reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 170 - RULES OF THE ELECTIONS COMMISSION › Subchapter 3 - ELECTION COMMISSION MEETINGS › Section 3-170-14 - Notice

Current through June, 2024
(a) The elections commission shall give
				  written public notice of any regular, special, or rescheduled meeting, or any
				  executive meeting when anticipated in advance. The notice shall include an
				  agenda which lists all of the items to be considered at the forthcoming
				  meeting, the date, time, and place of the meeting, and in the case of an
				  executive meeting the purpose shall be stated.
(b) The elections commission shall file the
				  notice in the office of the lieutenant governor, and in the office of the
				  elections commission for public inspection, at least six calendar days before
				  the meeting. The notice shall also be posted at the site of the meeting
				  whenever feasible. In the event the notice is filed in the office of the
				  lieutenant governor less than six calendar days before the meeting, the meeting
				  shall be canceled and a notice canceling the meeting will be posted at the
				  place of the meeting, and no meeting shall be held.
(c) The elections commission shall not change
				  the agenda, once filed, by adding items thereto without a two-thirds recorded
				  vote of all members to which the elections commission is entitled; provided
				  that no item shall be added to the agenda if it is of reasonably major
				  importance and action thereon by the elections commission will affect a
				  significant number of persons. Items of reasonably major importance not decided
				  at a scheduled meeting shall be considered only at a meeting continued to a
				  reasonable day and time.
(d) The
				  elections commission shall maintain a list of names and addresses of persons
				  who request notification of meetings and shall mail a copy of the notice to
				  these persons at their last recorded address no later than the time the agenda
				  is filed under subsection (b).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 170 - RULES OF THE ELECTIONS COMMISSION › Subchapter 3 - ELECTION COMMISSION MEETINGS › Section 3-170-15 - Minutes

Current through June, 2024
The elections commission shall keep written minutes of all
					 meetings. Unless otherwise required by law, neither a full transcript nor a
					 recording of the meeting is required, but the written minutes shall give a true
					 reflection of the matters discussed at the meeting and the views of the
					 participants.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 172 - VOTING (REPEALED) › Subchapter 9 - VOTE DISPOSITION (REPEALED) › Section 3-172-101 - Electronic voting system decentralized counting; preparation of uncounted voted ballots, memory cards, precinct counter keys, and zero reports (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 1 - ADOPTION, AMENDMENT, OR REPEAL OF RULES BY CHIEF ELECTION OFFICER › Section 3-177-1 - Chief election officer initiates

Current through June, 2024
When upon the chief election officer's own motion, the
					 chief election officer proposes to adopt, amend, or repeal a rule for state,
					 combined state and county, or county elections, a notice of proposed rule
					 making, shall be published as required bylaw.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 1 - ADOPTION, AMENDMENT, OR REPEAL OF RULES BY CHIEF ELECTION OFFICER › Section 3-177-2 - Petitions for the adoption, amendment, or repeal of rules

Current through June, 2024
(a)
				  Any interested person or agency may petition the chief election officer for the
				  adoption, amendment, or repeal of any election rule. The petition need not be
				  in any prescribed form, but it shall contain all of the following:
(1) The name, address, zip code, and
				  telephone number of the petitioner;
(2) The signature of the
				  petitioner;
(3) A statement of the
				  nature of petitioner's interest;
(4) A draft or substance of the proposed rule
				  or amendment or a designation of the provisions sought to be
				  repealed;
(5) A statement of the
				  reasons in support of the proposed rule, amendment, or repeal; and
(6) Any other information pertinent, to 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 1 - ADOPTION, AMENDMENT, OR REPEAL OF RULES BY CHIEF ELECTION OFFICER › Section 3-177-3 - Adoption, amendment, or repeal of rules

Current through June, 2024
When, pursuant to a petition therefore, or upon the chief
					 election officer's own motion the chief election officer proposes to adopt,
					 amend, or repeal a rule, the rule shall be adopted, amended, or repealed in
					 accordance with the procedures set forth in chapter
					 91 and section
					 92-41
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 1 - ADOPTION, AMENDMENT, OR REPEAL OF RULES BY CHIEF ELECTION OFFICER › Section 3-177-4 - Conduct of hearing

