reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-600 - Ballot packages; contents; eligibility

Current through June, 2024
(a) Unless the
				  context indicates otherwise, a ballot package is used by any voter in an
				  election by mail, unless the voter votes in-person at a voter service center by
				  using a voting device (e.g. a voter directly using a voting system such as a
				  direct recording electronic device or a marksense ballot counter).
(b) A ballot package, unless it is
				  transmitted electronically, consists of the following:
(1) An official ballot;
(2) A return identification envelope with
				  postage prepaid;
(3) A secrecy
				  envelope or secrecy sleeve;
(4) The
				  instructions provided for in HRS §
											11-104;
				  and
(5) 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 HRS §
											11-139, along
				  with the instruction that the voter's ballot will be valid only if the
				  affirmation statement is signed. The statement may appear on the return
				  identification envelope or separately, depending on the means of transmission
				  utilized or authorized by the clerk.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-601 - Ballot packages; timing of transmittal, generally

Current through June, 2024
(a)
				  To the extent practicable, the clerk shall mail a ballot package by
				  non-forwardable mail to each registered voter in the county to enable voters to
				  receive the ballot package approximately eighteen days before the
				  election.
(b) In determining the
				  initial mailing date of the ballot package, the clerk shall consider the
				  mailing place of origin and the most recent postal service delivery standards.
				  Public notice of the date or dates on which the initial ballot packages are to
				  be mailed shall be given by the clerks before the ballot packages, are made
				  available to voters.
(c) The clerk
				  shall continue mailing ballot packages to voters who. update their voter
				  registration address no later than fourteen days before the date of the
				  election. However, the clerk may continue to mail ballots to those who have
				  updated their voter registration address after the fourteenth day, if the clerk
				  believes there is sufficient time for the voter to return the ballot by the
				  applicable deadline.
(d) The clerk
				  shall not mail a ballot package to any voter in the county register who is an
				  inactive voter or to a voter' otherwise having an outdated or non-deliverable
				  mailing address.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-602 - Ballot packages; timing of transmittal, military and overseas voter requests

Current through June, 2024
(a) Notwithstanding
				  any law to the contrary, to the extent a valid military-overseas ballot
				  application is made, pursuant to HRS §
										15D-7,
				  and the request is received no later than forty-five days before the election
				  or, if the forty-fifth day before the election is a weekend or holiday, no
				  later than the business day preceding the forty-fifth day, the clerk shall
				  transmit a ballot package by that date.
(b) A covered voter who requests that a
				  ballot and balloting materials be sent to the voter by electronic transmission
				  may choose facsimile transmission or electronic mail delivery, or, if offered
				  by the voter's county, internet delivery.
(c) The clerk in each jurisdiction charged
				  with distributing a ballot and balloting materials shall transmit the ballot
				  and balloting materials to the voter using the means of transmission chosen by
				  the voter.
(d) If a ballot
				  application from a covered voter arrives after the county begins transmitting
				  ballots and balloting materials to voters, the official charged with
				  distributing ballots and balloting materials shall transmit them to the voter
				  no later than two business days or as soon as allowable after the application,
				  arrives.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-603 - Ballot packages; timing of transmittal, absentee requests

Current through June, 2024
(a) Notwithstanding any law to the contrary,
				  as it relates to ballot packages requested pursuant to HRS §
										15-4,
				  any request received by the seventh day prior to an election seeking the
				  mailing of a ballot package shall be processed and the ballot package mailed to
				  the voter. Requests received on the last day specified in HRS §
										15-4
				  will result in a ballot package being mailed no later than twenty-four hours
				  after receipt.
(b) The clerk may
				  continue to mail ballots to those whose requests have been received after the
				  seventh day prior to an election, if the clerk believes there is sufficient
				  time for the voter to return the ballot by the applicable deadline.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-604 - Ballot packages; timing of transmittal, replacement requests to be transmitted by mail

