Hawaii Election Code

Chapter 11 – Elections, Generally

PART I. GENERAL PROVISIONS

§11-1 Definitions. Whenever used in this title, the words and phrases in this title shall, unless the same is inconsistent with the context, be construed as follows:
“Ballot” means a ballot, including an absentee ballot, that is 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. “Ballot” includes a ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. 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.
“Business day” means any day excluding Saturdays, Sundays, and state or federal holidays.
“Chief election officer”, the individual appointed by the elections commission pursuant to section 11-1.6 to supervise state elections.
“Clerk”, the county clerks of the respective counties.
“County”, the counties of Hawaii, Maui, Kauai, and the city and county of Honolulu, as the context may require. For the purposes of this title, the county of Kalawao shall be deemed to be included in the county of Maui.
“District” means, unless otherwise specified, the district of political representation with the fewest eligible voters in a particular election.
“Election”, all elections, primary, special primary, general, special general, special, or county, unless otherwise specifically stated.
“Election officials” means persons designated as officials by the chief election officer.
“Electronic transmission” means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot.
“Hawaiian”, any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter have continued to reside in Hawaii.
“Office”, an elective public office.
“Place of deposit” means a site within the county of the voter’s registration address designated pursuant to section 11-109 for the purpose of receiving return identification envelopes in an election conducted by mail pursuant to part VIIA.
“Political party” or “party”, a political party qualified under part V of this chapter.
“Primary”, a preliminary election in which the voters nominate candidates for office as provided for in chapter 12.
“Runoff election” means any single election required by county charters preceded by an election that failed to elect a candidate.
“Service bureau” means a firm registered to do business in the State and whose principal business is furnishing data processing services.
“Special election”, any single election required by law when not preceded by an election to nominate those candidates whose names appear on the special election ballot.
“Special primary election” and “special general election”, elections held only (a) whenever any vacancy occurs in the offices of United States senator, United States representative, state senator, or state representative because of failure to elect a person at an uncontested general election or (b) as specified in county charters.
“Voter”, any person duly registered to vote.
“Voter service center” means a location within the county of the voter’s registration address established pursuant to section 11-109 to serve all of the following purposes:
(1) Receive return envelopes for absentee ballots pursuant to chapter 15;
(2) Receive return identification envelopes in an election by mail conducted pursuant to part VIIA;
(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 to persons with disabilities;
(4) Provide any other voting services as provided by law; 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.

“Voter turnout”, means the total number of voters at an election as determined by the number of ballot cards tabulated by the computer or of paper ballots counted by the precinct officials. When there is more than one ballot card issued to each voter, “voter turnout” means the total count of the alpha ballot card with the highest number of cards tabulated by the computer. Ballots that are blank or ballots that are rejected for any reason shall be included in the count of the total number of voters.

“Voting system” means the use of paper ballots, electronic transmission, voting machines, elections by mail pursuant to part VIIA, absentee voting pursuant to chapter 15, or any system by which votes are cast and counted. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(a); am L 1979, c 196, §3; am L 1980, c 264, §1(a); am L 1987, c 232, §1; am L 1990, c 156, §4; am L Sp 1995, c 27, §§3, 15; am L 1996, c 239, §1; am L 1998, c 22, §1; am L 1999, c 141, §§3, 4; am L 2004, c 57, §7; am L 2019, c 136, §4]

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

§11-1.55 Exemptions. The office of elections shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the office of elections without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller. [L 2004, c 57, §2]

The office of elections shall follow all applicable personnel laws.

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

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

§§11-2.5 to 2.7 REPEALED. L 2004, c 57, §§10 to 12..

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

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

§11-4 Rules. The chief election officer may make, amend, and repeal rules governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar matters relating thereto as in the chief election officer’s judgment shall be necessary to carry out this title.
In making, amending, and repealing rules for voters who cannot vote in person or receive or return ballots by mail, and all other voters, the chief election officer shall provide for voting by these persons in a manner that ensures secrecy of the ballot and precludes tampering with the ballots of these voters and other election frauds. The rules, when adopted in conformity with chapter 91 and upon approval by the governor, shall have the force and effect of law. [L 1970, c 26, pt of §2; gen ch 1985; am L 2019, c 136, §5]

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

[§11-6] Petitions; withdrawal of signatures. Wherever in this chapter the signatures of registered voters are required on a petition, any voter who, after signing a petition, seeks to withdraw the voter’s signature may do so by providing notice in writing to the chief election officer any time before the filing of the petition. The notice shall include the name, social security number, address, and birthdate of the voter and must be signed by the voter with the name under which the voter is registered to vote. Upon receipt of that notice containing the information required by this section, the chief election officer shall notify the group or individual to whom the petition was issued and the signature of the individual shall not be counted. [L 1993, c 304, §1]

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

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

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

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

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

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

PART II. REGISTRATION

§11-11 Registration. A person who registers as required by law shall be entitled to vote at any election provided that the person shall have attained the age of eighteen at the time of that election. The county clerk shall be responsible for voter registration in the respective counties and the keeping of the general register and precinct lists within the county. [L 1970, c 26, pt of §2; am L 1976, c 106, §1(1); am L 1984, c 90, §1]

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

§11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person’s spouse. The following rules shall determine residency for election purposes only:
(1) The residence of a person is that place in which the person’s habitation is fixed, and to which, whenever the person is absent, the person has the intention to return;
(2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person’s permanent dwelling place within such precinct;
(3) If a person resides with the person’s family in one place, and does business in another, the former is the person’s place of residence; but any person having a family, who establishes the person’s dwelling place other than with the person’s family, with the intention of remaining there shall be considered a resident where the person has established such dwelling place;
(4) The mere intention to acquire a new residence without physical presence at such place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish such place as the person’s residence;
(5) A person does not gain or lose a residence solely by reason of the person’s presence or absence while employed in the service of the United States or of this State, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in a prison;
(6) No member of the armed forces of the United States, the member’s spouse or the member’s dependent is a resident of this State solely by reason of being stationed in the State;
(7) A person loses the person’s residence in this State if the person votes in an election held in another state by absentee ballot or in person.
In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(1); am L 1977, c 189, §1(1); am L 1984, c 90, §1]

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

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

§11-14.6 REPEALED. L 1997, c 157, §3.

§11-15 Application to register.
(a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit.
The affidavit shall contain the following information:
(1) Name;
(2) The applicant’s Hawaii driver’s license number or Hawaii state identification card number; provided that:
(A) If no driver’s 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) Residence, including mailing address;
(5) 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; and
(6) That the person is a citizen.
An application to register to vote shall include a space to request a permanent absentee ballot.
(b) The applicant shall swear 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. Unless contested by a qualified voter, the clerk may accept, as prima facie evidence, the allegation of the applicant in information required in the affidavit in subsection (a)(5). In any other case where the clerk shall so desire or believe the same to be expedient, the clerk may demand that the applicant furnish substantiating evidence to the allegations of the applicant’s application.
(c) The applicant shall then affix the applicant’s signature to the affidavit. In the case where an applicant is unable to write for the reason of illiteracy, blindness, or other physical disability, the applicant’s mark shall be witnessed by another person who shall sign the affidavit in the space provided. A voter having once been registered shall not be required to register again for any succeeding election, except as provided in this chapter. Affidavits approved by the clerk shall thereupon be numbered appropriately, filed by the clerk, and kept available for election or government purposes in accordance with procedures established by section 11-97. Approved voter registration transactions conducted through the online voter registration system established pursuant to section 11-15.3 shall be assigned a transaction number in a manner that is substantially similar to the numbering of affidavits.
(d) The clerk may designate a subordinate or subordinates to act in the clerk’s place in all matters covered by this section, except that no candidate shall be eligible to serve as a subordinate. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(f); am L 1974, c 34, §1(a); am L 1976, c 106, §1(4); am L 1979, c 196, §4; am L 1981, c 107, §1 and c 195, §1; gen ch 1985; am L 1989, c 111, §1; am L 1990, c 45, §§2, 3 and c 156, §6; am L 1998, c 23, §2; am L 2011, c 142, §1; am L 2012, c 225, §3; am L 2016, c 167, §2]

[§11-15.2] Late registration. (a) Notwithstanding the closing of the general county register pursuant to section 11-24, a person who is eligible to vote but is not registered to vote may register by appearing in person at any voter service center on or before election day.
(b) The clerk shall designate a registration clerk, who may be an election official, at each voter service center.
(c) The registration clerk shall process applications for any person not registered to vote who submits a signed affidavit in accordance with section 11-15, which shall include a sworn affirmation:
(1) Of the person’s qualification to vote;
(2) Acknowledging that the person has not voted and will not attempt to vote again in that election, and has not cast and will not cast any absentee ballot pursuant to chapter 15 in that election; and
(3) Acknowledging that providing false information may result in a class C felony, punishable by a fine not exceeding $1,000 or imprisonment not exceeding five years, or both.
(d) The registration clerk may accept, as prima facie evidence, the allegation of the person in the application regarding the person’s residence in accordance with section 11-15(b), unless the allegation is contested by a qualified voter. The registration clerk may demand that the person furnish substantiating evidence to the other allegations of the person’s application in accordance with section 11-15(b).
(e) Registration may be challenged in accordance with section 11-25.
(f) Notwithstanding subsection (a), registration pursuant to this section may also be used by a person who is registered to vote but whose name cannot be found on the county register.
(g) The clerk of each county shall add persons who properly register under this section to the respective general county register. Within thirty days of registration, the clerk shall mail to the person a notice including the person’s name, current street address, district, and date of registration. A notice mailed pursuant to this subsection shall serve as prima facie evidence that the person is a registered voter as of the date of registration. [L 2014, c 166, §1; am L 2019, c 136, §6]

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

[§11-15.5] Duties of all state agencies; voter registration. Each state agency that deals with the public shall make available to each member of the public eighteen years of age or older an application in the form of an affidavit for voter registration pursuant to section 11-15. The application shall be available by mail or in person depending on the manner in which the agency’s services are requested by the person. The form of the application may be identical to that described and found in public telephone directories. [L 1993, c 100, §1]

Cross References

Election services, provisions, and charges, see §16-3.