Current through June, 2024
(a) The chief
				  election officer shall afford all interested persons the opportunity to submit
				  data, views, or arguments, orally or in writing.
(1) Written testimony shall be submitted to
				  the chief election officer at least twenty-four hours prior to the
				  hearing.
(2) Any person submitting
				  written testimony on the day of the hearing shall furnish ten copies of such
				  testimony to the chief election officer's staff prior to the hearing.
(3) In addition, or in lieu of written
				  testimony, any person may file with the chief election officer within two days
				  following the close of the public hearing a written protest or other comments
				  or recommendations in support of or in opposition to the proposed rule making.
				  Such persons shall notify the chiefelection officer at the time of the hearing
				  that they intend to file written materials after the hearing. The period for
				  filing written protests, comments, or recommendations may. be extended by the
				  chief election officer for good cause.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 1 - ADOPTION, AMENDMENT, OR REPEAL OF RULES BY CHIEF ELECTION OFFICER › Section 3-177-5 - Decision; taking effect of rules

Current through June, 2024
(a) At the close of
				  the final public hearing, the presiding officer shall announce the decision or
				  announce the date when the decision shall be published.
(b) The adoption, amendment, or repeal of any
				  rule shall be subject to the approval of the governor as required by
				  law.
(c) Each rule change announced
				  by the governor shall become effective ten days after a certified copy is filed
				  with the lieutenant governor 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 1 - ADOPTION, AMENDMENT, OR REPEAL OF RULES BY CHIEF ELECTION OFFICER › Section 3-177-6 - Emergency rule making

Current through June, 2024
The chief election officer may adopt-emergency rules as
					 provided in §
										91-4,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-50 - Purpose; general applicability

Current through June, 2024
The purpose of these administrative rules is to provide for
					 consistency in the administration of elections. The rules in this chapter are
					 generally applicable to all election matters, unless the context indicates
					 otherwise.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-51 - Construction of laws

Current through June, 2024
Chapter
					 1, Hawaii Revised Statutes, consisting
					 of HRS §§
										1-1
					 through
					 1-32,
					 may be consulted in the construction of all statutes and administrative rules.
					 If the chief election officer or a court of competent jurisdiction determines
					 there is a conflict between these rules, and the provisions of federal law,
					 such as the Voter Rights Act of 1965, National Voter Registration Act of 1993,
					 Help America Vote About of 2002, the provisions of the federal law shall
					 control, and the chief election officer or the clerk, as may be applicable
					 under state law, shall perform the duties and discharge the obligations
					 contained in the federal act.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-52 - Election officials

Current through June, 2024
Unless the context indicates otherwise, "election official"
					 refers to the chief election officer county clerk, or any of their designees.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-53 - Office of the clerk

Current through June, 2024
(a) Office of the clerk or similar words such
				  as "county clerk" or "county elections division" means where the affairs of the
				  clerk, such as processing voter registration and mailing and receipt of
				  ballots, are transacted. This includes, but is not limited to voter service
				  centers, satellite offices, and anywhere the clerks exercise control through
				  their staff, or others they delegated authority, over ballots or other election
				  matters associated with the duties and powers of their office conferred by
				  law.
(b) Any requirement relating
				  to ballots being received at the office of the clerk will be deemed satisfied
				  by the taking of custody of ballots at the United States Postal Service post
				  office or from anyone at. any location, by the clerk, their staff, or others
				  delegated authority by the clerk, so long as the applicable statutory deadline
				  has been met (e.g., ballots received in such a manner by the close of polls
				  will be deemed to have met the statutory deadline).
(c) Any requirement for a voter service
				  center at the office of the clerk will be deemed satisfied by the use of a
				  physical location temporarily managed by the clerk to perform the services
				  associated with a voter service center.
(d) Any requirement for the receipt of voter
				  registration applications, absentee applications, or other election documents
				  will be deemed satisfied by the taking of custody of it at the United States
				  Postal Service post office or from anyone at any location, by the clerk, their
				  staff, or others delegated authority by the clerk, so long as the applicable
				  statutory deadline has been met.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-54 - Office of the chief election officer

