the ballot is blank or later rejected for any reason. In the case of voting machines, "vote" means the voter has activated the proper mechanism and fed the ballot into the machine. In the case of an election by mail pursuant to part VIIA, "vote" means the voter has returned the ballot to the chief election officer or clerk by the United States Postal Service, by personal delivery of the ballot to a place of deposit or voter service center, or by electronic transmission under certain circumstances pursuant to part VIIA.
(b) Before removal as noted in subsection (a), the clerk shall identify registered voter names from a postal database containing outdated or undeliverable addresses or by mailing a notice or other correspondence, properly addressed, and receiving a postal notation that the notice or other correspondence was not deliverable.
(c) Upon identification of names of registered voters as prescribed in subsection (b), the clerk shall conduct any notification mailings as required by applicable federal law.
(d) The clerk may also remove the name of any registered voter, if the voter so desires and properly notifies the clerk pursuant to the procedures established by the chief election officer.
(e) Any person whose name has been removed from the register may have that person's name restored in the register by presenting oneself to the clerk and reregistering pursuant to section 11-15, or by making application by mail or otherwise pursuant to procedures established by the clerk. The clerk shall require satisfactory evidence to establish the identity of the applicant. The names of all those persons shall be reentered in the register. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(g); am L 1975, c 36, §1(3); am L 1976, c 106, §1(5); am L 1981, c 195, §2; am L 1982, c 226, §1; am L 1983, c 124, §1; am L 1987, c 273, §1; am L 1990, c 45, §5 and c 134, §2; am L 1993, c 24, §2; am L 1994, c 119, §1; am L 2019, c 136, §7; am L 2021, c 213, §7]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-18 Transfer of registration on removal from one precinct to another in same county.

§11-18 Transfer of registration on removal from one precinct to another in same county.
A registered voter who changes residence from one precinct to another prior to any election shall notify the clerk and change the registration to the proper precinct by the appropriate registration deadline; provided that no change of registration shall be allowed if the change of residence occurs after the close of registration for an election except pursuant to section 11-21(c). The change of registration due to a change of residence may be challenged as provided in section 11-25. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(h); am L 1985, c 203, §1; am L 1987, c 273, §2; am L 1992, c 129, §1]