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

§11-17 Removal of names from register, when; reregistration. (a) The clerk, no later than 4:30 p.m. on the sixtieth day after every general election, shall remove the name of any registered voter who did not vote in that general election, and also did not vote in the primary election preceding that general election, and also did not vote in the previous general election, and also did not vote in the primary election preceding that general election, and also did not vote in the regularly scheduled special elections held in conjunction with those primary and general elections, if any, with the exception of:
(1) Those who submitted written requests for absentee ballots as provided in section 15-4; or
(2) Anyone who preregistered pursuant to section 11-12(b).

If a person voted, at least once, in any of the above-mentioned elections, the person’s name shall remain on the list of registered voters. For this purpose, “vote” means the depositing of the ballot in the ballot box regardless of whether the ballot is blank or later rejected for any reason. In the case of voting machines, “vote” means the voter has activated the proper mechanism and fed the ballot into the machine. In the case of an election by mail pursuant to part VIIA, “vote” means the voter has returned the ballot to the chief election officer or clerk by the United States Postal Service, by personal delivery of the ballot to a place of deposit or voter service center, or by electronic transmission under certain circumstances pursuant to part VIIA.
(b) The clerk shall also identify or remove the name of any registered voter if the clerk, after mailing a notice or other correspondence, properly addressed, with postage prepaid, receives the notice or other correspondence as return mail with a postal notation that the notice or other correspondence was not deliverable. On election day, any person identified or removed shall have the person’s name corrected or restored in the register and shall be allowed to vote if the person completes an affidavit or other form prescribed by the chief election officer affirming that the person:
(1) Claims the person’s legal residence at the address listed on the register;
(2) Changed the person’s legal residence after the closing of the register for that election; or
(3) Moved to a new residence within the same district as the person’s residence as listed on the register.
(c) The clerk may remove the name of any registered voter, if the voter so desires and properly notifies the clerk pursuant to the procedures established by the chief election officer.
(d) Any person whose name has been removed from the register, at any time prior to the closing of the register, as provided in section 11-24, may have that person’s name restored in the register by presenting oneself to the clerk and reregistering pursuant to section 11-15, or by making application by mail or otherwise pursuant to procedures established by the clerk. The clerk shall require satisfactory evidence to establish the identity of the applicant. The names of all those persons shall be reentered in the register. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(g); am L 1975, c 36, §1(3); am L 1976, c 106, §1(5); am L 1981, c 195, §2; am L 1982, c 226, §1; am L 1983, c 124, §1; am L 1987, c 273, §1; am L 1990, c 45, §5 and c 134, §2; am L 1993, c 24, §2; am L 1994, c 119, §1; am L 2019, c 136, §7]

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

§11-19 Registration from one county to another. Whenever a registered voter changes residence from one county to another, the person shall notify the clerk and change the registration to the proper county by the appropriate registration deadline; provided that no change of registration shall be allowed after the close of registration for an election except pursuant to section 11-21(c). Thereupon, if the person applying is legally qualified to register, the clerk shall accept the registration and shall immediately thereafter forward to the clerk of the county in which the person was formerly registered, a notice that the name of the registered voter is to be removed from the general county register of that county. [L 1970, c 26, pt of §2; am L 1972, c 77, §2; am L 1973, c 217, §1(i); gen ch 1985; am L 1987, c 273, §3; am L 1992, c 129, §2]

§11-20 Transfers; name changes; initiated by clerk. (a) The clerks shall use all reliable and pertinent information to keep the general register up to date. The county clerks may request information from, but are not limited to, the following sources:
(1) The office of the lieutenant governor for any change of name;
(2) Courts for any changes of name, divorces, separations, or other changes affecting voter status;
(3) The department of health for marriages, deaths, or other changes affecting voter status;
(4) Utility companies concerning commencement or changes of service;
(5) Residential apartments, cooperative apartments, and condominiums as to changes of occupancy.
In requesting the information the clerk shall give reasonable notice and time for furnishing the information.
(b) If the clerk has evidence indicating that a voter’s registration should be transferred, the clerk shall notify the person by first-class mail of the intent to transfer registration. The notification shall include:
(1) Any evidence that the clerk may have indicating why a transfer or change should be made;
(2) The residence, precinct, and district of the voter according to current registration lists;
(3) Any alleged new address, precinct, and district;
(4) A reply form which shall contain a space for the voter’s agreement or objection to the transfer, the reasons for the objection and space for the voter’s signature;
(5) Notice that unless the completed form is returned not later than 4:30 p.m. on the fifteenth day after mailing, the transfer shall be processed.
(c) A voter may contest the transfer on or before election day by presenting evidence that the voter actually resides at the old address which, if found valid by the clerk or the board of registration, shall entitle the voter to be returned to the old voting list.
(d) Notwithstanding section 11-24, the clerk may, at any time, transfer a voter’s registration when notice of a change of address is received by registration affidavit or other form or means approved by the chief election officer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(j); am L 1984, c 64, §1; am L 1994, c 119, §2]

§11-21 Change of name, transfer on election day. (a) The clerk may designate a registration clerk, who may be an election official, at a voter service center in the county on the day of the election.
(b) These registration clerks shall take applications for change of name from voters who have been married or who have had their names changed since the last election.
(c) Any person whose name appears on the registered voters list whose residence has changed since the last election, and whom the clerk has not transferred under section 11-20, may apply on a form prescribed by the chief election officer on the day of the election for transfer of registration to the district of the new residence. Any person so transferring voter registration shall be immediately added to the register of the new district.
(d) Where a person was incorrectly placed on a list of voters of a district in which the person does not actually reside, the person may correct the registration. [L 1970, c 26, pt of §2; am L 1972, c 77, §3; am L 1984, c 64, §2; am L 1985, c 203, §2; am L 1987, c 273, §4; am L 1992, c 129, §§3, 4; am L 2019, c 136, §8]

§11-22 Changing register; correction of errors. (a) The clerk shall correct the register if at any time it shall be manifest to the clerk that the name of a person registered has been accidentally misspelled, or that the person has been misnamed therein, or that the person has been accidentally registered under the wrong district, or that the person was accidentally removed pursuant to section 11-17(a), or that the name of the person should be corrected or restored pursuant to section 11-17(b).
(b) In any case where the clerk refuses to correct the register, the person may appeal to the board of registration and the register shall be changed upon a written order of the board of registration, setting forth the reasons for the change. The order shall be directed to the clerk. The clerk, upon receipt of any order from the board of registration, shall correct the register according to the terms of the order, making on the register a reference to the order. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(k); gen ch 1985; am L 1990, c 45, §6; am L 2019, c 136, §9]

§11-23 Changing register; striking names of disqualified voters. (a) Whenever the clerk receives from the department of health or any informing agency, information of the death, loss of voting rights of a person sentenced for a felony as provided in section 831-2, adjudication as an incapacitated person under the provisions of chapter 560, loss of citizenship, or any other disqualification to vote, of any person registered to vote in that county, or who the clerk has reason to believe may be registered to vote therein, the clerk shall thereupon make such investigation as may be necessary to prove or disprove the information, giving the person concerned, if available, notice and an opportunity to be heard. If after the investigation the clerk finds that the person is dead, or incapacitated to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning voting, or has lost voting rights pursuant to section 831-2, or has lost citizenship, or is disqualified for any other reason to vote, the clerk shall remove the name of the person from the register.
(b) The clerk shall make and keep an index of all information furnished to the clerk under any requirements of law concerning any of the matters in this section. Whenever any person applies to register as a voter, the clerk shall, before registering the person, consult the index for the purpose of ascertaining whether or not the person is in any manner disqualified to vote. Any person whose name is removed from the register of voters under this section may appeal in the manner provided by sections 11-26 and 11-51, and such proceedings shall be had upon the appeal as in other appeals under these sections. [L 1970, c 26, pt of §2; am L 1980, c 198, §1; am L 1983, c 34, §1; am L 2002, c 15, §2]

§11-24 Closing register. (a) At 4:30 p.m. on the thirtieth day prior to each primary, special primary, or special election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter, the general county register shall be closed to registration for persons seeking to vote at the primary, special primary, or special election and remain closed to registration until after the election, subject to change only as provided in sections 11-21(c), 11-22, 11-25, 11-26, and this section.
(b) Notwithstanding the closing of the register for registration to vote at the primary or special primary election, the register shall remain open for the registration of persons seeking to vote at the general or special general election, until 4:30 p.m. on the thirtieth day prior to the general or special general election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter, at the end of which period the general county register shall be closed to registration and remain closed until after the general or special general election next following, subject to change only as provided in sections 11-21(c), 11-22, 11-25, and 11-26. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(1); am L 1976, c 106, §1(6); am L 1977, c 189, §1(3); am L 1979, c 139, §3; am L 1990, c 156, §7; am L 1992, c 129, §5; am L 2012, c 225, §4]

§11-25 Challenge by voters; grounds; procedure. (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 supreme court in respect to the same person. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the clerk who shall immediately serve notice thereof on the person challenged. The clerk shall, as soon as possible, investigate and rule on the challenge.
(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. The challenge shall be on the grounds that the voter is not the person the voter alleges to be, or that the voter is not entitled to vote. No other or further challenge shall be allowed. Any person challenged pursuant to this subsection shall first be given the opportunity to make the relevant correction pursuant to section 11-21. The challenge shall be considered and decided immediately by the clerk, and the ruling shall be announced.
(c) If neither the challenger nor the challenged voter appeals the ruling of the clerk, then the voter shall either be allowed to vote or be prevented from voting in accordance with the ruling. If an appeal is taken to the board of registration, the challenged voter shall be allowed to vote; provided that the ballot is placed in a sealed envelope to be later counted or rejected in accordance with the ruling on appeal. The chief election officer shall adopt rules in accordance with chapter 91 to safeguard the secrecy of the challenged voter’s ballot. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(m); am L 1979, c 139, §4 and c 196, §5; am L 1980, c 137, §1; am L 1985, c 203, §3; am L 2014, c 166, §2; am L 2019, c 136, §10]