Current through June, 2024
(a) "Office of the
				  chief election officer," "office of elections," or similar words, unless the
				  context indicates otherwise, means where the affairs of the chief election
				  officer are transacted. For example, the facilities or locations designated by
				  the chief election officer where nomination papers, ballots or other election
				  materials are received, processed, counted, or tabulated. This includes
				  anywhere the chief election officer exercises control through themselves, their
				  staff, or others they, delegated authority, over, ballots or other election
				  matters associated with the duties and powers of their office conferred by
				  law.
(b) Any requirement relating
				  to nomination papers or any other election document being filed at the office
				  of the chief election officer will be deemed satisfied by the filing, of those
				  nomination papers or election documents at their main office, satellite office,
				  or the offices of the clerks who are authorized to file nomination papers and
				  other election documents on behalf of the office of elections.
(c) Any requirement for the receipt of
				  nomination papers-or other election documents will be deemed satisfied by the
				  taking of custody of it at the United States Postal Service post office or from
				  anyone at any location, by the chief election officer, their staff, or others
				  delegated authority by the chief election officer so long as the applicable
				  statutory deadline has been met.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-55 - Format of election documents

Current through June, 2024
(a) Election
				  documents may be initially created by election officials in or converted to an
				  electronic format. Election documents may be broadly interpreted to include all
				  records and documents related to elections. A document in electronic format may
				  be considered the equivalent of the original.
(b) In addition to paper forms, election
				  officials may use electronic forms, electronic transmission, computer programs,
				  websites, or similar technology to solicit applications from the public or to
				  generate an electronic document containing the relevant information required by
				  law. For example, election officials may use an online voter registration
				  system, online candidate filing system, online ballot delivery, marking, and
				  return system, online ballot signature rehabilitation system, electronic mail,
				  or fax.
(c) The election official,
				  to the extent not otherwise required by law or by the chief election officer,
				  may choose not to use technology in the manner noted above. Instead, they may
				  choose to rely on a paper based process for some or all of their
				  operations.
(d) Unauthorized paper
				  forms, electronic forms, or computer programs or services to generate
				  electronic documents are not permitted.
(e) Election officials may authorize third
				  parties to use or otherwise duplicate election, documents for distribution.
				  However, the mere distribution of any election document by a third party, will
				  not, in and of itself, create an agency with any election official.
(f) Third parties are cautioned that unless
				  authorized under HRS §
										11-97,
				  it is unlawful for any person to use, print, publish, or distribute information
				  acquired directly or indirectly from any list prepared therefrom.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-58 - Saturday, deadlines

Current through June, 2024
To the extent a statutory deadline occurs on a Saturday
					 the-chief election officer or clerk may make themselves available to receive
					 the applicable filing by electronic mail on that day. The circumstances of a
					 deadline occurring on a Saturday will not serve as a basis to extend any
					 statutory deadline.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-59 - Postponement of elections; natural disaster

Current through June, 2024
(a) The conducting
				  of an election may be postponed in any district or county by the chief election
				  officer or the clerk of a county in the case of county elections if:
(1) Flooding, high winds, earthquake,
				  tsunami, volcanic eruption, or other natural disaster has occurred in or in the
				  proximity of, the district, or county; and
(2) Access to voter service centers are
				  restricted due to:
(A) Damage to, or closing
				  of, roads;
(B) The absence or
				  suspension of public transportation;
(C) The absence of electricity, telephone, or
				  other public telecommunications or utilities;
(D) Extensive property damage or personal
				  injury throughout the affected area;
(E) Damage to a voter service center or voter
				  service centers which endangers the health or safety of voters or election of
				  finacials; or
(F). Damage to a
				  voter service center or voter service centers which makes it impracticable for
				  such locations to function as election sites.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-60 - Compensation for election day officials

