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 5 - VOTER CHALLENGES AND APPEALS › Section 3-177-205 - Challenge to confidential registration; special procedure

Current through June, 2024
(a)
				  A challenge to the voter registration of a person who has been granted
				  confidential registration pursuant to HAR § 3-177-159, shall be treated-as
				  follows:
(1) The clerk shall immediately
				  notify the person being challenged that a challenge to the person's voter
				  registration has been filed, including the charges set forth in the challenge
				  and the challenger's name;
(2) The
				  clerk shall investigate the challenge and if the clerk determines' that the
				  challenge is not frivolous, the clerk shall notify the person that the person's
				  voter registration form may be released, unless a specific law prohibits its:
				  release;
(3) If the person wishes
				  to Contest the challenge, the voter registration form may be released for
				  inspection by the challenger, except if the voter being challenged has
				  submitted a current and valid address confidentiality program authorization
				  card to an election official, as provided for in HRS §
											801G-9,
				  in which case it will not be released. The challenge, and appeal, if any, shall
				  be conducted in accordance with this chapter; and
(4) If the person wishes to withdraw said
				  person's voter registration, the voter registration form shall not be released,
				  and said person shall not be allowed to vote. The challenger shall be notified
				  that said person has not contested the challenge and that said person shall not
				  be allowed to vote.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 5 - VOTER CHALLENGES AND APPEALS › Section 3-177-206 - Correction of errors; appeal to the board of registration from clerk's ruling

Current through June, 2024
A person claiming to be aggrieved by the refusal of the
					 clerk to correct the person's registration information in those instances set
					 forth, in HRS §
										11-22,
					 may appeal to the board either in writing pursuant to HAR § 3-177-202 or
					 at a voter service center pursuant to HAR § 3-177-204.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 5 - VOTER CHALLENGES AND APPEALS › Section 3-177-207 - Challenged ballot; electronic

Current through June, 2024
To the extent a voter service center uses an electronic
					 voting system that generates a voter verifiable paper audit trail, election
					 officials may require the challenged voter to use the electronic voting system,
					 so long as the votes of the voter may ultimately not be counted toward any
					 ballot contests or questions, depending on the results of any appeal. For
					 example, if the system permits the creation of a provisional access code to the
					 system, a receipt with the provisional access code may be placed in the secret
					 ballot envelope, so as to permit election officials to ensure those votes
					 ultimately are counted or not counted in accordance with the results of any
					 appeal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 6 - ACCESS TO GOVERNMENT RECORDS › Section 3-177-250 - Access to election documents; general procedures

Current through June, 2024
(a)
				  Access to government records shall be provided in accordance with chapter
				  92F, Hawaii Revised Statutes, and the
				  rules adopted under that chapter, unless public inspection of said records is
				  prohibited by state or federal law; provided that the legal counsel for the
				  chief election officer may determine which records may be exempted from public
				  inspection when the records pertain to the preparation, of the prosecution or
				  defense of any action or proceeding to which the chief election officer is or
				  may be a party or to maintain the attorney-client and attorney work product
				  privileges.
(b) Copying of
				  government records maintained by the office of elections is governed by section
				  92-21,
				  Hawaii Revised Statutes, unless otherwise provided by law. Copies shall be
				  provided upon the furnishing of the payment of the reasonable cost of
				  reproducing such copies, including costs for searching and segregating the
				  records.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 7 - PRESIDENTIAL PETITIONS › Section 3-177-300 - Presidential petitions; issuing

Current through June, 2024
(a) Any group
				  wishing to petition to place the names of prospective candidates for president
				  and vice president on the State's, general election ballots, pursuant to HRS
				  §
										11-113,
				  shall submit a notarized statement of intent from the presidential and vice
				  presidential candidates to the chief election officer before receiving the
				  petition forms. The statement of each candidate shall be substantially in the
				  following form:
(1) I,
				  _______________________________________ (name of candidate), hereby declare
				  that I intend to be a candidate for __________________________________________
				  (president or vice president) of the United States on the _______ (year)
				  general election ballot in the State of Hawaii; and
(2) Shall be subscribed and sworn or affirmed
				  to before a notary public.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 7 - PRESIDENTIAL PETITIONS › Section 3-177-301 - Presidential petitions; withdrawal of signatures