§11-26 Appeal from ruling on challenge; or failure of clerk to act. (a) In cases where the clerk, or precinct officials, rules on a challenge on election day, the person ruled against may appeal from the ruling to the board of registration of the person’s county for review under part III. The appeal shall be brought before the challenger and challenged party leave the polling place. If an appeal is brought, both the challenger and the challenged voter may be parties to the appeal.
(b) In cases where the clerk rules on a challenge, prior to election day, or refuses to register an applicant, or refuses to change the register under section 11-22, the person ruled against may appeal from the ruling to the board of registration of the person’s county. The appeal shall be brought 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 mails, postage prepaid, and addressed to the aggrieved person’s last known address. If an appeal from a decision on a challenge prior to election day is brought, both the challenger and the challenged voter may be parties to the appeal.
(c) If the appeal is sustained, the board shall immediately certify that finding to the clerk, who shall thereupon alter the register to correspond to the findings of the board, and when necessary, the clerk shall notify the precinct officials of the change in the register. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(n); am L 1980, c 264, §1(c); gen ch 1985; am L 1990, c 45, §7]

PART III. BOARDS OF REGISTRATION

§11-41 Boards of registration, appointment, tenure. (a) There shall be four boards of registration: one for the island of Hawaii; one for the islands of Maui, Molokai, Lanai, and Kahoolawe; one for the island of Oahu; and one for the islands of Kauai and Niihau. The boards, which shall be in the department of accounting and general services for administrative purposes, shall consist of three members each and shall be appointed by the governor by and with the advice and consent of the senate; their terms of office shall be four years.
(b) In no case shall any board consist entirely of members of one political party.
(c) The several boards of registration shall sit in the county seats of their respective counties on election day. The boards shall also sit at such other times as the clerk determines within the various representative districts in their respective counties to hear appeals, provided there are any, from the voters registered within such districts. The boards shall continue their sittings until all appeals have been heard.
(d) Reasonable notices of the sitting of the boards shall be given in their respective districts or counties. [L 1970, c 26, pt of §2; am L 1980, c 264, §1(d); am L 1983, c 34, §2; am L 1998, c 2, §3; am L 2005, c 199, §1]

§11-42 Compensation. Members of the boards of registration shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91. [L 1970, c 26, pt of §2; am L 1979, c 133, §1; am L 1987, c 210, §1; am L 1998, c 56, §1].

§11-43 Powers; procedures. (a) Each board of registration is given all of the powers and authority for the summoning and examining of witnesses and the maintenance of order, including the power to punish for contempt and award witness fees in accordance with section 621-7, by law given to circuit courts.
(b) Every member of the board of registration may administer oaths in all cases in which oaths are by law authorized.
(c) The procedures for challenges and appeals under sections 11-25 and 11-26 and this part shall be exempt from the provisions of chapter 91 regarding contested case hearings, but shall be administered according to rules adopted by the chief election officer. [L 1970, c 26, pt of §2; am L 1990, c 45, §8]

§11-44 Records of proceedings. The several boards of registration shall each keep books of record in which full and detailed minutes shall be preserved of all their proceedings. The minutes shall be kept from day to day, and shall contain:
(1) The date and place of the meeting;
(2) The names of the members of the board present;
(3) The name of each person to whom an oath is administered, and, if an examination is held, the names of the witnesses and the substance of the answers of the applicant and of the witnesses;
(4) The name of any person challenging the right of any applicant to register, the grounds of challenge, the name of the person challenged, and the decision rendered thereon; and
(5) All other matters of detail which are likely to have a bearing upon any question concerning the action of the board or of any person appearing before it. [L 1970, c 26, pt of §2]

PART IV. APPEAL FROM BOARD OF REGISTRATION

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure.

§11-51 Appeal from board. Any affected person, political party, or any of the county clerks, may appeal to the intermediate appellate court, subject to chapter 602, in the manner provided for civil appeals from the circuit court; provided that the appeal is brought no later than 4:30 p.m. on the tenth day after the board serves its written decision, including findings of fact and conclusions of law, upon the appellant. This written decision of the board shall be a final appealable order. The board shall not consider motions for reconsideration. Service upon the appellant shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the appellant’s last known address. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(o); am L 1979, c 111, §25; am L 1990, c 45, §9; am L 2004, c 202, §1]

§11-52 Hearing; decision final. When the appeal is perfected, the court shall hear the appeal as soon thereafter as may be reasonable. [L 1970, c 26, pt of §2; am L 2004, c 202, §2].

§11-53 Decision, notice; action on. Immediately upon rendering a final decision upon any appeal, the court shall notify the board of registration from which the appeal was taken; and if the decision reverses the decision of the board, the board shall immediately order the register to be corrected to conform with the decision. [L 1970, c 26, pt of §2; am L 2004, c 202, §3]

§11-54 Status pending appeal. In case of an appeal from a decision of any board of registration the name of the person shall be placed or remain upon the register pending the decision of the appellate courts concerning the same. If the person so registered votes at any election before the appeal is decided and acted upon, the ballot of such voter shall be handled in accordance with section 11-25(c). [L 1970, c 26, pt of §2; am L 2004, c 202, §4]

PART V. PARTIES

§11-61 “Political party” defined. (a) The term “political party” means any party which has qualified as a political party under sections 11-62 and 11-64 and has not been disqualified by this section. A political party shall be an association of voters united for the purpose of promoting a common political end or carrying out a particular line of political policy and which maintains a general organization throughout the State, including a regularly constituted central committee and county committees in each county other than Kalawao.
(b) Any party which does not meet the following requirements or the requirements set forth in sections 11-62 to 11-64, shall be subject to disqualification:
(1) A party must have had candidates running for election at the last general election for any of the offices listed in paragraph (2) whose terms had expired. This does not include those offices which were vacant because the incumbent had died or resigned before the end of the incumbent’s term; and
(2) The party received at least ten per cent of all votes cast:
(A) For any of the offices voted upon by all the voters in the State; or
(B) In at least fifty per cent of the congressional districts; or
(3) The party received at least four per cent of all the votes cast for all the offices of state senator statewide; or
(4) The party received at least four per cent of all the votes cast for all the offices of state representative statewide; or
(5) The party received at least two per cent of all the votes cast for all the offices of state senate and all the offices of state representative combined statewide. [L 1970, c 26, pt of §2; am L 1979, c 125, §3(1); am L 1983, c 34, §3; am L 1986, c 323, §1; am L 1997, c 287, §1; am L 1999, c 205, §1]

§11-62 Qualification of political parties; petition. (a) Any group of persons hereafter desiring to qualify as a political party for election ballot purposes in the State shall file with the chief election officer a petition as provided in this section. The petition for qualification as a political party shall:
(1) Be filed not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary;
(2) Declare as concisely as may be the intention of signers thereof to qualify as a statewide political party in the State and state the name of the new party;
(3) Contain the name, signature, residence address, date of birth, and other information as determined by the chief election officer of currently registered voters comprising not less than one-tenth of one per cent of the total registered voters of the State as of the last preceding general election;
(4) Be accompanied by the names and addresses of the officers of the central committee and of the respective county committees of the political party and by the party rules; and
(5) Be upon the form prescribed and provided by the chief election officer.
(b) The petition shall be subject to hearing under chapter 91, if any objections are raised by the chief election officer or any other political party. All objections shall be made not later than 4:30 p.m. on the twentieth business day after the petition has been filed. The chief election officer may extend the objection period up to an additional ten business days, if the group of persons desiring to qualify as a political party is provided with notice of extension and the reasons therefor. If no objections are raised by 4:30 p.m. on the twentieth business day, or the extension thereof, the petition shall be approved. If an objection is raised, a decision shall be rendered not later than 4:30 p.m. on the thirtieth day after filing of the objection or not later than 4:30 p.m. on the one hundredth day prior to the primary, whichever shall first occur.
(c) The chief election officer may check the names of any persons on the petition to see that they are registered voters and may check the validity of their signatures. The petition shall be public information upon filing.
(d) Each group of persons desiring to qualify as a political party, having first qualified as a political party by petition under this section, and having been qualified as a political party for three consecutive general elections by petition or pursuant to section 11-61(b), shall be deemed a political party for the following ten-year period. The ten-year period shall begin with the next regularly scheduled general election; provided that each party qualified under this section shall continue to field candidates for public office during the ten-year period following qualification. After each ten-year period, the party qualified under this section shall either remain qualified under the standards set forth in section 11-61, or requalify under this section 11-62. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(p); am L 1983, c 34, §4; am L 1986, c 323, §2; am L 1993, c 304, §4; am L 1997, c 287, §2; am L 1998, c 33, §1; am L 1999, c 205, §2]

§11-63 Party rules, amendments to be filed. All parties must file their rules with the chief election officer not later than 4:30 p.m. on the one hundred fiftieth day prior to the next primary. All amendments shall be filed with the chief election officer not later than 4:30 p.m. on the thirtieth day after their adoption. The rules and amendments shall be duly certified to by an authorized officer of the party and upon filing, the rules and amendments thereto shall be a public record. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(q); am L 1983, c 34, §5; am L 1986, c 323, §3]

§11-64 Names of party officers to be filed. All parties shall submit to the chief election officer and the respective county clerks not later than 4:30 p.m. on the ninetieth day prior to the next primary, a list of names and addresses of officers of the central committee and of the respective county committees. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(r); am L 1983, c 34, §6]

§11-65 Determination of party disqualification; notice of disqualification. (a) Not later than 4:30 p.m. on the one hundred twentieth day after a general election, the chief election officer shall determine which parties were qualified to participate in the last general election, but which have become disqualified to participate in the forthcoming elections. Notice of intention to disqualify shall be served by certified or registered mail on the chairperson of the state central committee or in the absence of the chairperson, any officer of the central committee of the party, as shown by the records of the chief election officer. In addition, public notice of intention to disqualify shall also be given.
(b) If an officer of the party whose name is on file with the chief election officer desires a hearing on the notice of intention to disqualify, the officer of the party shall, not later than 4:30 p.m. on the tenth day after service by mail or not later than 4:30 p.m. on the tenth day after the last day upon which the public notice is given in any county, whichever is later, file an affidavit with the chief election officer setting forth facts showing the reasons why the party should not be disqualified. The chief election officer shall call a hearing not later than twenty days following receipt of the affidavit. The chief election officer shall notify by certified or registered mail the officer of the party who filed the affidavit of the date, time, and place of the hearing. In addition, public notice of the hearing shall be given not later than five days prior to the day of the hearing. The chief election officer shall render the chief election officer’s decision not later than 4:30 p.m. on the seventh day following the hearing. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. A party thus disqualified shall have the right to requalify as a new party by following the procedures of section 11-62. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(5); am L 1977, c 189, §1(4); gen ch 1985, 1993; am L 1998, c 2, §4]

PART VI. VOTER SERVICE CENTER WATCHERS

§§11-71 to 11-75 REPEALED. L 2019, c 136, §§38 to 42..