Current through June, 2024
(a) Notwithstanding any law to the contrary,
				  as it relates to replacement ballot package requested pursuant to HRS §
										11-105, any
				  request received by the seventh day prior to an election seeking the mailing of
				  a ballot package shall be processed and the ballot package mailed to the voter.
				  Requests received on the last day specified in HRS §
										15-4
				  will result in a ballot package being mailed no later than twenty-four hours
				  after receipt.
(b) The clerk may
				  continue to mail ballots to those whose requests have been received after the
				  seventh day prior to an election, if the clerk believes there is sufficient
				  time for the voter to return the ballot by the applicable deadline.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-605 - Ballot packages; timing of transmittal, in-person pick up

Current through June, 2024
Notwithstanding any law to the contrary, a voter may
					 request that the clerk make the ballot package available for pick up by them or
					 through an intermediary other than the voter's employer or agent of the
					 employer, agent of the voter's labor union, or any candidate listed on the
					 ballot. However, the clerk may limit the processing of such requests to no
					 earlier than the fifth day prior to an election. Additionally, the clerk will
					 determine where the ballot package will be made available for pickup. A single
					 location may be determined by the clerk for such purposes (e.g. the issuance of
					 ballot packages may not occur at a voter service center but instead at a
					 location determined by the clerk).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-606 - Ballot packages; timing of transmittal, replacement requests to be transmitted by electronic transmission

Current through June, 2024
(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; provided that a voter with special needs may request that a
				  ballot be forwarded by electronic transmission at any time.
(b) "Voter with special needs" for purpose of
				  this rule includes an individual with a disability. The term "disability"
				  refers to a physical or mental impairment that substantially limits one or more
				  major life activities of an individual. "Major life activities" include caring
				  for one's self, walking, seeing, hearing, speaking, breathing, working,
				  performing manual tasks, and learning. A "voter with special needs" may also
				  include any voter that the clerk determines would otherwise not be able to
				  return their ballot by the day of the election, if the ballot were to be
				  transmitted at its originally scheduled time (e.g. a voter who will be
				  traveling to a place without timely mail service who requests that they be
				  mailed their ballot prior to their trip, so they can vote before they
				  leave).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 13 - BALLOT PACKAGE PROCEDURES › Section 3-177-607 - Ballot packages; replacement and absentee requests, form

Current through June, 2024
(a) To the extent a voter requires a ballot
				  package beyond the one initially authorized by HRS §
										11-102
				  to be mailed to them, an application may be required.
(b) Election officials may use different
				  applications for different situations and the applications shall be in a form
				  prescribed and approved by the chief election officer or clerk.
(c) The applications may include information
				  to permit the verification of the identity of the applicant, such, as
				  applicant's name, date of. birth, and one of the following:
(1) Hawaii State Driver License
				  Number;
(2) Hawaii State
				  Identification Number; or
(3) Last
				  Four Digits of the Social Security Number.
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 3-177-650 - Return and receipt of return identification envelopes; manner, location, and time of receipt

Current through June, 2024
(a) Return
				  identification envelopes maybe returned in person or by mail. To the extent a
				  ballot package was electronically transmitted to a voter, the voter will also
				  have the option of returning the electronic equivalent, of the return
				  identification envelope by electronic transmission. In such a situation, the
				  voter will be required to return at a minimum the ballot or ballot summary,
				  depending on the type-of electronic ballot system used, the waiver of secrecy
				  under HRS §
										11-137,
				  and applicable affirmation statement. The waiver may be combined with the
				  affirmation statement.
(b) Any
				  statutory reference to the return of ballots or return identification envelopes
				  by mail shall not be interpreted to preclude- those items being delivered
				  in-person by a voter or their agent.
(c) Any statutory reference to the receipt of
				  ballots or return identification envelopes by the "clerk" or "office of the
				  clerk" shall be interpreted consistently to reflect that appropriate receipt
				  shall have occurred if the clerk, their staff, or others delegated authority by
				  the clerk take custody of return identification envelopes from anyone at any
				  location, including the U.S. Postal Service post office, no later than the
				  applicable deadline provided for in statute.
(d) The following constitutes a
				  non-exhaustive list of locations where identification envelopes (i.e. ballots)
				  may be received:
(1) Voter Service
				  Centers;
(2) Places of
				  Deposit;
(3) Any location
				  designated by the clerk for the receipt of return identification envelopes
				  (e.g. the clerk may have locations that cannot support a voter service center,
				  but could still reasonably accommodate the receipt of return identification
				  envelopes, so long as they are received than the applicable deadline provided
				  for in statute); or
(4) Any
				  location where the clerk, their staff, or others delegated authority by the
				  clerk take custody of return identification envelopes (e.g. the clerk may make
				  arrangements to pick up return identification envelopes at a U.S. Postal
				  Service post office, so long as they are received by the applicable deadline
				  provided for in statute).
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 3-177-651 - Return identification envelopes; general preparing of ballots for counting