Current through June, 2024
(a) All election
				  day officials shall be compensated in accordance with a stipend schedule
				  approved by the chief election officer containing substantially the following
				  information:
(1) County
				  designation;
(2) Position title;
				  and
(3) Stipend amount per
				  election.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 2 - GENERAL PROVISIONS › Section 3-177-61 - Security of ballots and election supplies

Current through June, 2024
(a) The procedure
				  for ensuring the security of a container used to store or transport ballots,
				  voter verifiable paper audit trails, vote data storage media, and other
				  sensitive election materials shall be as follows:
(1) Made of suitable materials to prevent
				  breakage or tampering;
(2)
				  Securable using a nonreusable seal;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 3 - VOTER EDUCATION › Section 3-177-100 - Purpose

Current through June, 2024
The chief election officer may establish voter education
					 programs, including publishing, voter information pamphlets, conducting voter
					 awareness media campaigns, and employing other voter information methods deemed
					 appropriate 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 3 - VOTER EDUCATION › Section 3-177-101 - Voter pamphlet

Current through June, 2024
(a) The chief
				  election officer or the clerk may produce a voter information pamphlet in
				  printed form or published on an online website.
(b) The chief election officer or clerk may
				  select the district or districts to be covered by the voter information
				  pamphlet. The pamphlet may be made available, by mail, or other methods, to
				  households within the selected district with one or more registered voters. In
				  the alternative, the pamphlet may be made on the office of elections' website
				  or that of the office of the clerk.
(c) The chief election officer or clerk may
				  authorize the pamphlet to contain contact information for the candidates (e.g.
				  telephone number, electronic mail address, fax, or website); provided that the
				  candidate submits the information before the deadline established 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 3 - VOTER EDUCATION › Section 3-177-102 - Election equipment loans

Current through June, 2024
(a) Thechief
				  election officer or clerk may establish a program to authorize the use of any
				  available election equipment by schools or community organizations at no cost.
				  The chief election officer or clerk may charge a school or community
				  organization for applicable shipping and delivery charges and for the repair or
				  replacement of equipment damaged by the school or community
				  organization.
(b) The following
				  election equipment may be made available: voting booths, steel ballot box, and
				  other election equipment.
(c) The
				  equipment may be available from the chief election officer, clerk; or
				  designated representative.
(d)
				  Organizations under this program shall assign a coordinator who will be the
				  point of contact and who will assume the responsibility for the election
				  equipment.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-150 - Voter registration and related forms

Current through June, 2024
(a) The affidavit
				  on the application for voter registration form shall be in a form prescribed
				  and approved by the chief election officer containing substantially the
				  following information:
(1) Name;
(2) Applicant's Hawaii driver license number
				  or Hawaii state identification card number; provided that:
(A) If no driver license or identification
				  card has been issued to the applicant, the last four digits of the applicant's
				  social security number; and
(B) If
				  no social security number has been issued to the applicant, an election
				  official or county clerk shall assign the applicant a unique identification
				  number for voter registration purposes and enroll the applicant in the State's
				  computerized voter registration list, if any;
(3) Date of birth;
(4) A statement that the applicant is at
				  least sixteen years of age at the time of completing the registration
				  form;
(5) Residence, including
				  mailing address;
(6) That the
				  residence stated in the affidavit is not simply because of the person's
				  presence in the State but that the residence was acquired with the intent to
				  make Hawaii the person's legal residence with all the accompanying obligations
				  therein;
(7) That the person is a
				  citizen;
(8) That the person swears
				  to the truth of the allegations by self-subscribing affirmation in the
				  affidavit on application for voter registration or other form prescribed by the
				  chief election officer;
(9) A space
				  for a signature of a witness, along with their address and telephone number,
				  when the applicant is unable to sign and instead makes a mark; and
(10) A statement which says that the office,
				  site, or location at which an applicant registers to vote or the declination on
				  the part of the applicant to register to vote will remain confidential and will
				  be used for voter registration purposes only.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-151 - Voter registration forms; distribution