Current through June, 2024
(a) Any
				  voter who signed a presidential petition pursuant to HRS §
										11-113, may
				  withdraw the voter's signature by submitting a written notice to the chief
				  election officer any time prior to the filing of the petition. Written notice
				  shall include:
(1) Name of voter;
(2) Residence address;
(3) Date of birth;
(4) Signature;
(5) Name of the presidential petition;
				  and
(6) A statement that the voter
				  wishes to remove the voter's signature from the petition.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 7 - PRESIDENTIAL PETITIONS › Section 3-177-302 - Presidential petitions; verification of signatories

Current through June, 2024
(a)
				  Upon receipt of a presidential petition, the chief election officer or
				  designated representative shall verify within the time specified in HRS §
										11-113
				  whether the petition has met the requirements of HRS §
										11-113.
(b) Upon receipt of a petition containing at
				  least the minimum number of signatures required pursuant to HRS §
										11-113(c)(2)(b),
				  the chief election officer or designated representative shall verify whether
				  the signatory is eligible to sign the petition. To be eligible, the signatory
				  must appear in the statewide voter registration system as an active registered
				  voter no later than 4:30 p.m. on the day of the filing deadline. The
				  calculation of the number of signatures required by HRS §
										11-113(c) (2)
				  (b) may use the total of registered voters
				  that had been entered into the statewide voter registration system by the
				  deadline established in HRS §
										11-24 or
				  reported as part of any certified election results.
(1) If the signatory on the petition exists
				  as an active registered voter in the statewide voter registration system, then
				  the signatory shall be counted;
(2)
				  If the signatory on the petition does not exist as an active registered voter
				  in the statewide voter registration system, then the signatory shall not be
				  counted;
(3) If there are duplicate
				  signatories on the petition, and the signatory is an active registered voter in
				  the statewide voter registration system, then the signatory shall be counted
				  once;
(4) If the signatory does not
				  provide all of the required information on the petition, then the signatory may
				  not be counted;
(5) If the
				  information is not legible, then it may not be counted; and
(6) If the voter withdraws the voter's
				  signature from the petition as prescribed in HAR § 3-177-301, the voter's
				  signature shall not be verified or counted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 8 - POLITICAL PARTIES › Section 3-177-350 - Political parties; qualification

Current through June, 2024
(a) Any group of
				  persons having qualified as a political party for election ballot purposes by
				  petition, which shall be upon a form prescribed and provided by the chief
				  election officer containing the information required in HRS §
										11-62,
				  or by vote, pursuant to HRS §
										11-61(b),
				  for three consecutive general elections shall be deemed a political party for
				  the following ten-year period (i.e., the following five general elections),
				  provided that the qualified political party continues to field candidates for
				  public office in the elections held during that period and to meet the
				  requirements of HRS §§
										11-62,
				  11-63,
				  and
				  11-64.
(1) The ten-year period will start with the
				  general election immediately following the third consecutive general election
				  in which the party qualified by petition pursuant to HRS §
											11-62,
				  or by vote, pursuant to HRS §
											11-61(b).
(2) At the end of the ten-year period, the
				  qualified party which has not been disqualified for other reasons, shall be
				  subject to the requirements of HRS §
											11-61.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 8 - POLITICAL PARTIES › Section 3-177-351 - Party petitions; issuing

Current through June, 2024
(a) Any individual
				  or group wishing to petition to qualify a new political party in the State,
				  pursuant to HRS §
										11-62,
				  shall complete an application before receiving the petition. An application for
				  petition to qualify a political party shall be in the form prescribed and
				  provided by the chief election officer requiring substantially the following
				  information:
(1) Name of the political
				  party;
(2) Name of a. contact
				  person responsible for the petition;
(3) Date the application is completed;
				  and
(4) Telephone number and
				  mailing address at which the contact person or group can be
				  contacted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 8 - POLITICAL PARTIES › Section 3-177-352 - Party petitions; withdrawal of signatures

Current through June, 2024
(a) Any
				  voter who has signed a party petition pursuant to HRS §
										11-61,
				  may withdraw the voter's signature by submitting a written notice to the chief
				  election officer any time prior to the filing of the petition. Written notice
				  shall include:
(1) Name of voter;
(2) Residence address;
(3) Date of birth;
(4) Signature;
(5) Name of the political party petition;
				  and
(6) A statement that the voter
				  wishes to remove the voter's signature from the petition.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 8 - POLITICAL PARTIES › Section 3-177-353 - Party petitions; verification of signatories