Current through June, 2024
(a) Upon receipt of
				  the return identification envelope, the clerk may prepare the ballots for
				  counting. Before opening return identification envelopes and counting the
				  ballots, the return identification envelopes shall be checked for the
				  following:
(1) Signature on the affirmation,
				  statement;
(2) Whether the
				  signature corresponds with a reference signature image using the provisions of
				  HAR § 3-177-652; and
(3)
				  Whether there is a condition that would not allow the counting of the contents
				  of the return identification envelope (e.g. the. voter has already voted, or
				  otherwise returned a return identification envelope that has been
				  validated).
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 3-177-653 - Return identification envelopes; signature device

Current through June, 2024
(a)
				  A "signature device" refers to a device that either captures images or uses
				  imported images which it analyzes and compares to existing signature reference
				  images. A signature device can be incorporated into any automated ballot
				  sorting system or similar system or it may be a stand-alone device.
(b) The clerk may conduct audits relating to
				  the signature device and may discontinue the use of the device at any time
				  without regard to the results of any auditing.
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 3-177-654 - Return identification envelopes; notification and correction of deficiencies

Current through June, 2024
(a) Any return
				  identification envelope initially identified as invalid will be considered a
				  deficient return identification envelope for purposes of HRS §
										11-106,
				  if the voter has not already voted. 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
				  counting of ballots and disclosure of subsequent election results may continue
				  during the time period permitted to cure a deficiency. The clerk's inability to
				  contact voters shall not be grounds for a contest for cause under HRS §
										11-172.
(b) A deficient return identification
				  envelope may be corrected and treated as valid in any manner that satisfies the
				  clerk due to one of the following:
(1) the
				  signatory to the return identification envelope is the voter who was assigned
				  the return identification envelope; or
(2) the basis of the deficiency has been
				  properly addressed and removed.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-700 - Voting system requirements

Current through June, 2024
(a) In addition to,
				  and not in lieu of, any other election processes contained in Title 2 of the
				  Hawaii Revised. Statutes, the chief election officer, or the clerk in the case
				  of a county only election, may use a voting system or voting systems that
				  comply with one, or a combination of the following:
(1) The federal voting system standards as
				  printed in the Federal Election Commission publication: Performance and Test
				  Standards for Punchcard, Marksense, and Direct Recording Electronic Voting
				  Systems (1990);
(2) The federal
				  voting system standards as printed in. the Federal Election Commission
				  publication: Voting System Standards, Volumes I & II (April
				  2002);
(3) The federal voluntary
				  voting system guidelines as printed in the United States Election Assistance
				  Commission publication: 2005 Voluntary Voting System Guidelines Version 1.0,
				  Volumes I & II (2005), and subsequently published in the Federal Register,
				  Vol. 71, No. 70 (April 12, 2006);
(4) The Voluntary Voting System Guidelines
				  1.1 adopted by the United States Election Assistance Commission on. March 31,
				  2015;
(5) Any subsequent iteration
				  of the Voluntary Voting System Guidelines adopted by the United States Election
				  Assistance Commission, its designee, or as provided for in the Help America
				  Vote Act of 2002, as amended; or
(6) Any federal guidelines, manuals, forms,
				  policies, or opinions issued by the United States Election Assistance
				  Commission.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-701 - Approval of all voting equipment, materials, and procedures