Current through June, 2024
(a) Voter
				  registration forms shall be available at the offices of the clerk and the chief
				  election officer.
(b) The chief
				  election officer shall designate state government agencies that provide public
				  assistance and state funded agencies that provide service to persons with
				  disabilities as voter registration agencies.
(c) Voter registration forms, or their
				  equivalents, shall be available at federal, state, and county agency offices
				  and other locations specified by law.
(d) Forms may also be distributed in
				  accordance with procedures established 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 4 - VOTER REGISTRATION › Section 3-177-152 - Voter registration forms; collection

Current through June, 2024
(a) Voter
				  registration forms of new voters shall be received by the clerk no later than
				  4:30 p.m. on the day of the closing of the register for the election for which
				  the applicant seeks to be registered. Voter registration forms received after
				  the closing of the register for an election shall not be valid for that
				  election and shall be processed by the clerk to register the applicant for the
				  next election, except in regard to any person appearing in person at any voter
				  service center on or before election day, who is otherwise eligible to register
				  to vote under HRS §
										11-15.2.
(b) Applicants to be new voters, who are not
				  registering to vote in person at a voter service center, shall submit completed
				  voter registration forms in the following manner:
(1) At designated drop off locations operated
				  by the chief election officer or clerk;
(2) By delivering the completed voter
				  registration form to the clerk or to designated representatives of the clerk.
				  This includes, but is not limited to, any state motor vehicle authority or
				  voter registration agency, as those terms are used in the National Voter
				  Registration Act of 1993, as amended (e.g. driver license offices);
(3) By mailing the completed voter
				  registration form to the clerk, provided that the completed voter registration
				  form shall be mailed directly to the clerk and shall be postmarked no later
				  than the day of the closing of the register for the election for which, the
				  applicant seeks to be registered. If the postmark is illegible or missing, an
				  otherwise acceptable voter registration form shall be effective for an upcoming
				  election:
(A) If the voter registration form
				  is executed on or before the close of registration for that election;
				  and
(B) The voter registration form
				  is received by the clerk by mail no later than the second business day after
				  the close of registration for that election; or
(4) Using the online voter registration
				  system, authorized by HRS §
											11-15.3.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-153 - Voter registration forms; electronic transmission by government agencies

Current through June, 2024
(a) To the extent a
				  government agency serves as a voter registration agency or is associated with a
				  state motor vehicle authority, the agency may electronically transmit the
				  information required to register a voter, if the voter has signed the
				  equivalent of a voter registration form at the voter registration agency. The
				  information transmitted will be considered the equivalent of an original of the
				  voter registration for all purposes. As it relates to the data. sent the voter
				  registration agency shall also send a copy of the digitized signature in the
				  voter registration agency's database. The digitized signature may be used by
				  election officials to validate and confirm a voter's identity in any
				  election-related matter in which a signature is necessary.
(b) "Voter registration agency" for purposes
				  of this rule means any office designated under Section 7(a) (1) of the National
				  Voter Registration Act of 1993, as amended, as a voter registration
				  agency.
(c) "Associated with a
				  state motor vehicle authority" means any office involved in the issuance of a
				  personal identification document typically issued by a state motor vehicle
				  authority under Section 5 of the National Voter Registration Act of 1993, as
				  amended. This includes, but is not limited to, any county licensing examiner in
				  conjunction with the issuance of a deliver license or state identification
				  card.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-154 - Transfer or change of registration initiated by the voter

Current through June, 2024
(a)
				  Once registered to vote the voter need not register again or change the voter's
				  registration ("reregister") for any succeeding election except upon change of
				  name or address. If the voter's name has been removed from the registry, the
				  voter shall be required to register to vote pursuant to Chapter
				  11 HRS.
(b) A voter may be allowed to reregister by
				  completing and submitting any voter registration or related form, to the extent
				  it contains the necessary information for the clerk, to update the
				  registration.
(c) A person shall be
				  allowed to reregister at any time prior to the close of voting on election
				  day.
(d) The date of reregistration
				  shall be determined pursuant to HAR § 3-177-155.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-155 - Clerk's approval; when voter becomes registered