Current through June, 2024
(a)
				  Upon receipt of a party petition, the chief election officer or designated.
				  representative shall verify within the time specified in HRS §
										11-62
				  whether the petition has met the requirements to qualify a political
				  party.
(b) Upon receipt of a
				  petition containing the minimum number of signatures required by HRS §
										11-62(a)(3),
				  the chief election officer or designated representative shall verify whether
				  the signatory is eligible to sign the petition. To be eligible, the signatory
				  must appear in the statewide voter registration system as an active registered
				  voter no later than 4:30 p.m. on the day of the filing deadline. The
				  calculation of the number of signatures required by HRS §
										11-62(a)(3)
				  may use the total of registered voters that had been entered into the statewide
				  voter registration system by the deadline established in HRS §
										11-24 or
				  reported as part of any certified election results.
(1) If the signatory on the petition exists
				  as an active registered voter in the statewide voter registration system, then
				  the signatory shall be counted;
(2)
				  If the signatory on the petition does not exist as an active registered voter
				  in the statewide voter registration system, then the signatory shall not be
				  counted;
(3) If there are duplicate
				  signatories on the petition, and the signatory is an active registered voter in
				  the statewide voter registration system then the signatory shall be counted
				  once;
(4) If the signatory' does
				  not provide all of the required information on the petition, then the signatory
				  may not be counted;
(5) If the
				  information is not legible, then it may not be counted; and
(6) If a voter withdraws the voter's
				  signature from the petition as prescribed in HAR § 3-177-352, the voter's
				  signature shall not be verified or counted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 9 - NOMINATION PAPER › Section 3-177-400 - Nomination papers; when available, application, and format

Current through June, 2024
(a) To obtain a nomination paper to file, for
				  candidacy, pursuant to HRS §
										12-3,
				  any individual shall complete, an application before receiving the nomination
				  paper. The application for a nomination paper shall be in the form prescribed
				  and provided by the chief election officer containing substantially the
				  following information:
(1) Legal
				  name;
(2) Name commonly known as
				  (if different from legal name);
(3)
				  Legal residence address;
(4) If no
				  street address, a description of location of residence;
(5) Mailing address (if different from
				  previously provided address);
(6)
				  Telephone number;
(7) Date of
				  birth;
(8) Hawaii. Driver License
				  or Hawaii State Identification Card Number;
(9) Last four digits of Social Security
				  Number (if the applicant does not have a Hawaii Driver License or Hawaii State
				  Identification Card);
(10)
				  Statement of United States citizenship;
(11) Statement of legal residence in the
				  State of Hawaii;
(12) Statement of
				  being a registered voter of the State of Hawaii;
(13) Statement regarding whether the
				  applicant has a current, felony conviction that has not been finally discharged
				  (i.e. HRS §
											831-2);
(14) Contest, title;
(15) Jurisdiction or district;
(16) Party affiliation or
				  nonpartisan;
(17) Party
				  membership;
(18) Name of
				  candidate's contact person;
(19)
				  Relationship of contact person;
(20) Contact person's telephone number;
				  and
(21) An affirmation by the
				  application that the information is true and correct and authorizing the chief
				  election officer and/or the clerk to verify the information on the
				  application.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 9 - NOMINATION PAPER › Section 3-177-401 - Nomination papers; withdrawal of signature

Current through June, 2024
(a) Any voter who
				  has signed a nomination paper, may withdraw the voter's signature by submitting
				  a written notice to the chief election officer, or clerk in the case of a
				  county office any time before the filing of the candidate's nomination paper;
				  provided that the notice is received by the chief election officer, or clerk in
				  the case of a county office, no later than 4:30 p.m. on the fourth business day
				  prior to the close of filing pursuant to HRS §
										12-6.
				  Written notice shall include:
(1) Name of
				  voter;
(2) Residence
				  address;
(3) Month and day portions
				  of the date of birth;
(4)
				  Signature;
(5) Name of the
				  candidate; and
(6) A statement that
				  the voter wishes to remove the voter's signature from the candidate's
				  nomination paper.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 9 - NOMINATION PAPER › Section 3-177-402 - Nomination papers; verification of signatories