Current through June, 2024
The chief election officer or designated representative
					 shall approve all necessary forms, supplies, and procedures used in the
					 operation of any voting system.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-702 - County elections; assistance

Current through June, 2024
In county elections, the clerk may request the assistance
					 of the chief election officer and staff in administering and using the voting
					 system.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-703 - Elections services; provision and charges

Current through June, 2024
The chief election officer may provide election related
					 services and equipment to government and private non-profit organizations to
					 assist with the conduct of elections or surveys subject to the following
					 conditions:
(1) A request is made on a
				  form provided by the chief election officer;
(2) The provision of such election services
				  or equipment does not interfere with the preparation for, or conducting of any
				  primary, special primary, general, special general election, or special
				  election;
(3) The services or
				  equipment are not used in connection with any activity or message intended to
				  influence the outcome of any contest or question in any primary, special
				  primary, general, special general election, or special election;
(4) The requesting party directly assumes all
				  costs associated with the conduct of the election or survey other than those
				  associated with the personnel and equipment of the chief election officer;
				  and
(5) The requesting party agrees
				  to reimburse the chief election officer for an amount not to exceed the actual
				  costs associated with, the personnel and equipment used, provided that this
				  requirement may be waived in writing by the chief election officer for
				  government' offices or agencies.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-704 - Testing the vote counting system; electronic voting systems

Current through June, 2024
(a) Prior to election day the vote counting
				  system prepared for counting and tabulating the votes shall be tested in the
				  presence of the following persons:
(1) The
				  chief election officer, clerk, or designated representative;
(2) Official observers; and
(3) Other authorized interested persons, as
				  space permits.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-705 - Experimental voting systems; rules and procedures

Current through June, 2024
In an election where the chief election officer experiments
					 with voting systems of a different kind, all rules which can be reasonably
					 applied to that system shall be followed. Temporary procedures shall be used as
					 required for the experimental voting systems only. Nothing herein is to be used
					 to diminish, take away or otherwise impair the rights of the voter.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-706 - Electronic voting systems; generally

Current through June, 2024
An "electronic voting system" means any method of
					 recording, counting, and tabulating votes via automatic tabulating equipment.
					 For purposes of these rules, an electronic voting system includes, but is not
					 limited to, the "marksense ballot voting system" and the "direct recording
					 electronic voting system." To the extent an electronic voting system is not a
					 "marksense ballot voting system" or a "direct recording electronic voting
					 system," all rules associated with those systems which can be reasonably
					 applied to the new system shall be. followed. Temporary procedures shall be
					 used as required if the rules associated with the "marksense ballot voting
					 system" or a "direct recording electronic voting system" cannot be reasonably
					 applied to the new system and followed. Nothing herein is to be used to
					 diminish, take away or otherwise impair the rights of the
					 voter.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 15 - VOTING SYSTEMS › Section 3-177-707 - Electronic voting systems; marksense voting system

Current through June, 2024
A "marksense voting system" means an automatic tabulation
					 system using ballots and optical scanning or similar technology equipment. The
					 voter manually records votes by marking the appropriate voting- position on the
					 ballot, with a prescribed' marking device, in the manner instructed by. the
					 chief election officer. The marks on the ballots are subsequently read by the
					 optical scan or similar, technology device, in conformance with the
					 specifications of the voting system selected by the chief election officer. As
					 used in these rules, a "marksense voting system" is considered to be a
					 "mechanical tabulation system," which may be used in any context requiring or
					 permitting the use of a mechanical tabulation system. A "mechanical tabulation
					 system" means an automatic tabulation system, including a marksense ballot
					 voting system.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-750 - Electronic voting systems; documentation of overages and underages; records