Current through June, 2024
(a)
				  Unless contested by a qualified voter, the clerk may accept, as prima facie
				  evidence, the allegations of the applicant in information required in the voter
				  registration form.
(b) The clerk
				  may require the applicant to furnish substantiating evidence to the allegations
				  in the applicant's voter registration form.
(c) To the extent an applicant has satisfied
				  the clerk of the allegations of the voter registration form either in
				  subsection (a) or (b), the voter will be considered registered as of the date
				  of the receipt of the voter registration form, unless there is a basis for an
				  earlier date.
(1) If a voter registration
				  form was mailed to the clerk by the voter registration deadline but received
				  after the deadline, the date of registration will be the date the form was
				  signed; or
(2) If a voter
				  registration form was delivered to a drop off point or to a designated
				  representative, the date of registration will be the date of receipt at the
				  drop off point or to the 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 4 - VOTER REGISTRATION › Section 3-177-156 - Determination of residence

Current through June, 2024
(a) In addition to
				  the rules for determining residency provided in HRS §
										11-13,
				  the following shall also be applicable in determining the residence of a person
				  for election purposes:
(1) The residence of a
				  person is that place in which the person's habitation is fixed, where the
				  person intends to remain, and when absent, intends to return;
(2) When a person has more than one dwelling:
(A) If a person maintains a homeowner's
				  property tax exemption on one of the dwellings, there shall be a rebuttable
				  presumption that the dwelling subject to the homeowner's, property tax
				  exemption is that person's residence;
(B) If a person claims a renter's tax credit
				  for one of the dwellings, there shall be a rebuttable presumption that the
				  dwelling, subject to the renter's tax credit is that person's residence;
				  and
(C) If a person has not
				  physically lived at any one dwelling within the year immediately preceding the
				  election, there shall be a rebuttable presumption that the dwelling in which
				  the person has not lived at is not the person's residence.
(3) When a residence address does not have a
				  street number- or a person is considered homeless, the following information
				  shall be required:
(A) A description of the
				  location of the residence sufficient to ascertain a voting district and
				  precinct; and
(B) A mailing:
				  address within the state, and where the person is legally entitled and does in
				  fact receive mail.
(4)
				  When a person of this State is employed in the service of the United States, is
				  a student of an institution of learning, or is in an institution, asylum, or
				  prison:
(A) A person does not gain or lose
				  residence in a precinct or this State solely by reason of being present in or
				  absent from a precinct or this State; and
(B) A person once having established.
				  residency in a precinct shall be allowed to register and vote and to continue
				  to vote from the address at which the. person is registered even though, while
				  residing outside of the precinct or the State, the person no longer has a place
				  of abode in the precinct and the person's intent to return to the precinct may
				  be uncertain.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-157 - National Voter Registration Act of 1993, as amended; general program to remove ineligible voters, using change of address information supplied by the postal service

Current through June, 2024
(a) The clerk
				  shall, in accordance with Section 8(a)(4) of the National Voter Registration
				  Act of 1993, as amended, conduct a general program that makes a reasonable
				  effort to remove the names of ineligible voters by reason of death or change in
				  residence, in accordance with Section 8 (b), (c), and (d), from the lists of
				  eligible voters.
(b) The clerk may
				  meet the requirements of subsection (a) of this rule by establishing a program
				  under, which
(1) Change-of-address
				  information supplied by the U.S. Postal Service through its licensees is used
				  to identify registrants whose addresses may have changed; and
(2) If it appears from information provided
				  by the U.S. Postal Service that-
(A) A
				  registrant, has moved to a different, residence address in the same county in
				  which the registrant is currently registered, the clerk changes the
				  registration record to show the new address and sends the registrant a notice
				  of the change by forwardable mail. and a postage prepaid preaddressed return
				  form by which the registrant may verify or correct the address information;
				  or
(B) The registrant has moved to
				  a different residence address not. in the same county, the clerk, uses the
				  notice procedure described in Section 8(d)(2) of the National Voter
				  Registration Act of 1993, as amended, to confirm the change of
				  address.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-158 - Transfer or change of registration initiated by the, clerk