§11-76 Compensation. Election officials under the supervision and control of the office of elections on election day shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(y); am L 1974, c 19, §1; am L 1977, c 151, §2; am L 1982, c 145, §1; am L 1989, c 155, §1; gen ch 1993; am L 1995, c 71, §3; am L 2019, c 136, §11]

§11-77 Appointment of watchers; service. (a) Each qualified political party shall be entitled to appoint no more than one watcher who may be present at any time at a voter service center. Each party shall submit its list of watchers no later than 4:30 p.m. on the twentieth day before any election to the clerk. All watchers shall serve without expense to the county. All watchers so appointed shall be registered voters.
(b) Each watcher shall be provided with identification from the clerk stating the watcher’s name and the name of the party the watcher represents.
(c) The watcher shall call the attention of the clerk to any violations of the election laws that the watcher observes. After the clerk’s attention is called to the violation, the clerk shall make an attempt to correct the violation. If the clerk fails to correct the violation, the watcher may appeal to the chief election officer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(z); am L 1977, c 189, §1(6); am L 1983, c 34, §7; am L 2005, c 201, §4; am L 2019, c 136, §12]

PART VII. CONDUCT OF ELECTIONS

§11-91 Proclamation. Not later than 4:30 p.m. on the tenth day prior to the close of filing in elections involving state offices the chief election officer shall issue an election proclamation. In elections involving only county offices the clerk shall issue the proclamation. In elections involving both state and county offices the proclamation may be issued jointly.
The proclamation shall contain a statement of the time and places where, and the purposes for which, the election is to be held, and a designation of the offices and the terms thereof for which candidates are to be nominated or elected. It may also contain any other relevant matter including an offer of rewards for the detection and conviction of offenders against the election laws. The chief election officer or clerk shall cause the election proclamation to be published at least once in a newspaper of general circulation and not later than on the tenth day prior to the close of filing. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(aa)]

§11-91.5 REPEALED. L 2019, c 136, §43.

§11-92 REPEALED. L 1983, c 34, §8.

§11-92.1 Election proclamation; voter service centers and places of deposit; changes to district boundaries. (a) The chief election officer shall issue a proclamation listing all voter service centers and places of deposit as may have been determined by the clerk as of the proclamation date. 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 on any island. This proclamation may be issued jointly with the proclamation required in section 11-91.
(b) No change shall be made in the boundaries of any district later than 4:30 p.m. on the tenth day before the close of filing for an election.
(c) Notwithstanding subsection (a), and pursuant to section 15-2.5, the clerk is not required to establish voter service centers for districts affected by natural disasters, as provided in section 15-2.5. [L 1983, c 34, §9; am L 1984, c 39, §1; am L 1996, c 215, §2; am L 2019, c 136, §13]

§11-92.2 REPEALED. L 2019, c 136, §44.

§11-92.3 Natural disasters; postponement; consolidation of districts; special elections. (a) In the event of a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring before an election where the extent of damage caused is such that the ability of voters, in any district or county, to exercise their right to vote is substantially impaired, the chief election officer or clerk in the case of county elections may postpone the conducting of an election in the affected area for no more than twenty-one days; provided that any postponement shall not affect the conduct of the election, tabulation, or distribution of results for those districts or counties not designated for postponement. The chief election officer or clerk in the case of county elections shall give notice of the postponement by whatever possible news or broadcast media are available.
(b) In the event the chief election officer or the clerk in a county election determines that the number of candidates or issues on the ballot in a special, special primary, or special general election does not require the full number of established districts, the districts may be consolidated for the purposes of the special, special primary, or special general election into a small number of special, special primary, or special general election districts.
A special, special primary, or special general election district shall be considered the same as an established district for all purposes. No later than 4:30 p.m. on the tenth day before the special, special primary, or special general election, the chief election officer or the clerk shall give public notice, in the area in which the special, special primary, or special general election is to be held, of the special, special primary, or special general election districts. [L 1983, c 34, §11; am L 1993, c 304, §5; am L 1996, c 215, §3; am L 1998, c 2, §5; am L 2019, c 136, §14]

§11-93 to 11-95 REPEALED. L 2019, c 136, §§45 to 47..

§11-96 Records prima facie evidence. Every record made pursuant to law by a board of registration of voters, or the precinct officials, shall be a prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which the same is offered in evidence. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(cc)]

§11-97 Records open to inspection. (a) A voter’s full name, district/precinct designation, and voter status shall be public; but all other personal information, as provided on the voter registration affidavit, shall be confidential except for election or government purposes in accordance with rules adopted by the chief election officer, pursuant to chapter 91.
(b) Voted materials shall not be open to the inspection of any voter until after the end of the contest period unless opened upon order of the court. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(dd); am L 1983, c 34, §12; am L 1990, c 156, §8; am L 1997, c 157, §2]

§11-98 Forms and materials used in elections. Books, blanks, records, certificates, and other forms and materials required by this title shall be of uniform character suitable for the voting system in use and shall be prescribed by the chief election officer after consultation with the clerks involved. [L 1970, c 26, pt of §2]

§11-99 Members of Congress, applicability of election laws. The nomination and election of a senator or representative to Congress shall be in conformity to the laws applicable to the election of members of the state legislature except as expressly otherwise provided or where in conflict with federal law. [L 1970, c 26, pt of §2]

PART VIIa. ELECTIONS BY MAIL

§11-101 Elections eligible to be conducted by mail. Beginning with the 2020 primary election, all elections shall be conducted by mail in accordance with this title. [L 2019, c 136, §2]

§11-102 Procedures for conducting elections by mail. (a) Ballot packages for elections by mail shall include:
(1) An official ballot;
(2) A return identification envelope with postage prepaid;
(3) A secrecy envelope or secrecy sleeve; and
(4) Instructions.
(b) To the extent practicable, the clerk shall mail a ballot package by non-forwardable mail to each registered voter in the county so as to enable voters to receive the ballot package approximately eighteen days before the election. The clerk shall continue mailing ballot packages to voters who update their voter registration address no later than fourteen days before the date of the election. In determining the initial mailing date of the ballot packages, the clerk shall consider the mailing place of origin and the most recent postal service delivery standards. The clerk shall not mail a ballot package to any voter in the county register who is identified as having an outdated or non-deliverable mailing address. Nothing in this part shall be construed to change the responsibilities of the clerk or chief election officer under chapter 15D with respect to uniform military and overseas voters.
(c) The clerks shall determine and provide for voter service centers and places of deposit pursuant to this part and section 11-92.1. [L 2019, c 136, §2]

§11-103 Public notice of mailing. Public notice of the date or dates on which the initial ballot packages are to be mailed shall be given by the clerks before the ballot packages are made available to voters. [L 2019, c 136, §2]

§11-104 Ballot instructions; ballot return. (a) After a voter receives a ballot package, the voter shall comply with the instructions included in the ballot package in order to cast a valid vote. The instructions shall include directions for:
(1) Marking the ballot;
(2) Inserting the marked ballot in the secrecy envelope or secrecy sleeve;
(3) Inserting the secrecy envelope or secrecy sleeve with the marked ballot in the return identification envelope; and
(4) Signing the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot.
(b) The instructions shall include information on election fraud and voter fraud, as provided in sections 19-3(5) and 19-3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.
(c) To cast a valid ballot, the voter shall return the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot:
(1) By mail so that the return identification envelope is received at the office of the clerk no later than the closing time provided in section 11-131 on the date of the election;
(2) By personal delivery at any place of deposit no later than 7:00 p.m. on the date of the election; provided that any voter who is standing in line at a place of deposit at 7:00 p.m. on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote; or
(3) By personal delivery to any voter service center no later than the closing time provided in section 11-131 on the date of the election; provided that any voter who is standing in line at a voter service center at the closing time provided in section 11-131 on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote.
(d) Once a voter has returned a return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot, that voter’s ballot shall be deemed cast and may not be recast in the election. [L 2019, c 136, §2]

§11-105 Replacement ballots. (a) A voter may obtain a replacement ballot if the ballot was destroyed, spoiled, or lost by contacting the clerk. The chief election officer may prescribe a replacement ballot application form that shall include information that allows the clerk to verify the registration of the voter and ensure that another ballot has not been returned by the voter.
(b) Upon receipt of a completed replacement ballot application form, the clerk shall:
(1) Verify the registration of the voter and ensure that another ballot has not been returned by the voter;
(2) Record that the voter has requested a replacement ballot;
(3) Mark the return identification envelope as containing a replacement ballot; and
(4) Issue the replacement ballot package by mail or make the ballot package available for pick-up by the voter.
(c) Voters who obtain a replacement ballot shall return the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked replacement ballot:
(1) By mail so that the return identification envelope is received at the office of the clerk no later than the closing time provided in section 11-131 on the date of the election;
(2) By personal delivery to any place of deposit no later than 7:00 p.m. on the date of the election; provided that any voter who is standing in line at a place of deposit at 7:00 p.m. on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote; or
(3) By personal delivery to any voter service center no later than the closing time provided in section 11-131 on the date of the election; provided that any voter who is standing in line at a voter service center at the closing time provided in section 11-131 on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote. [L 2019, c 136, §2]

