Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 14 - RETURN IDENTIFICATION ENVELOPE PROCEDURES › Section 3-177-652 - Return identification envelopes; signature validation

Current through June, 2024
(a) The clerk will initially compare the
				  signature on a return identification envelope with the reference signature or
				  reference signatures of the voter. The clerk may authorize the use of a
				  signature device, as defined in HAR § 3-177-653, to compare signatures. A
				  signature considered matched by a signature device will be considered valid and
				  not require further verification.
(b) A "reference signature" is any signature
				  provided in connection with the administration of elections or any signature
				  provided to election officials from a governmental entity obtained in the
				  ordinary course of business (e.g. voter signatures on any election issued form
				  or- application, correspondence with election officials, signature capture
				  cards sent to and returned by voters, signatures from the Department of
				  Transportation or county licensing examiners, or signatures from any
				  governmental entity shared with election officials).
(c) Any signature not initially validated by
				  the signature device or that was not submitted to a signature device will be
				  visually compared by the election official.
(1) As a return identification envelope was
				  issued and transmitted to the voter, the return of the: return identification
				  envelope or electronic equivalent will be rebuttably presumed to be from the
				  voter and any signature contained therein as that of the voter;
(2) A voter is permitted to use a variation
				  of their name, to the extent it can be recognized as such by the reviewing
				  election official;
(3) The election
				  official will review the general appearance of. the signatures taking into
				  account the above noted rebuttable presumption, permitted name variations, and
				  the following:
(A) type of writing (e.g.
				  cursive versus print);
(B) speed of
				  writing (e.g. harmonious versus slow and deliberate);
(C) overall spacing;
(D) overall size and proportions;
(E) position of the signature (e.g. slanted
				  versus straight); and
(F) spelling
				  and punctuation.
(4) The
				  election official will consider whether any apparent differences can be
				  reasonably explained, by the facts and circumstances surrounding the
				  signatures. The election official may consider, but not be limited to, the
				  following considerations:
(A) When the
				  signatures were made incomparison to each (e.g. a significant period of time
				  has transpired between signatures);
(B) The age of the writer at the time of the
				  signatures;
(C) How the signatures
				  were made (e.g. driver license offices may use an electronic signature pad to
				  record signatures, including those used for voter registration, while an
				  envelope may be signed in ink); or
(D) Whether household members signed and
				  returned each other's return identification envelope by accident, in which
				  case, if the signatures match each of the correct voter's signature reference
				  image and the voters have not otherwise voted, such that the counting of the
				  impacted ballots would not result in a voter having voted a ballot not
				  associated with their residence or containing questions or contests they are
				  not eligible to vote on the impacted return identification envelopes may be
				  considered valid.