Current through June, 2024
(a) The clerk shall use all reliable and
				  pertinent information to keep the general county register up to date.
(b) The clerk may request information from
				  the courts, the department of health, utility companies, condominium and
				  apartment associations, and other agencies to gather information to keep the
				  register up to date.
(c) Where the
				  clerk has evidence indicating that a voter's registration should be
				  transferred, the clerk shall notify the registered voter by first class mail of
				  the intent to transfer. The notice shall include:
(1) Any evidence indicating why the transfer
				  or change should be made;
(2) The
				  residence, and district of the voter according to current registration lists
				  and any alleged new address and district;
(3) A reply form for the voter to agree or
				  object to the transfer, to list the voter's reasons for the objection, and to
				  sign; and
(4) A statement informing
				  the voter to complete and return the reply form to the clerk by 4:30 p.m. on
				  the tenth day after the form was mailed to prevent the transfer of registration
				  from being completed.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-159 - Confidential registration

Current through June, 2024
(a) A person can
				  apply to keep confidential the person's residence address and telephone number,
				  as provided in the person's voter registration form, if the person can show
				  good cause that:
(1) Life threatening
				  circumstances exist to the person or a member of that person's
				  family;
(2) Risk of bodily harm
				  exists to the person or a member of that person's family; or.
(3) The person would be subject to. an
				  unwarranted invasion of privacy.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 4 - VOTER REGISTRATION › Section 3-177-160 - Voter registration information; prohibited uses

Current through June, 2024
(a)
				  Voter registration, forms, the general county register, the statewide voter
				  registration system, or any lists or data prepared therefrom shall be released
				  or used for election or government purposes only, unless otherwise provided by
				  law.
(b) Notwithstanding subsection
				  (a), a voter's full name, district/precinct designation, and voter status is
				  public information available for any purpose.
(c) Voter registration information that is
				  not public under subsection (b), excluding the voter's full or Last four digits
				  of the social security number, driver, license number, state identification
				  card number, electronic mail address, telephone number, or date of birth, may,
				  as determined by the clerk, be made available for an election purpose (e.g. the
				  clerk may not disclose information they determine would interfere with the
				  operations of elections or unduly compromise the- privacy of voters) At a
				  minimum, unless otherwise prohibited by law, the residence address and mailing
				  address will be provided.
(d) Voter
				  registration information that is not public under subsection (b) may be made
				  available to federal, state or county government agencies for government
				  purposes.
(e) The following
				  constitutes a non-exhaustive list of election or government purposes, unless
				  otherwise provided by law:
(1) To support or
				  oppose any candidate or incumbent for partisan or nonpartisan office;
(2) To support or oppose any proposed or
				  existing ballot measure, proposition, or issue;
(3) To support or encourage voter
				  registration or the voting process;.
(4) To authorized government officials who,
				  by the nature of their official responsibilities, must have access to the voter
				  registration information for legitimate government purposes within the scope of
				  their official duties;
(5) To
				  challenge the right of any person to vote or to seek public office;
				  or.
(6) To satisfy the requirements
				  of HRS §
											11-62
				  or HRS §
											11-113.
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 3-177-200 - Prerequisites and grounds for challenge

Current through June, 2024
(a) Any registered
				  voter may challenge the right of a person to be or to remain registered as a
				  voter for any cause not previously decided by the board of registration or the
				  courts in respect to the same person.
(b) Any voter rightfully in a voter service
				  center may challenge the right to vote of any person who comes to the voter
				  service center for voting purposes.
(c) The challenge shall be only on the
				  following grounds:
(1) The person is not who
				  the person claims to be; or
(2) The
				  person 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 5 - VOTER CHALLENGES AND APPEALS › Section 3-177-201 - Challenges in writing not occurring in a voter service center; procedure