§11-106 Deficient return identification envelopes. If:
(1) A return identification envelope is returned with an unsigned affirmation;
(2) The affirmation signature does not match a reference signature image; or
(3) A return identification envelope contains another condition that would not allow the counting of the ballot,

the clerk shall make an attempt to notify the voter by first class mail, telephone, or electronic mail to inform the voter of the procedure to correct the deficiency. The voter shall have five business days after the date of the election to cure the deficiency. The chief election officer may adopt rules regarding requirements and procedures for correcting deficient return identification envelopes. The counting of ballots and disclosure of subsequent election results may continue during the time period permitted to cure a deficiency under this section. The clerk’s inability to contact voters under this section shall not be grounds for a contest for cause under section 11-172. [L 2019, c 136, §2]

§11-107 Electronic transmission under certain circumstances. (a) If a ballot package is not received by a voter by the fifth day before the date of the election or a voter otherwise requires a replacement ballot within five days of an election, the voter may request that a ballot be forwarded by electronic transmission; provided that a voter with special needs may request that a ballot be forwarded by electronic transmission at any time. Upon receipt of such a request and confirmation that proper application was made, the clerk may transmit the appropriate ballot, together with a form containing the affirmations, information, and a waiver of the right to secrecy under section 11-137.
(b) The voter may return the completed replacement ballot and executed forms:
(1) By electronic transmission so that the completed replacement ballot and executed forms are received at the office of the clerk no later than the closing time provided in section 11-131 on the date of the election;
(2) By mail so that the completed replacement ballot and executed forms are received at the office of the clerk no later than the closing time provided in section 11-131 on the date of the election;
(3) By personal delivery to any place of deposit no later than 7:00 p.m. on the date of the election; provided that any voter who is standing in line at a place of deposit at 7:00 p.m. on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote; or
(4) By personal delivery to a voter service center no later than the closing time provided in section 11-131 on the date of the election; provided that any voter who is standing in line at a voter service center at the closing time provided in section 11-131 on the date of the election with the intent of returning a ballot and casting a vote shall be allowed to vote.
(c) Upon receipt, the clerk shall verify compliance with the requirements of this part; provided that if the voter returns multiple voted ballots for the same election, the clerk shall prepare only the first ballot returned that is not spoiled. [L 2019, c 136, §2]

§11-108 Counting of mail-in ballots; validity; ballots included in recounts; certification of final tabulation. (a) Ballot processing for tabulation may begin no sooner than the tenth day before the election. In the presence of official observers, counting center employees may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after 7:00 p.m. on the date of the election or after the last person in line at a voter service center desiring to vote at 7:00 p.m. on the date of the election has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be conducted in accordance with procedures established by the chief election officer.
(b) The initial tabulation of ballots shall be completed no later than 6:00 a.m. on the day following an election day.
(c) Any ballot the validity of which cannot be established upon receipt shall be retained by the clerk and shall not be commingled with ballots for which validity has been established until the validity of the ballot in question can be verified by the clerk. No ballot shall be included in an initial tabulation until the clerk has determined its validity. The clerk shall make reasonable efforts to determine the validity of ballots within seven days following an election day.
(d) Any initial recount provided by law shall include only ballots verified for the purpose of the initial tabulation. In no event shall a recount of an initial tabulation include ballots the validity of which could not be verified by 6:00 a.m. on the day following an election day.
(e) No election result shall be certified pursuant to section 11-155 unless all ballots verified as valid by the clerk within seven days following an election day have been added to the final tabulation. Recount of a final tabulation shall be as provided by law. [L 2019, c 136, §2]

§11-109 Voter service centers; places of deposit. (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 a clerk to service the particular needs of a county’s voters.
(b) 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 section 11-131 on the date of the election and at the same times statewide.
(c) Each voter service center shall provide the services specified in section 11-1 under the definition of “voter service center”.
(d) The clerks 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. [L 2019, c 136, §2]

§11-110 Election expenses and responsibilities for elections by mail. (a) Election expenses in an election by mail shall be as follows:
(1) All expenses related to elections by mail involving both state and county offices, or involving both federal and county offices, unrelated to voter registration, shall be divided in half between the State and the counties. To the extent that a particular expense is shared statewide, each county shall pay a proration of expenses as a proportion of the registered voters at the time of the general election. The counties shall separately be responsible for expenses associated with voter registration;
(2) All expenses for county elections by mail, which do not involve state or federal offices, shall be borne by the counties and paid out of appropriations as may be made by the county councils; and
(3) All expenses for state or federal elections by mail, which do not involve county offices, shall be borne by the State and paid out of appropriations as may be made by the legislature. Expenses attributable to registration of voters by the clerk for state or federal elections that do not involve county offices shall be borne by the State and paid out of appropriations as may be made by the legislature.
(b) Election responsibilities for elections by mail shall be as follows:
(1) For elections by mail involving both state and county offices, or involving both federal and county offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, places of deposit, and the mailing and receipt of ballots;
(B) The State shall be responsible for the printing and counting of ballots;
(C) The State and counties may otherwise agree to the delegation of these responsibilities to each other; and
(D) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer;
(2) For elections by mail involving only county offices, the respective county shall be solely responsible; and
(3) For elections by mail involving only state or federal offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, and places of deposit;
(B) The State shall be responsible for the printing, mailing, receipt, and counting of ballots; and
(C) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer. [L 2019, c 136, §2]

PART VIII. BALLOTS

§11-111 Official and facsimile ballots. Ballots issued by the chief election officer in state elections and by the clerk in county elections are official ballots. In elections using the paper ballot and electronic voting systems, the chief election officer or clerk in the case of county elections shall have printed informational posters containing facsimile ballots that depict the official ballots to be used in the election. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ee); am L 1975, c 36, §1(4); am L 1980, c 264, §1(f); am L 2019, c 136, §15]

§11-112 Contents of ballot. (a) The ballot shall contain the names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they are running, and the district in which the election is being held. In multimember races the ballot shall state that the voter shall not vote for more than the number of seats available or the number of candidates listed where such number is less than the seats available.
(b) The ballot may include questions concerning proposed state constitutional amendments, proposed county charter amendments, or proposed initiative or referendum issues.
(c) At the chief election officer’s discretion, the ballot may have a background design imprinted onto it.
(d) When the electronic voting system is used, the ballot may have pre-punched codes and printed information which identify the voting districts, precincts, and ballot sets to facilitate the electronic data processing of these ballots.
(e) The name of the candidate may be printed with the Hawaiian or English equivalent or nickname, if the candidate so requests in writing at the time the candidate’s nomination papers are filed. Candidates’ names, including the Hawaiian or English equivalent or nickname, shall be set on one line.
(f) The ballot shall bear no word, motto, device, sign, or symbol other than allowed in this title. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(5); am L 1977, c 189, §1(7); am L 1980, c 264, §1(g); am L 1983, c 34, §13; am L 1984, c 62, §1; am L 1996, c 173, §4]

§11-113 Presidential ballots. (a) In presidential elections, the names of the candidates for president and vice president shall be used on the ballot in lieu of the names of the presidential electors, and the votes cast for president and vice president of each political party shall be counted for the presidential electors and alternates nominated by each political party.
(b) A “national party” as used in this section shall mean a party established and admitted to the ballot in at least one state other than Hawaii or one which is determined by the chief election officer to be making a bona fide effort to become a national party. If there is no national party or the national and state parties or factions in either the national or state party do not agree on the presidential and vice presidential candidates, the chief election officer may determine which candidates’ names shall be placed on the ballot or may leave the candidates’ names off the ballot completely.
(c) All candidates for president and vice president of the United States shall be qualified for inclusion on the general election ballot under either of the following procedures:
(1) In the case of candidates of political parties that have been qualified to place candidates on the primary and general election ballots, the appropriate official of those parties shall file a sworn application with the chief election officer not later than 4:30 p.m. on the sixtieth day prior to the general election, which shall include:
(A) The name and address of each of the two candidates;
(B) A statement that each candidate is legally qualified to serve under the provisions of the United States Constitution; and
(C) A statement that the candidates are the duly chosen candidates of both the state and the national party, giving the time, place, and manner of the selection; and
(2) In the case of candidates of parties or groups not qualified to place candidates on the primary or general election ballots, the person desiring to place the names on the general election ballot shall file with the chief election officer not later than 4:30 p.m. on the ninetieth day prior to the general election:
(A) A sworn application that shall include the information required under paragraph (1)(A), (B), and (C), where applicable; and
(B) A petition that shall be upon the form prescribed and provided by the chief election officer containing the signatures of currently registered voters which constitute not less than one per cent of the votes cast in the State at the last presidential election. The petition shall contain the names of the candidates, a statement that the persons signing intend to support those candidates, the address of each signatory, the date of the signer’s signature, and other information as determined by the chief election officer.
Prior to being issued the petition form, the person desiring to place the names on the general election ballot shall submit a notarized statement from each prospective candidate of that prospective candidate’s intent to be a candidate for president or vice president of the United States on the general election ballot of the State of Hawaii. The statements by a prospective candidate for vice president may be withdrawn by that prospective candidate and an alternative candidate for vice president may be substituted any time prior to the notification of qualification or disqualification provided in subsection (d). Any substitutions shall be accompanied by a notice of substitution satisfying subparagraph (A), a statement of intent as required by this paragraph, and a letter by the candidate for president endorsing the substitute candidate for vice president. Upon receipt of a notice of substitution and all other required documents, the substitute shall replace the original candidate for vice president on the general election ballot. The petitions issued in the names of the original candidates will remain valid for the purposes of this section.
(d) Each applicant and the candidates named, shall be notified in writing of the applicant’s or candidate’s eligibility or disqualification for placement on the ballot not later than 4:30 p.m. on the tenth business day after filing. The chief election officer may extend the notification period up to an additional five business days, if the applicants and candidates are provided with notice of the extension and the reasons therefore.
(e) If the applicant, or any other party, individual, or group with a candidate on the presidential ballot, objects to the finding of eligibility or disqualification the person may, not later than 4:30 p.m. on the fifth day after the finding, file a request in writing with the chief election officer for a hearing on the question. A hearing shall be called not later than 4:30 p.m. on the tenth day after the receipt of the request and shall be conducted in accord with chapter 91. A decision shall be issued not later than 4:30 p.m. on the fifth day after the conclusion of the hearing. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ff); am L 1977, c 189, §1(8); am L 1983, c 34, §14; am L 1993, c 304, §6; am L 2011, c 143, §2]