Current through June, 2024
The voted ballots shall be kept secure and handled only in
					 the presence of representatives not of the same political party or official
					 observers. If there are more ballots than documented usage indicates, this
					 shall be an overage and if fewer ballots, it shall be an underage. Any overages
					 or underages in any district shall be documented. The list of any such overages
					 or underages shall be filed and kept as a public record in the office of the
					 chief election officer or the clerk in county elections. After all ballots have
					 been tabulated, they shall be sealed in containers.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-751 - Electronic voting systems; centralized and decentralized counting

Current through June, 2024
(a) Centralized counting involves the receipt
				  of ballots which are counted at a counting center designated by the chief
				  election officer,
(b) Decentralized
				  counting involves ballots which are counted at the voter service center by the
				  voting device or voting devices associated with the voter service center,
				  including marksense voting devices, direct recording electronic voting devices,
				  or similar technology,
(c) A
				  "counting center" means the facilities and surrounding premises designated by
				  the chief election officer or the clerk where ballots or other electronic
				  voting system votes are processed, counted, and tabulated.
(d) The chief election officer may use
				  centralized counting, decentralized counting, or a combination
				  thereof.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-752 - Electronic voting systems; marksense voting system; disposition of marks

Current through June, 2024
(a) As noted in HAR § 3-177-454, the
				  voter, shall properly mark the ballot in the manner and color of ink, softness
				  of pencil graphite, or other manner as described by the instructions prescribed
				  by the-chief election officer.
(b)
				  A mark made in the manner indicated in subsection (a) shall be considered a
				  "proper mark" and counted by a properly functioning voting system as a
				  vote.
(c) A mark made, outside of
				  the voting position, will be considered an "improper mark" and will not be
				  counted by a properly functioning voting system as a vote.
(d) A "marginal mark" involves a mark in the
				  voting position area in which the voter may have used an improper marking
				  device or did not completely fill in the voting position area as instructed. As
				  indicated by its name, such marks are marginal. The disposition of a marginal
				  mark as to whether it will be counted as a vote will be based on whether a
				  properly functioning voting system has read the mark as a vote. A marginal mark
				  will be read by the voting system as a vote under two circumstances:
(1) The vote counting system has been tested
				  pursuant to HAR § 3-177-7.04 and it has determined that the mark has met
				  the threshold of the system for a vote; or
(2) The voting system in using an algorithm
				  or similar process to eliminate false overvotes caused by pen rests, dirt, or
				  other small marks on the ballot, determines that the mark is in fact a vote.
(A) The use of such an algorithm will be
				  determined, by the chief election officer prior to the election and the
				  official observers will be able to test the vote counting system to ensure it
				  is working properly; and
(B) The
				  chief election officer may authorize such an algorithm to be used in
				  conjunction with the processing of ballots at the counting center or at a voter
				  service center. However, the chief election officer may elect to only authorize
				  it in certain settings. For example, situations in which the voter does not
				  have the benefit of an in-person voting system to inform them of a possible
				  voting error on the ballot that they could address before the ballot is
				  cast.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-753 - Electronic voting systems, transmission, receipt, and tabulation of votes