Current through June, 2024
(a) A challenge in writing not occurring in a
				  voter service center, shall be delivered to the clerk, setting forth the
				  grounds upon which it is based and signed by the person making the
				  challenge.
(b) The clerk shall
				  immediately notify the person challenged.
(c) The clerk shall, as soon as possible,
				  investigate and rule upon the challenge.
(d) The clerk shall notify the challenger and
				  the person challenged in writing of the clerk's decision. The clerk shall also
				  notify the person ruled against of the person's right to appeal to the board
				  within ten days of service of the adverse decision. Service of the decision
				  shall be made personally or by registered mail, which shall be deemed complete
				  upon deposit in the mail, postage prepaid, and addressed to each party's last
				  known address.
(e) If an appeal is
				  filed, both the challenger and the challenged voter shall be parties to the
				  appeal.
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 3-177-202 - Appeal to the board from a clerk's ruling on a challenge in writing not occurring in a voter service center

Current through June, 2024
(a) Any appeal of
				  the clerk's ruling that did not occur at a voter service center shall be made
				  in writing by filing a notice of appeal with the respective clerk's office
				  addressed to the chairperson of the board of registration within ten days of
				  service of the clerk's decision. The notice of appeal shall include a statement
				  of the clerk's-decision being appealed, the grounds upon which it is being
				  contended that the clerk's decision is erroneous, and the name of the person
				  challenged. The appeal shall be exempted from the provisions of HRS Chapter
				  91, regarding contested case
				  hearings.
(b) The board may hold an
				  informal pre-hearing conference for the purpose of:
(1) Simplifying and clarifying
				  issues;
(2) Making necessary or
				  desirable amendments to the notice of the charges, or its answer, if
				  any;
(3) Obtaining admissions of
				  fact or documents to avoid unnecessary proof;
(4) Limiting the number of expert witnesses;
				  and
(5) Reviewing any other
				  materials that may aid in the reasonable and expeditious disposition of the
				  matter.
Notice and opportunity to participate shall be given to
					 each party and each party's attorney. The entire board or one of its members
					 designated for such purpose shall preside at the conference. Prejudicial
					 comment or conclusion on any issue being controverted shall not be made or
					 stated at any time by any member or the presiding member of the board. Minutes
					 of the conference shall be kept, and agreements shall be concisely
					 noted.
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 3-177-203 - Challenge at the voter service center; procedure

Current through June, 2024
(a) A
				  challenge at the voter service center shall be brought to the clerk or their
				  designated agent. It need not be in writing.
(b) The challenged, voter shall-be given the
				  opportunity to make a correction to the voter's registration pursuant to HRS
				  §
										11-21.
(c) The challenge shall be considered and
				  decided immediately by the clerk, and the ruling shall be announced. To the
				  extent the clerk is not physically available, the clerk may hear the matter by
				  telephone, videoconference, or similar technology, or delegate their authority
				  to another to consider and decide the challenge.
(d) The clerk shall inform the person decided
				  against that the person may appeal the decision to the board at that
				  time.
(e) The appeal shall be made
				  either before the challenged voter casts a regular ballot, or before either the
				  challenger or the challenged voter leaves the voter service center, whichever
				  is earlier.
(f) If no appeal is
				  made the decision of the clerk shall stand. The challenged voter is allowed to.
				  vote on a regular ballot, or is not allowed to vote, in accordance with the
				  decision.
(g) If an appeal is made
				  the procedures set forth in HAR § 3-177-204 shall be followed.
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 3-177-204 - Appeal to the board from decision at the voter service center

Current through June, 2024
(a) In the case of an appeal from a decision
				  rendered by the clerk at the voter service center the challenged voter shall
				  vote on a challenged ballot. The clerk shall collect and submit the facts
				  of-the challenge to the board. The voting of the challenged ballot and the
				  board's hearing shall be conducted in accordance with the procedures in
				  subsection (b).
(b) If an appeal is
				  made to the board from a decision rendered by the clerk at the voter service
				  center, the clerk shall:
(1) Direct the voter
				  to vote the challenged ballot and to place the ballot, in the utility envelope
				  provided for this purpose;
(2) Seal
				  the envelope after the voter has voted and print the following information on
				  the face of the envelope the words "challenged ballot," the voter's name, the
				  district, and the time the ballot was received by the clerk; and
(3) Secure the ballot so it may be segregated
				  and await the disposition of the board of registration.