Current through June, 2024
(a) Upon
				  receipt of a nomination paper, the chief election officer, clerk, or their
				  designated representatives, shall count and determine whether the nomination
				  paper has met the signature requirements, pursuant to HRS §
										12-5.
(b) If the nomination, paper contains at
				  least the required number of signatures pursuant to HRS §
										12-5,
				  then the chief election officer, clerk, or designated representative may verify
				  whether the signatory is eligible to sign the nomination paper. A nomination
				  paper containing less than the required number of signatures shall be rejected
				  without verification of signatories. To be eligible, the signatory must:
(1) Appear in the statewide voter
				  registration system as an active registered voter no later than 4:30 p.m. on
				  the day of the filing deadline;
(2)
				  Be registered at the residence address appearing on the nomination
				  paper;
(3) Be registered in the
				  district from which the candidate is running for office;
(4) Be eligible to vote for the candidate
				  when the nomination paper is filed; and
(5) Not have withdrawn their name, pursuant
				  to HRS §
											12-4(c).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 9 - NOMINATION PAPER › Section 3-177-403 - Nomination papers; candidate name on ballot

Current through June, 2024
(a) A
				  candidate's name, including the Hawaiian or English equivalent or nickname,
				  shall be limited to twenty-seven characters; provided that the twenty-seven
				  characters shall include punctuation and blank spaces, and shall be set on one
				  line.
(b) The name of the candidate
				  appearing on the ballot may be the candidate's legal- name or the name, by
				  which the candidate is most commonly known. If a candidate seeks to have a name
				  other than, the candidate's legal name, its commonly recognized equivalent, or
				  a prior legal name,, such as a maiden name, appear on- the ballot, the
				  candidate, at the time of filing nomination papers shall also file a
				  declaration in which the candidate attests to the fact that the name to- appear
				  on the ballot, is the name by which the candidate is most commonly known
				  throughout the district from which the candidate seeks election.
				  Notwithstanding anything to the contrary, the election official may require the
				  candidate to file a declaration, if there are questions as to whether a
				  proposed name is in fact the commonly recognized equivalent of the candidate's
				  legal name or if a proposed name was in fact the candidate's prior legal
				  name.
(c) The ballot shall contain
				  the names of the candidates in the format and order specified as follows:
(1) Last name in capital letters followed by
				  a comma, followed by a blank space;
(2) First name in upper and lower case
				  letters;
(3) Middle name in upper
				  and lower case letters or initial or initials; preceded by a blank space;
				  provided that each initial shall be followed by a period;
(4) Suffix such as "Jr.'' or "III" preceded
				  by a blank space and a comma; and
(5) Nickname or Hawaiian equivalent if
				  requested by the candidate in parenthesis preceded by a blank space.
(6) An example of a correct format is:
HAWAII, Jon T., Jr. (Keoni)
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 9 - NOMINATION PAPER › Section 3-177-404 - Nomination papers; candidate's name; office and district; political party affiliation or nonpartisan designation

Current through June, 2024
The candidate's name, office and district, and political
					 party' affiliation or nonpartisan designation shall be placed on the nomination
					 paper by the chief election officer or the clerk prior to issuing the
					 nomination paper to the candidate. The candidate's name, office and district,
					 and political party affiliation or nonpartisan designation shall not be changed
					 from that indicated, on the nomination paper. If the candidate wishes to change
					 the candidate's name, office and district, or political party affiliation or
					 nonpartisan designation, the candidate may request the appropriate nomination
					 paper from the chief election officer or the clerk, and have it signed by the
					 required number of registered voters.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 9 - NOMINATION PAPER › Section 3-177-405 - Filing fee; payment of

Current through June, 2024
In the case of federal, state, or county offices, payment
					 of filing fees for nomination papers shall be made by cashier's check-certified
					 check, money order, or cash.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 10 - BALLOTS › Section 3-177-450 - Ballot definition