§11-114 Order of offices on ballot. The order of offices on a ballot shall be arranged substantially as follows: first, president and vice president of the United States; next, United States senators; next, United States house of representatives; next, governor and lieutenant governor; next, state senators; next, state representatives; and next, county offices. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(gg); am L 1980, c 264, §1(h)]

§11-115 Arrangement of names on the ballot. (a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order except:
(1) As provided in section 11-118;
(2) For the limitations of the voting system in use; and
(3) For the case of the candidates for vice president and lieutenant governor in the general election whose names shall be placed immediately below the name of the candidate for president or governor of the same political party.
(b) In elections using the paper ballot or electronic voting systems where the names of the candidates are printed and the voter records the voter’s vote on the face of the ballot, the following format shall be used: A horizontal line shall be ruled between each candidate’s name and the next name, except between the names of presidential and vice presidential candidates and candidates for governor and lieutenant governor of the same political party in the general election. In such case the horizontal line shall follow the name of the candidates for vice president and lieutenant governor of the same political party, thereby grouping the candidates for president and vice president and governor and lieutenant governor of the same political party within the same pair of horizontal lines.
(c) Immediately to the left of (before) or to the right of (after) the candidate name or names, according to the requirements of the voting system, two vertical lines shall be ruled, so that in conjunction with the horizontal lines, a box shall be formed to the left of or to the right of the name and its equivalent, if any.
(d) In case of the candidates for president and vice president and governor and lieutenant governor of the same political party, only one box shall be formed opposite their set of names. The boxes shall be of sufficient size to give ample room in which to designate the choice of the voter in the manner prescribed for the voting system in use. All of the names upon a ballot shall be placed at a uniform distance from the left edge and close thereto, and shall be of uniform size and print subject to section 11-119. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(hh); am L 1976, c 106, §1(8); am L 1977, c 189, §1(9); gen ch 1985; am L 2000, c 130, §1]

§11-116 Checking ballot form by candidates and parties. Facsimiles of all ballot layouts prior to printing shall be available for viewing by the candidates and the parties at the office of the chief election officer and the county clerk as soon after the close of filing as they are available. Such layout facsimiles shall show the typefaces used, the spelling and placement of names, and other information on the ballot. [L 1970, c 26, pt of §2]

§11-117 Withdrawal of candidates; disqualification; death; notice. (a) Any candidate may withdraw in writing not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the fiftieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office. The notice shall be accompanied by a statement from a licensed physician or physician assistant indicating that such ill health may endanger the candidate’s life.
A candidate who withdraws the candidate’s own nomination papers prior to the close of filing shall not be considered to have caused a vacancy that may be filled by a party under section 11-118.
(b) On receipt of the notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is disqualified after the close of filing and the ballots have been printed, the chief election officer or the clerk may order the candidate’s name stricken from the ballot or order that a notice of the death, withdrawal, or disqualification be prominently posted at the appropriate polling places on election day.
(c) In no case shall the filing fee be refunded after filing. [L 1970, c 26, pt of §2; am L 1972, c 77, §5; am L 1973, c 217, §1(ii); am L 1983, c 34, §15; am L 1990, c 7, §2; am L 2009, c 151, §3; am L 2011, c 143, §3 and c 159, §1]

§11-118 Vacancies; new candidates; insertion of names on ballots. (a) In case of death, withdrawal, or disqualification of any party candidate, the vacancy so caused may be filled by the party. The party shall be notified by the chief election officer or the clerk in the case of a county office immediately after the death, withdrawal, or disqualification.
(b) If the party fills the vacancy, and so notifies the chief election officer or clerk not later than 4:30 p.m. on the third day after the vacancy occurs, but not later than 4:30 p.m. on the fiftieth day prior to a primary or special primary election or not later than 4:30 p.m. on the fortieth day prior to a special, general, or special general election, the name of the replacement shall be printed in an available and appropriate place on the ballot, not necessarily in alphabetical order; provided that the replacement candidate fills out an application for nomination papers, signs the proper certifications on the nomination paper, and takes either an oath or affirmation as provided by law. If the party fails to fill the vacancy pursuant to this subsection, no candidate’s name shall be printed on the ballot for the party for that race.
(c) If the ballots have been printed and it is not reasonably possible to insert an alternate’s name, the chief election officer shall issue a proclamation informing the public that the votes cast for the vacating candidate shall be counted and the results interpreted as follows:
(1) In a primary or special primary election:
(A) In partisan races, if, but for candidate’s vacancy, the vacating candidate would have been nominated pursuant to section 12-41(a), a vacancy shall exist in the party’s nomination, to be filled in accordance with subsection (b); and
(B) In nonpartisan races, if, but for the candidate’s vacancy, the vacating candidate would have qualified as a candidate for the general or special general election ballot pursuant to section 12-41(b), the nonpartisan candidate who received the next highest number of votes shall be placed on the ballot; provided that the candidate also meets the requirements of section 12-41(b);
(2) In a special, general, or special general election, if, but for the candidate’s vacancy, the vacating candidate would have been elected, a vacancy shall exist in the office for which the race in question was being held, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official’s full term because of death, withdrawal, or removal; and
(3) In any other case where, but for the candidate’s vacancy, the vacating candidate would have been deemed elected, a vacancy shall exist in the office for which the candidate has filed, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official’s full term in office because of death, withdrawal, or removal.
(d) The parties shall adopt rules to comply with this provision, and those rules shall be submitted to the chief election officer.
(e) The chief election officer or county clerk in county elections may waive any or all of the foregoing requirements in special circumstances as provided in the rules adopted by the chief election officer.
(f) For the purposes of this section, “party candidate” means the person or persons who would be the candidate or candidates of the party under section 12-41(a). [L 1970, c 26, pt of §2; am L 1973, c 217, §1(jj); am L 1980, c 247, §1; am L 1983, c 34, §16; am L 1986, c 305, §1; am L 1990, c 7, §3; am L 2000, c 124, §1; am L 2011, c 159, §2]

§11-118.5 Constitutional amendments, proposed; attorney general statement. (a) Any constitutional amendment proposed by the legislature shall include in final form the exact constitutional ratification question to be printed on a ballot. The constitutional ratification question shall be phrased in a manner to enable voters to express their choice on the constitutional amendment by providing a “yes” or “no” response. The language and meaning of a constitutional amendment shall be clear and it shall be neither misleading nor deceptive.
(b) The attorney general, in consultation with the legislative reference bureau, shall prepare a statement in English and Hawaiian for each proposed constitutional amendment in language that is clear and that indicates the purpose, limitations, and effects of the proposed amendment. The attorney general shall distribute each statement to the state office of elections and all county clerks for further distribution. The office of elections and county clerks shall make the statement available to the public at all polling places in the State and on a website operated by the office of elections. [L 1996, c 173, §1; am L 1997, c 2, §17; am L 2019, c 286, §1]

§11-119 Printing; quantity. (a) The ballots shall be printed by order of the chief election officer or the clerk in the case of county elections. In any state or county election, the chief election officer and clerk shall endeavor to consolidate the printing and ballot package mailing contracts where the consolidation will result in lower costs.
(b) Whenever the chief election officer is responsible for the printing of ballots, unless provided otherwise, the exact wording to appear thereon, including questions and issues, shall be submitted to the chief election officer no later than 4:30 p.m. on the seventy-fifth calendar day before the applicable election.
(c) Based upon clarity and available space, the chief election officer or the clerk in the case of county elections shall determine the style and size of type to be used in printing the ballots. The color, size, weight, shape, and thickness of the ballot shall be determined by the chief election officer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(kk); am L 1975, c 36, §1(6); am L 1976, c 106, §1(9); am L 1979, c 133, §4; am L 1980, c 264, §1(i); am L 1985, c 203, §4; am L 2011, c 143, §4; am L 2019, c 136, §16]

§11-120 REPEALED. L 2019, c 136, §48.

[§11-121] Ballot images. A voter shall not be prohibited from distributing or sharing an electronic or digital image of the voter’s own marked ballot via social media or other means regardless of how the voter acquired the image; provided that this section shall not be a defense for any election offenses under chapter 19 or related offenses under the Penal Code. [L 2016, c 81, §1]

PART IX. VOTING PROCEDURES

§11-131 Voter service center hours. The hours of voting at voter service centers shall be:
(1) Regular business hours as prescribed in section 11-109 and by the clerk; and
(2) On an election day, from 7:00 a.m. until 7:00 p.m. of that day.