Current through June, 2024
(a) The transmission or receipt of vote data,
				  including but not limited to votes, vote tabulation, or similar information
				  shall be permitted between locations authorized by the chief election officer
				  or clerk in the case of county elections. Election results, accumulated from
				  said transmissions, may be distributed to the general public while awaiting
				  receipt of the ballots, vote data storage media, or other materials associated
				  with the transmissions and the completion of any procedures intended to verify
				  the proper transmission and accumulation of data.
(b) "Vote data storage media" is the means of
				  storing vote data such as a PCMCIA card or other device that may be secured in
				  the voting equipment or any part of the overall voting system.
(c) The following requirements shall be
				  employed when transmitting election data electronically:
(1) The voting system shall be self-contained
				  and not connected to any network infrastructure that is not under the direct
				  control of the office of elections or the clerk in the case of county
				  elections;
(2) The transmission and
				  accumulation of election results shall be subject to a testing and-verification
				  prior to the election;
(3) The
				  electronic transmission of official-election vote data, shall occur via virtual
				  private network or other secured network. Where possible and to the extent that
				  the voting system design permits, data transfers between system components
				  should incorporate the use of digital signatures or encryption to authenticate
				  the data for the particular election.
(4) Accumulated election results shall be
				  considered uncertified unless it can be independently verified prior to
				  transmission and following receipt and until certified by the chief election
				  officer. Independent verification may be accomplished via manual inspection of
				  election results prior to and following electronic transmission or by employing
				  the use of a cryptographic hashing algorithm on randomly selected data files
				  prior to and after transmission.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-754 - Electronic voting systems; marksense ballot voting system results

Current through June, 2024
Uncertified results from a marksense ballot voting system
					 may be distributed to the general public, while awaiting the completion of any
					 audit under HAR § 3-177-762, and any other procedures required by law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-755 - Electronic voting systems; direct recording electronic voting system results

Current through June, 2024
The chief election officer, clerk, or designees may
					 distribute electronic tallies created directly from a direct recording
					 electronic voting device, while the requirements of HRS §
										16-42(b)
					 are being met. In the event the chief election officer, clerk, or designee
					 determines that the electronic tallies from a direct recording electronic
					 voting device are not reliable, the chief election officer, clerk, or designee
					 shall promptly notify the official observers and count the voter verifiable
					 paper audit trails by hand or a mechanical tabulation system.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-756 - Electronic voting systems; inspection, audit, and experimental testing

Current through June, 2024
Prior to election day, the chief election officer, county
					 clerk, or designees shall test the electronic voting system. If, as a result of
					 the initial testing, the chief election officer determines additional
					 inspection, auditing or testing is required, the chief election officer shall
					 notify the official observers so that they can witness the additional
					 inspection, auditing or retesting needed to ensure that the voting system is
					 working properly. If, after election day, the post-election, pre-certification
					 audit indicates misreporting within the system, the chief election officer
					 shall notify the official observers so that they can witness the additional
					 inspection, auditing or retesting performed to ascertain the nature of the
					 problem.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-757 - Electronic voting system; counting center procedures

Current through June, 2024
(a)
				  The handling of ballots, vote data storage media, and voter verifiable paper
				  audit trails shall occur only in the presence of representatives who are not of
				  the same political party or official observers, except in cases where technical
				  knowledge and skill is required when authorized by the chief election officer,
				  clerk, or designated representative.
(b) The official observers shall observe the
				  processes within the counting center and shall report any changes or deviations
				  from the rules or procedures to the chief election officer, clerk in county
				  elections, or designated representative. The observers shall also participate
				  in all certifications that may be required by the chief election officer,
				  clerk, or designated representative.
(c) No person shall be permitted into the
				  counting center-without the authorization of the chief election officer, clerk
				  in county elections, or designated representative.
(d) There shall be no printout by the
				  computer or other disclosure of the number, of votes- cast for a candidate or
				  on a ballot question prior to the closing of the polls as specified in HRS
				  §
										11-131.
(e) If a system becomes inoperative, the
				  chief election officer, clerk, or designated representatives shall evaluate and
				  determine the extent of the malfunction. Provisions for backup procedures shall
				  be available and may be put into effect. All tests and operational procedures
				  stated in these rules shall apply to any standby equipment used.
(f) After all ballots are counted, the
				  election database and vote data storage media, test ballots and results, the
				  election results, and the voted ballots shall be sealed in containers or
				  cabinets.
(g) Subsequent audits may
				  be conducted by the chief election officer, clerk, or designated representative
				  in accordance with established procedures.
(h) A written record shall be maintained of
				  each opening and sealing of these storage containers or cabinets. The record
				  shall include all of the following:
(1) Date
				  and time;
(2) Name of each person
				  requesting opening and reasons for opening;
(3) Seal numbers; and
(4) Signatures of two or more
				  witnesses-attesting to the opening and closing of these containers or cabinets
				  and certifying that ballots were handled in their presence at all
				  times.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-758 - Electronic voting system centralized counting; receipt at counting center