Current through June, 2024
(a) The term
				  "ballot" shall be broadly defined, so as to permit voters to vote, to mean the
				  following:
(1) A written or printed, or
				  partly written and partly printed paper or papers containing the names of
				  persons to be voted for, the office to be filled, and the questions or issues
				  to be voted on;
(2) A ballot used
				  in an election by mail, including a ballot approved for electronic
				  transmission. "Electronic transmission". refers the transmission of a blank or
				  voted ballot by facsimile or electronic mail delivery, or the use of an online
				  ballot delivery and return system, which may include the ability to mark the
				  ballot.
(A) HTML or similar technology may be
				  used to represent a ballot including all contests and questions that the voter
				  may vote on that is used in electronic transmission. Any such representation
				  will be considered a ballot for purposes of these rules;
(B) HTML or similar technology may be used to
				  represent how a voter voted. The manner of the representation of how the voter
				  voted shall be considered a ballot. This may be in the form of an electronic
				  image, which, may be in a PDF or similar format, that contains the names of
				  persons to be voted for, the office to be filled, and the questions or issues
				  to be voted on, along with marks indicating how the voter vote. Additionally,
				  the electronic system may generate a ballot summary, to represent how the voter
				  voted, which may be considered a ballot for purposes, of these rules. The
				  ballot summary, similar to a voter verifiable paper audit trail, is a complete
				  record of the ballot selections that is verified by the voter, which may be in
				  a PDF or similar format, before being transmitted back through the electronic
				  transmission system;.
(C) To the
				  extent an electronic image associated with the electronic transmission system
				  is printed and not electronically returned, but instead is returned by mail or
				  in-person, it shall be considered a ballot for purposes of these rules;
				  or
(D) A facsimile of a ballot
				  which is sent as an attachment to an electronic mail message or as part of a
				  facsimile transmission shall be considered a ballot. In either case, the return
				  of a voted facsimile of the ballot shall also be considered a ballot for
				  purposes of these rules.
(3) A ballot may consist of one or more cards
				  or pieces of paper, or one face of a card or piece of paper, or a portion of
				  the face of a card or piece of paper, depending on the number of offices,
				  candidates to be elected thereto, questions or issues to be voted on, and the
				  voting system in use.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 10 - BALLOTS › Section 3-177-451 - Ballot design and arrangement; candidate vacancies

Current through June, 2024
(a)
				  The design and arrangement of the ballot shall meet the requirements of the
				  voting system. The maximum number of candidates or ballot questions for which
				  the voter is legally entitled to vote in any given case shall be clearly
				  indicated.
(b) In case of death,
				  withdrawal, or disqualification of any candidate after filing, the applicable
				  provisions of HRS §§
										11-117
				  arid
				  11-118
				  shall apply-
(c) If the applicable
				  deadline after a vacancy occurs is a Saturday, then the chief election officer,
				  or clerk in the case of a county office, shall be available to receive the
				  applicable filing via electronic mail on that day. The circumstances of the
				  deadline occurring on a Saturday will not serve as a basis to extend the
				  deadline.
(d) The chief election
				  officer or county clerk in county elections may waive any or all of the
				  requirements in HRS §
										11-118
				  under the following special circumstance that it is determined that there is
				  still sufficient time to insert an alternate's name without putting the
				  administration of the election at undue risk.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 10 - BALLOTS › Section 3-177-452 - Ballots for voter service centers

Current through June, 2024
To the extent mark sense ballots are to be used at a voter
					 service center, election officials will have the ability to print ballots in
					 the county. This may be satisfied by the use of ballot on demand printers or
					 any other means by which ballots, may be delivered to a voter service center in
					 a timely manner. Notwithstanding anything to the contrary, any type of ballot
					 authorized by election officials may be used in the voter service center.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 10 - BALLOTS › Section 3-177-453 - Accountability and security of ballots

Current through June, 2024
(a) The chief
				  election officer or designated representative shall maintain a complete count
				  of marksense ballots. All ballots shall be safeguarded to prevent mishandling
				  or misuse.
(b) The clerk shall
				  maintain a complete and current count of all marksense ballots issued, spoiled,
				  and received in their county. The accounting of marksense ballots by the clerk
				  shall be recorded on forms prescribed by the chief election officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 10 - BALLOTS › Section 3-177-454 - Electronic voting systems; marking of marksense ballot