If, at 7:00 p.m. on an election day, any voter is standing in line at a voter service center with the desire of entering and voting, but due to the voter service center being overcrowded has been unable to do so, the voter shall be allowed to vote. No voter shall be permitted to enter or join the line after the prescribed hours of voting specified in this section. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(mm); gen ch 1985; am L 2019, c 136, §17]

§11-132 Two hundred foot radius. (a) Election officials shall post in a conspicuous place, before operation of voting service centers or places of deposit, a map designating an area of two hundred feet from the perimeter of any voter service center, place of deposit, and its appurtenances. Any person who remains or loiters within this specified area for the purpose of campaigning shall be guilty of a misdemeanor. For the purposes of this section, a voter service center, place of deposit, and its appurtenances shall include:
(1) The building in which a voter service center, place of deposit, or its appurtenances are located;
(2) Any parking lot adjacent to the building and routinely used for parking at that building;
(3) The routes of access between the building and any parking lot; and
(4) Any route of access between any public thoroughfare (right of way) and the voter service center, place of deposit, or its appurtenances, to ensure an open and accessible ingress and egress to and from the voter service center, place of deposit, or appurtenances for voters.
(b) The chief election officer may regulate other activities within the area specified in subsection (a) pursuant to rules adopted by the chief election officer under chapter 91 in order to ensure the safe and orderly conduct of elections.
(c) Admission within the voter service center, place of deposit, or appurtenances shall be limited to the following:
(1) Election officials;
(2) Watchers, if any, pursuant to section 11-77;
(3) Candidates;
(4) Any voters actually engaged in voting, going to vote or returning from voting;
(5) Any person, designated by a voter who is physically disabled, while the person is assisting the voter;
(6) Any person or nonvoter group authorized by the clerk to observe the election for educational purposes; provided that these persons conduct themselves so that they do not interfere with the election process; and
(7) A child for the purpose 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.
(d) Within the appropriate boundary as established in subsection (a), the display or distribution of campaign posters, signs, or other campaign materials for the purpose of soliciting votes for or against any person or political party or position on a ballot question is prohibited. Any voter who displays campaign material in the voter service center, place of deposit, or its appurtenances shall remove or cover that material before entering the voter service center, place of deposit, or its appurtenances. The chief election officer may adopt rules pursuant to chapter 91 to address special circumstances regarding the display of campaign materials. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(nn); am L 1975, c 36, §1(7); am L 1980, c 264, §1(j); gen ch 1985; am L 1993, c 97, §2; am L 1994, c 95, §1; am L 2019, c 136, §18]

§11-133 to 11-136. REPEALED. L 2019, c 136, §§49 to 52..

§11-137 Secrecy; removal or exhibition of ballot. No person shall look at or ask to see the contents of the ballot or the choice of party or nonpartisan ballot of any voter, except as provided in sections 11-139 and 11-132, nor shall any person attempt to influence a voter in regard to whom the voter shall vote for. When a voter is in the voting booth for the purpose of voting, no other person, except as provided in sections 11-139 and 11-132, shall be allowed to enter the booth or to be in a position from which the person can observe how the voter votes.
No person shall take a ballot out of the voter service center unless authorized by the chief election officer or a designee of the chief election officer. [L 1970, c 26, pt of §2; am L 1972, c 158, §1; am L 1973, c 217, §1(rr); am L 1975, c 36, §1(10); am L 1980, c 264, §1(m); gen ch 1985; am L 1993, c 97, §3; am L 2019, c 136, §19]

§11-138 Time allowed voters. A voter shall be allowed to remain in the voting booth for five minutes, and having voted the voter shall at once emerge and leave the voting booth. If the voter refuses to leave when so requested by a majority of precinct officials after the lapse of five minutes, the voter shall be removed by the precinct officials. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ss); am L 1980, c 264, §1(n); am L 1984, c 90, §1]

§11-139 Voting assistance. (a) Except as otherwise provided, any voter who requires assistance may be given assistance by a person of the voter’s choice. A person with disabilities may be provided assistance at a voter service center pursuant to any state or federal law relating to persons with disabilities. The voter’s employer or agent of that employer, agent of the voter’s labor union, or a candidate for any office that is listed on the ballot shall not provide assistance. Written or oral instructions delivered via telephone, electronic means, or mail shall not be deemed assistance prohibited by this section; provided that the voter’s employer or agent of that employer, agent of the voter’s labor union, or a candidate for any office listed on the ballot is not physically present with the voter when the instructions are delivered.
(b) Violation of this section by an employer or agent of that employer, agent of the voter’s labor union, or a candidate shall constitute election fraud as provided under section 19-3. [L 1970, c 26, pt of §2; am L 1972, c 158, §2; am L 1973, c 217, §1(tt); am L 1985, c 203, §5; am L 2002, c 89, §1; am L 2013, c 235, §2; am L 2019, c 136, §20]

§11-140 Spoiled ballots. In elections using the paper ballot and electronic voting systems, if a voter spoils a ballot, the voter may obtain another upon returning the spoiled one. Before returning the spoiled ballot, the voter shall conform to the procedure promulgated by the chief election officer to retain the secrecy of the vote. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(uu); am L 1975, c 36, §1(11); am L 1980, c 264, §1(o); am L 1981, c 100, §1(3)]

PART X. VOTE DISPOSITION

§11-151 Vote count. Each contest or question on a ballot shall be counted independently as follows:
(1) If the votes cast in a contest or question are equal to or less than the number to be elected or chosen for that contest or question, the votes for that contest or question shall be counted;
(2) If the votes cast in a contest or question exceed the number to be elected or chosen for that contest or question, the votes for that contest or question shall not be counted; and
(3) If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that such ballots shall be counted as votes cast in ratification of a constitutional amendment or a question for a constitutional convention. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(12); am L 1986, c 305, §2; am L 2000, c 54, §1]

§11-152 Method of counting. For votes cast using the electronic voting system, the ballots shall be taken in the sealed ballot containers to the counting center according to the procedure and schedule adopted by the chief election officer to promote the security of the ballots. For all votes cast in an election, in the presence of official observers, counting center employees may start to count the ballots before election day, as specified in section 11-108. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(vv); am L 1975, c 36, §1(13); am L 1977, c 189, §1(10); am L 1980, c 264, §1(p); am L 1993, c 304, §7; gen ch 1993; am L 2019, c 136, §21]

§11-153 More or fewer ballots than recorded. (a) If there are more ballots than documented usage indicates, this shall be an overage and if fewer ballots, it shall be an underage. The election officials or counting center employees responsible for the tabulation of ballots shall make a note of this fact on a form to be provided by the chief election officer. The form recording the overage or underage shall be sent directly to the chief election officer or the clerk in county elections separate and apart from the other election records.
(b) If the electronic voting system is being used in an election, the overage or underage shall be recorded after the tabulation of the ballots. In an election using the paper ballot voting system, the chief election officer or the chief election officer’s designee shall proceed to count the votes cast for each candidate or on a question after recording the overage or underage.
(c) The chief election officer or the clerk shall make a list of all districts in which an overage or underage occurred and the amount of the overage or underage. This list shall be filed and kept as a public record in the office of the chief election officer or the clerk in county elections.
An election contest may be brought under part XI, if the overage or underage in any district could affect the outcome of an election. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(14); am L 1997, c 61, §1; am L 2019, c 136, §22]

§11-154 Records, etc.; disposition. The voted ballots shall be kept secure and handled only in the presence of representatives not of the same political party or official observers in accordance with rules adopted for the various voting systems. After all the ballots have been tabulated they shall be sealed in containers. Thereafter, these containers shall be unsealed and resealed only as prescribed by rules governing elections.
The ballots and other election records may be destroyed by the chief election officer or clerk when all elected candidates have been certified by the chief election officer, or in the case of candidates for county offices, by the clerk and after compliance with retention schedules of applicable federal law. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ww); am L 2019, c 136, §23]

§11-155 Certification of results of election. On receipt of certified tabulations from the election officials concerned, the chief election officer, or county clerk in a county election, shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following:
(1) The results of the canvass of ballots conducted pursuant to chapter 16;
(2) The audit of pollbooks (and related record books) and resultant overage and underage report;
(3) The audit results of the manual audit team;
(4) The results of the absentee ballot reconciliation report compiled by the clerks;
(5) The results of any mandatory recount of votes conducted pursuant to section 11-158; and
(6) All logs, tally sheets, and other documents generated during the election and in the canvass of the election results.

A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11-156; provided that in the event of an overage or underage, a list of all precincts in which an overage or underage occurred shall be attached to the certificate. The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected. Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day. The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11-156. [L 1970, c 26, pt of §2; am L 1980, c 264, §1(b); am L 1986, c 305, §3; am L 1997, c 61, §2; am L 2019, c 135, §2]

§11-156 Certificate of election and certificate of results, form. The chief election officer or county clerk shall deliver certificates of election to the persons elected as determined under section 11-155. The chief election officer or county clerk in county elections shall issue certificates of results where a question has been voted upon. Certificates of election shall be delivered only after the:
(1) Filing of reports in accordance with sections 11-331 and 11-333; and
(2) Payment of any fine assessed by the campaign spending commission,
by the person elected in accordance with part XIII and after the expiration of time for bringing an election contest. The certificate of election shall be substantially in the following form:

CERTIFICATE OF ELECTION

I,………………….., chief election officer (county clerk) of Hawaii (county), do hereby certify that ……………….. was on the ….. day of ………. 20….., duly elected a …………… (name of office) for the ………………….. district for a term expiring on the ….. day of ……………….., A.D. 20…..
Witness my hand this ….. day of ……………….., A.D. 20…..
……………………………….
Chief Election Officer (County Clerk)

The certificate of results shall be substantially in the following form:

CERTIFICATE OF RESULTS

I, ………………………., chief election officer (county clerk) of Hawaii (county), do hereby certify that ……………… (question) was on the ….. day of …………… 20…., duly adopted (rejected) by a majority of the votes cast.
……………………………….
Chief Election Officer (County Clerk)

If there is an election contest these certificates shall be delivered only after a final determination in the contest has been made and the time for an appeal has expired. [L 1970, c 26, pt of §2; am L 1986, c 305, §4; am L 2012, c 34, §1; am L 2014, c 139, §1]

§11-157 In case of tie. In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or clerk in the case of county elections by lot. [L 1970, c 26, pt of §2; gen ch 1985; am L 1990, c 198, §2; am L 1996, c 239, §2; am L 2011, c 5, §3; am L 2012, c 34, §2; am L 2019, c 136, §24]