Current through June, 2024
Counting center officials shall receive and sign for the
					 containers from the voter service centers and the valid return envelopes for
					 processing. The containers shall be unsealed and opened in accordance with
					 established procedures and in the presence of not less than two representatives
					 who are not Of the same political party or official
					 observers.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-759 - Electronic voting system counting; duplication procedure

Current through June, 2024
(a)
				  Counting center officials shall record and reconcile the number of defective
				  ballots before and after the ballot is duplicated.
(b) Counting center officials, in the
				  presence of representatives who are not of the same political party or official
				  observers, shall prepare a duplicate ballot to replace each, defective ballot.
				  To the extent a defective ballot is the result of the wrong ballot type having
				  been used for a particular district, counting center officials shall ensure
				  that all votes, cast in contests for which the voters in that district are
				  entitled to vote are properly duplicated onto the duplicate ballot associated
				  with the correct ballot type, for counting. All of the votes in contests for
				  which the voters in that district, are not entitled to vote will not be counted
				  and as such will not be duplicated onto a duplicate ballot. Unvoted ballots for
				  duplication and voting devices shall be authorized in the counting center for
				  this purpose.
(c) Counting center
				  officials shall prepare a reconciliation of the number of duplicated ballots
				  used to replace the defective ballots. The defective ballots shall be invalid
				  and stored in accordance with subsection (f).
(d) Duplicated ballots shall be returned to
				  the appropriate originating counting center officials for final
				  verification.
(e) All valid ballots
				  shall be read and counted by the vote counting system. If, during the scanning
				  of the ballots additional defective, ballots are rejected, the defective
				  ballots shall be processed in accordance with subsections (a) through
				  (d).
(f) After the duplicated
				  ballots are counted, the. counted ballots and the invalid ballots shall be
				  logged and sealed. The ballots shall be stored in containers or cabinets which
				  shall be sealed. The storage of the ballots and sealing of the cabinets shall
				  be done in the presence of not less than two representatives who are not of the
				  same political party or official observers.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-760 - Electronic voting system decentralized counting; receipt at counting center

Current through June, 2024
(a) Counting center
				  officials shall receive and sign for the sealed containers of voted ballots
				  that have already been counted by the precinct counters, sealed containers, of
				  voted ballots that have not been counted by the precinct counters if any, and
				  any other sealed container from each voter service center.
(b) Counting center officials shall track and
				  log sealed containers of ballots, voter verifiable paper audit trails, vote
				  data storage media, and other election related materials, such as zero reports,
				  as they are processed at the counting center and received from the voter
				  service centers in the presence of not less than two representatives not of the
				  same political party or official observers.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-761 - Electronic voting system; handling of vote data storage media

Current through June, 2024
Election officials shall process the vote data storage
					 media as follows:
(1) Receipt of vote
				  data storage media and zero reports shall be logged; and
(2) The vote data storage media is readied
				  for processing:
(A) The location or voting
				  equipment that the vote data storage media came from shall be logged;
				  and
(B) Any identifying
				  information, such as a serial number, associated with the vote data storage
				  media shall be logged.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-762 - Electronic voting system; auditing