Current through June, 2024
(a)
				  After receiving the marksense ballot, the voter shall properly mark the ballot
				  in the manner and color of ink, softness of pencil graphite, or other manner
				  prescribed by the chief election officer as described in the instructions. The
				  voter shall designate each choice by completely filling in the voting position
				  area next to the name of the candidate for whom the voter desires to vote or
				  the question on the ballot for which the voter desires to vote.
(b) The chief election officer may authorize
				  the use of a ballot marking device, to the extent the voter is able to review
				  the marksense ballot before casting it.
(c) The voting position area will be
				  designated by the chief election officer on the ballot. The voting position
				  area may include, but not be limited to circles, squares, rectangles, or other
				  shapes. In addition, the chief election, officer will determine whether the
				  voting position area is on the right or left hand side of a candidate's name or
				  the ballot question.
(d) Below is
				  anon-exhaustive list of examples of marks and. whether they may be considered
				  proper, marginal/or improper. The treatment of marks, including the disposition
				  of marginal marks, is addressed in HAR § 3-177-752.
(1) Example of a proper mark
Click
					 here to view image
(2) Examples of marginal marks are:
Click
					 here to view image
(3) Examples of improper marks are:
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Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-500 - Voter, service center; general operation and services

Current through June, 2024
(a) Voter service centers shall be
				  established at the office of the clerk and may be established at additional
				  locations within a county as may be designated by the clerk to service the
				  needs of a county's voters. The clerk shall make arrangements for the rental or
				  erection of suitable shelter for the establishment of a voter service center
				  whenever public buildings are not available and shall cause these voter service
				  centers to be equipped with the necessary facilities for lighting, ventilation,
				  and equipment needed for elections.
(b) The office of the clerk refers to where
				  the affairs of the clerk are transacted. The clerk may use different locations
				  for different affairs of their office. As such, the clerk may designate a
				  location to serve as the office of the clerk for purposes of the operation of a
				  voter service center. This location may differ from the location normally
				  associated with the clerk for other duties. For example, while the clerk may
				  operate from one location for purposes of. supporting their council or other
				  duties, they may designate a location for the operation of the voter service
				  center, so as to take into consideration the needs associated with the services
				  to be provided (e.g. a larger facility for servicing the public, parking
				  considerations, and other related matters).
(c) Voter service centers shall be open from
				  the tenth business day preceding the day of the election during regular
				  business hours until the time provided in HRS §
										11-131
				  on the date of the election and at the same times statewide. Likewise, it will
				  provide the services specified under the definition of a "voter service center"
				  in this rule.
(d) A "voter service
				  center" means a location established to service all of the following purposes:
(1) Receive return envelopes for absentee
				  ballots pursuant to chapter
				  15, HRS;
(2) Received, returned identification
				  envelopes in an election by mail;
(3) Provide voting machine services for
				  persons with, disabilities pursuant to the Help America Vote Act of 2002,
				  P.L.
				  107-252, as amended, and any other federal or
				  state law relating persons with disabilities;
(4) Provide any other voting services as
				  provided by laws; and
(5) Any other
				  purposes the chief election officer or clerk may deem necessary if a natural
				  disaster or other exigent circumstance occurs before an election.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-501 - Voter service center; security and regulation of activities

Current through June, 2024
(a) The clerk shall designate the voter
				  service centers and shall assign personnel and issue operating instructions
				  which provide for the security of all ballots and secrecy of the voted
				  ballots.
(b) The clerk shall post
				  in a conspicuous place, prior to the opening of the voter service center, a map
				  designating an area around the voter service center for purposes of HRS §
										19-6.
(c) The clerk may designate the area of the
				  voter service center to encompass an area up to the area prescribed in HRS
				  §
										11-132.
(d) Admission within the voter service center
				  shall be limited to the following:
(1)
				  Election officials;
(2) Watchers,
				  if any, pursuant to HRS §
											11-77;
(3) Candidates, provided that a candidate
				  engaged in any activity that would otherwise attract attention including, but
				  not limited to interviews and press conferences, shall do so outside the
				  boundary set forth pursuant to this rule;
(4) Any voters engaged in voting, going to
				  vote or returning from voting;
(5)
				  Any person authorized to assist a voter; and
(6) Any person or nonvoter group authorized
				  by the clerk to observe the election for educational purposes, provided that
				  they conduct themselves so that the conduct of the person or group does not
				  interfere with the election process; and
(7) A child for purposes of observing the
				  voting process when accompanied by an adult who is voting, provided that this
				  activity does not disrupt or interfere with normal voting procedures.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-502 - Voter service center; collection of voting materials

Current through June, 2024
(a) The chief election officer, clerk, or
				  designated representative may authorize the collection of voted ballots, vote
				  data storage media, voter verifiable paper audit trails, and similar items
				  before and after the closing of the voter service center on any day of
				  operation.
(b) The voting materials
				  from the voter service center shall be transported to the counting center or
				  designated locations in secured containers in accordance with procedures
				  established by the chief election officer, clerk, or designated
				  representative.
(c) Other election
				  materials will be sealed and returned in accordance with procedures established
				  by the chief election officer, clerk, or designated representative.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-503 - Voter service center; return Of materials

Current through June, 2024
(a) After
				  the voter service center closes on election day, or any earlier day as
				  determined by the clerk, the voter service center officials shall follow the
				  procedures for closing the voter service center. The voter service center
				  officials shall return all of the following materials to the designated supply
				  collection center:
(1) Sealed ballot
				  transport containers containing unissued ballot packets or ballots;
(2) Supply box; and
(3) Other election documents and materials as
				  specified by the chief election officer or clerk.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-504 - Voter service center; officials

Current through June, 2024
The clerk may employ regular employees or temporary
					 employees of their office as voter service center officials. Additionally, the
					 clerk may employ election day officials, enter into personal services
					 contracts, or use a temporary staffing agency for the employment of voter
					 service center officials.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-505 - Voter service center; watchers

Current through June, 2024
(a) Each qualified
				  political party shall:
(1) Be entitled to
				  appoint watchers to serve at each voter service center in which the candidates
				  of such party are on the ballot so-long as there is only one watcher of the
				  political party present at a time; and
(2) Submit a list of watchers not later than
				  4:30 p.m. on the twentieth day before any election to 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 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-506 - Places of deposit; generally

Current through June, 2024
(a) The clerk may
				  designate and provide for places of deposit to be open five business days
				  before the election until 7:00 p.m. on the day of the election; provided that
				  the locations and apparatus for receiving voted ballots can be securely
				  maintained during the period of use for. each election and as may be permitted
				  by the operational hours.
(b) To
				  the extent that places of deposit, due to a need to address security or
				  operational hours, cannot be open uniformly, across the county, the clerk shall
				  document the reasons for such a variation in its operation. Upon a finding by
				  the clerk that it is. in the interest of the voters, of a county to operate a
				  proposed place of deposit, or to continue to operate an existing place of
				  deposit, the clerk may do so, so long as appropriate notice to the public is
				  provided of any variation in operation of the place of deposit. For example, if
				  due to a lack of available personnel, shortage of facilities that can be used
				  for five business days, security matters, or similar reasons a modified
				  schedule or modified services to be provided may be considered by the
				  clerk.
(c) The clerk shall account
				  for the security of the places of deposit and the ballots cast at such
				  locations.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-507 - Voter service center and place of deposit; campaign activities

Current through June, 2024
(a) No person at a voter service center,
				  place of deposit, or its appurtenances shall be permitted to exhibit on his or
				  her person, or distribute any communication which is in any way intended to
				  directly or indirectly solicit, influence, or address any candidate contest or
				  question on the ballot. An official shall request that any person in violation
				  of this rule remove or cover any clothing, button, hat, armband or other
				  campaign material that is being exhibited by the person. Any person who refuses
				  to comply with the request of the official shall be required to leave the area
				  prescribed in HRS §
										11-132.
(b) Except when a vehicle is used by a person
				  traveling to or from a voter service center or place of deposit for the purpose
				  of voting, a vehicle parked within the area prescribed in HRS §
										11-132,
				  may not exhibit any sign, bumper sticker, or other campaign material on said
				  vehicle.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 11 - VOTER SERVICE CENTER AND PLACE OF DEPOSIT - GENERALLY › Section 3-177-508 - Voter service center and place of deposit; non-campaign activities