Current through June, 2024
(a) The chief
				  election officer or the clerk shall conduct an audit of a random sample of not
				  less than ten per cent of the precincts employing the electronic voting system,
				  to verify that the electronic tallies generated by the system in those
				  precincts equal hand tallies of the paper ballots generated by the system in
				  those precincts.
(1) The manual audit may be
				  conducted by election officials or by counting center officials;
(2) Except for designated election officials,
				  counting center officials, or official, observers, no person shall be permitted
				  to witness the audit without the authorization of the chief election officer,
				  clerk, or designated representative. The area in which, the audit is conducted
				  shall be kept secure;
(3) Observers
				  may request to conduct a manual audit;
(4) Whenever ballots are removed from
				  storage, the handling of the ballots shall be witnessed by not less than two
				  representatives who. are riot of the same political party or official
				  observers;
(5) Election officials
				  and. counting center-officials shall certify the conduct of and results of the
				  manual audit; and
(6) The manual
				  audit shall not be considered a recount pursuant to the election contest
				  provisions of the law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-764 - Challenged voter's ballot; disposition, of at counting center

Current through June, 2024
(a) As it relates to a challenged voter's
				  ballot, it will only be counted if the clerk informs the counting center
				  manager that the resolution of the challenge is for the challenged voter's
				  ballot to be counted. The resolution of the challenge may occur through the
				  expiration of the deadline to appeal a decision of the board of registration
				  saying the ballot should be counted, the waiving of any right of appeal prior
				  to the deadline, or a ruling by. the intermediate court of appeals to count the
				  ballot.
(b) If the challenged
				  voter's ballot is to be counted, counting center officials shall prepare the
				  ballot for processing. The ballot shall be counted using procedures established
				  by the chief election officer. In all cases, the secrecy of the ballot must be
				  preserved. If the secrecy of the ballot cannot be preserved, the challenged
				  ballot shall not be processed except to break a tie vote, as ordered by the
				  appellate court. It shall be disposed of as provided by law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-765 - Election results; certification of

Current through June, 2024
The chief election officer or clerk, as the case may
					 require, shall prepare a certified statement of the results of votes cast for
					 the election.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-766 - Certificate of election and certificate of results, form

Current through June, 2024
(a)
				  The chief election officer or clerk shall deliver certificates of election to
				  the persons elected as determined under HRS §
										11-155.
				  The chief election officer or clerk in county elections shall issue
				  certificates of results where a question has been voted upon.
(b) Certificates of election shall be
				  delivered only after the:
(1) Filing of
				  reports in accordance with HRS §§
											11-331
				  and
				  11-333;
				  and
(2) Payment of any fine
				  assessed by the campaign spending commission, by the person elected in
				  accordance with Part XIII of Chapter
				  11, Hawaii Revised Statutes and after
				  the expiration of time for bringing an election contest.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-767 - Processing of voted ballots at the counting center; return identification envelopes; centralized counting

Current through June, 2024
(a) Valid return
				  identification envelopes, including validated mail ballot packages returned by
				  electronic transmission, shall be transported to the counting center or
				  designated location in secured containers in accordance with procedures
				  established by the chief election officer.
(b) Opening and processing of valid-return
				  envelopes for tabulation may begin no sooner-than the tenth day before the
				  election. In the presence of official observers, counting center officials 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 7:00 p.m. on the date of the election or after the last person in
				  line at a voter service center desiring to vote at 7:00 p.m. on the date of the
				  election has voted, as provided in HRS §
										11-131,
				  whichever is later.
(c) Valid
				  return identification envelopes shall be opened and processed in accordance
				  with procedures established by the chief election officer.
(d) Upon opening the return identification
				  envelopes, counting center officials shall indicate that a ballot is invalid
				  for the following reasons:
(1) More than one
				  secret ballot envelope or secret ballot sleeve containing a ballot;
(2) Secret ballot envelopes or secret ballot
				  sleeves containing more than one ballot, provided that in an election which
				  requires more than one ballot card or sheet, ballots constituting a paired
				  ballot shall be valid (i.e. if an election contains more candidates and/or
				  ballot questions that can fit on one ballot card);
(3) The ballot returned is defective and
				  cannot be duplicated;
(4) The
				  ballot returned is for the wrong election; or
(5) No ballot has actually been returned in
				  the secret ballot envelope or secret ballot sleeve.