Current through June, 2024
The chief election officer or the clerk as designated by
					 the chief election officer may establish procedures to ensure that
					 non-electioneering activities, including exit polling, within the area
					 prescribed in HRS §
										11-132,
					 do not interfere in any way with the orderly conduct of elections. Such
					 procedures may include:
(1) The
				  prohibition of commercial activity, other than those which were pre-existing,
				  involving advertising, solicitation or sales;
(2) Requiring prior notification, ten days
				  before an election, and approval for any organized activity;
(3) Limiting the number and proximity of
				  persons involved or places where the activity takes place;
(4) The prohibition of loudspeakers or other,
				  amplification devices;
(5)
				  Requiring that the clerk be advised of the activity;
(6) The cessation or removal of any activity
				  which interferes with the conduct of the election; and
(7) Prohibiting the solicitation or
				  approaching of persons proceeding to or from a voter service center or place of
				  deposit.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 12 - VOTER SERVICE CENTER - VOTING PROCEDURE › Section 3-177-551 - Voter service center; verification of the identity of applicants registering in-person to vote

Current through June, 2024
(a) To the extent
				  the clerk indicates that an individual has just been registered in-person at
				  the voter service center, the registration process will be treated as having
				  verified the identity of the voter.
(b) In the event an individual is not issued
				  a ballot, they will retain whatever right they may have to a provisional ballot
				  and the corresponding procedures related to the disposition of such
				  ballots.
(c) Nothing in this rule
				  shall be construed as preventing the clerk from exercising their underlying
				  authority to demand that an individual furnish substantiating evidence to
				  allegations in their voter registration application or any application related
				  to voter registration. Likewise, this rule does not foreclose the ability of
				  another voter properly in the voter service center from challenging the voter
				  on the grounds that the voter is not who they allege to be or that the voter
				  is. not entitled to vote.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 12 - VOTER SERVICE CENTER - VOTING PROCEDURE › Section 3-177-552 - Demonstration ballots

Current through June, 2024
(a) For each
				  election, there shall be provided as many demonstration ballots as the chief
				  election officer, clerk, or designated representative deems
				  appropriate.
(b) The demonstration
				  ballots shall be designed to prevent tabulation by the computer programmed to
				  count the ballots in the election.
(c) The demonstration ballots may not contain
				  the names of candidates or ballot questions to be voted on in 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 12 - VOTER SERVICE CENTER - VOTING PROCEDURE › Section 3-177-553 - Voter service center; marksense ballots; spoiled

Current through June, 2024
(a)
				  If a voter spoils a ballot in the process of voting, or receives a spoiled
				  ballot, the voter shall be issued another ballot, by the voter service center
				  officials.
(b) Before issuing the
				  new ballot, the voter service center official shall:
(1) Give the voter a utility envelope, ask
				  the voter to place the spoiled ballot in the envelope,: and seal the
				  envelope;
(2) Write 'spoiled'
				  across the face of the envelope and sign the voter service Center official's
				  name;
(3) Deposit the utility
				  envelope in the spoiled ballot envelope;
(4) Write in the poll book, record book,
				  application, or similar means of documenting matters 'spoiled ballot';
				  and
(5) Have the voter place the
				  voter's initials next to the words "spoiled ballot."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 12 - VOTER SERVICE CENTER - VOTING PROCEDURE › Section 3-177-554 - Provisional voting; general procedures

Current through June, 2024
(a) If an
				  individual declares that such individual is a registered voter in the
				  jurisdiction in which the individual desires to vote and that, the individual
				  is eligible to vote in an election for Federal office, but the name of the
				  individual does not appear on the official list of eligible voters for the
				  voter service center or an. election, official, asserts that the individual is
				  not eligible to vote, such individual shall be permitted to a cast a
				  provisional ballot as follows:
(1) An
				  election official shall notify the individual that the individual may cast a
				  provisional ballot in that election;
(2) The individual shall be permitted to cast
				  a provisional ballot at that voter service center upon the execution of a
				  written affirmation, by the individual before an election official, stating
				  that the individual is
(A) a registered voter
				  in the jurisdiction in which the individual desires to vote; and
(B) eligible to vote in that
				  election.
(3) The
				  written affirmation shall be in a form prescribed by the chief election officer
				  and shall contain substantially all the information required to register to
				  vote under HRS §
											11-15 and
				  shall document that the individual is requesting a provisional
				  ballot.