[§11-158] Mandatory recount of votes. (a) The chief election officer, or the clerk in the case of a county election, shall conduct a recount of all votes cast for any office or ballot question in any election if the official tabulation of all of the returns for that office or question reveals that the difference in:
(1) The number of votes cast for a candidate apparently qualified for the general election ballot or elected to office and the number of votes cast for the closest apparently defeated opponent; or
(2) The number of votes cast in the affirmative for the ballot question and the number of votes cast in the negative for the ballot question, including when applicable, the tabulation of blank votes,

is equal to or less than one hundred votes or one-quarter of one per cent of the total number of votes cast for the contest, whichever is greater.
(b) No candidate shall be charged for the cost of a mandatory recount under this section.
(c) All mandatory recounts of votes under this section shall be completed and the results publicly announced no later than seventy-two hours after the closing of polls on election day.
(d) The chief election officer may adopt rules pursuant to chapter 91 for the mandatory recount of votes under this section, including:
(1) Authorizing candidates affected by the recount, or their designated representatives, to attend and witness the recount; and
(2) Notifying the parties described in paragraph (1) of the time and place of the recount no later than one day prior to the date of the recount.
(e) This section shall apply to votes counted pursuant to section 11-151.
(f) A recount conducted pursuant to this section shall not be considered a contest for cause subject to section 11-172. [L 2019, c 135, §1]

PART XI. ELECTION CONTESTS

§11-171 Applicability of this part. This part shall apply whenever a contested election is subject to determination by a court of competent jurisdiction in the manner provided by law. [L 1970, c 26, pt of §2]

§11-172 Contests for cause; generally. With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. The complaint shall set forth any cause or causes, such as but not limited to, provable fraud, overages, or underages, that could cause a difference in the election results. The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the precinct officials or the officials at a counting center in an election using the electronic voting system. A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(xx); am L 1975, c 36, §1(15); am L 1991, c 9, §2]

§11-173 REPEALED. L 1973, c 217, §1(yy).

§11-173.5 Contests for cause in primary, special primary elections, and county elections held concurrently with a regularly scheduled primary or special primary election. (a) In a primary and special primary election contest, or a county election contest held concurrently with a regularly scheduled primary or special primary election, the complaint shall be filed in the office of the clerk of the supreme court no later than 4:30 p.m. on the thirteenth day after a primary or special primary election or a county election contest held concurrently with a regularly scheduled primary or special primary election, and shall be accompanied by a deposit for costs of court as established by the rules of the supreme court; provided that a complaint for a contest for cause that arises from a mandatory recount pursuant to section 11-158 shall be filed no later than 4:30 p.m. on the third calendar day following the public announcement of the results of the mandatory recount pursuant to section 11-158(c). The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court no later than 4:30 p.m. on the fifth day after service of the summons.
(b) In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election, the court shall hear the contest in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law. The judgment shall decide what candidate was nominated or elected, as the case may be, in the manner presented by the petition, and a certified copy of the judgment shall forthwith be served on the chief election officer or the county clerk, as the case may be, who shall place the name of the candidate declared to be nominated on the ballot for the forthcoming general, special general, or runoff election. The judgment shall be conclusive of the right of the candidate so declared to be nominated; provided that this subsection shall not operate to amend or repeal section 12-41. [L 1973, c 217, §1(aaa); am L 1974, c 34, §1(c); am L 1979, c 133, §5; am L 1998, c 22, §2; am L 2019, c 135, §3, am L 2019, c 136, §25]

§11-174 REPEALED. L 1973, c 217, §1(zz).

§11-174.5 Contests for cause in general, special general, special, and runoff elections. (a) In general, special general, special, or runoff elections, the complaint shall be filed in the office of the clerk of the supreme court not later than 4:30 p.m. on the twentieth day following the general, special general, special, or runoff election and shall be accompanied by a deposit for costs of court as established by rules of the supreme court. The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court not later than 4:30 p.m. on the tenth day after service thereof.
(b) In cases involving general, special general, special, or runoff elections the complaint shall be heard by the supreme court in which the complaint was filed as soon as it reasonably may be heard. On the return day, the court, upon its motion or otherwise, may direct summons to be issued to any person who may be interested in the result of the proceedings.
At the hearing, the court shall cause the evidence to be reduced to writing and shall give judgment, stating all findings of fact and of law. The judgment may invalidate the general, special general, special, or runoff election on the grounds that a correct result cannot be ascertained because of a mistake or fraud on the part of the precinct officials; or decide that a certain candidate, or certain candidates, received a majority or plurality of votes cast and were elected. If the judgment should be that the general, special general, special, or runoff election was invalid, a certified copy thereof shall be filed with the governor, and the governor shall duly call a new election to be held not later than one hundred twenty days after the judgment is filed. If the court shall decide which candidate or candidates have been elected, a copy of that judgment shall be served on the chief election officer or county clerk, who shall sign and deliver to the candidate or candidates certificates of election, and the same shall be conclusive of the right of the candidate or candidates to the offices. [L 1973, c 217, §1(bbb); am L 1979, c 133, §6; gen ch 1985; am L 1998, c 22, §3 and c 123, §1]

§11-175 Powers of supreme court; costs. The supreme court may compel the attendance of witnesses, punish contempts, and do whatsoever else may be necessary fully to determine the proceedings, and enforce its decrees therein. The court may make such special rules as it may find necessary or proper. The costs shall be as provided by the supreme court by rule. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ccc); am L 1993, c 6, §3]

§11-176 REPEALED. L 1973, c 217, §1(ddd).

PART XII. EXPENSES

A. Election Expenses

§11-181 Capital equipment. The State shall pay for all voting system capital equipment. This shall include, but not be limited to voting machines, voting devices, and initial computer programs. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(16)]

§11-182 Election expenses when no county elections. All expenses, including expenses attributable to registration of voters by the county clerk, for state elections conducted in any county which do not involve elections for county offices shall be borne by the State and paid out of such appropriations as may be made by the legislature for election purposes. [L 1970, c 26, pt of §2]

§11-183 Election expenses when no state elections. All expenses for county elections which do not involve state offices shall be borne by the county and paid out of such appropriations as may be made by the council for election purposes. [L 1970, c 26, pt of §2]

§11-184 REPEALED. L 2019, c 136, §53.

B. Election Campaign Contributions
and Expenditures–Repealed

§§11-191 to 11-213 [OLD] REPEALED. L 1979, c 224.

§§11-191 to 11-225 REPEALED. L 2010, c 211, §9.
§11-226 REPEALED. L 2010, c 59, §2 and c 211, §9.

§§11-227 to 11-229 REPEALED. L 2010, c 211, §9.

[PART XIII.] CAMPAIGN FINANCE

A. General Provisions

[§11-301] Purpose. The purpose of this part is to provide transparency in the campaign finance process. Any ambiguity in the provisions of this part shall be construed to support transparency. [L 2010, c 211, pt of §2]

[§11-302] Definitions. When used in this part:
“Advertisement” means any communication, excluding sundry items such as bumper stickers, that:
(1) Identifies a candidate directly or by implication, or identifies an issue or question that will appear on the ballot at the next applicable election; and
(2) Advocates or supports the nomination, opposition, or election of the candidate, or advocates the passage or defeat of the issue or question on the ballot.
“Ballot issue committee” means a noncandidate committee that has the exclusive purpose of making or receiving contributions, making expenditures, or incurring financial obligations for or against any question or issue appearing on the ballot at the next applicable election.
“Campaign funds” means contributions, interest, rebates, refunds, loans, or advances received by a candidate committee or noncandidate committee.
“Candidate” means an individual who seeks nomination for election or seeks election to office. An individual remains a candidate until the individual’s candidate committee terminates registration with the commission. An individual is a candidate if the individual does any of the following:
(1) Files nomination papers for an office for the individual with the county clerk’s office or with the chief election officer’s office, whichever is applicable;
(2) Receives contributions, makes expenditures, or incurs financial obligations of more than $100 to bring about the individual’s nomination for election, or to bring about the individual’s election to office;
(3) Gives consent for any other person to receive contributions, make expenditures, or incur financial obligations to aid the individual’s nomination for election, or the individual’s election, to office; or
(4) Is certified to be a candidate by the chief election officer or county clerk.
“Candidate committee” means an organization, association, or individual that receives campaign funds, makes expenditures, or incurs financial obligations on behalf of a candidate with the candidate’s authorization.
“Clearly identified” means the inclusion of name, photograph or other similar image, or other unambiguous identification of a candidate.
“Commission” means the campaign spending commission.
“Commissioner” means any person appointed to the commission.
“Contribution” means:
(1) A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of:
(A) Influencing the nomination for election, or the election, of any person to office;
(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or
(C) Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B);
(2) The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1);
(3) A contract, promise, or agreement to make a contribution; or
(4) Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372;
“Contribution” does not include:
(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;
(2) A candidate’s expenditure of the candidate’s own funds; provided that this expenditure shall be reportable as other receipts and expenditures;
(3) Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or
(4) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:
(A) The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or
(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services.
“Earmarked funds” means contributions received by a candidate committee or noncandidate committee on the condition that the funds be contributed to or expended on certain candidates, issues, or questions.
“Election” means any election for office or for determining a question or issue provided by law or ordinance.
“Election period” means:
(1) The two-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a two-year office;
(2) The four-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a four-year office; or
(3) For a special election, the period between the day after the general election for that office through the day of the special election.
“Equipment and services” includes computers, software, internet domain names, internet service providers, and any other technology that is used to provide access to or use of the Internet.
“Expenditure” means:
(1) Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:
(A) Influencing the nomination for election, or the election, of any person seeking nomination for election or election to office, whether or not the person has filed the person’s nomination papers;
(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or
(C) Use by any party for the purposes set out in subparagraph (A) or (B);
(2) Any payment, by any person other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee for any of the purposes mentioned in paragraph (1)(A); provided that payment under this paragraph shall include provision of services without charge; or
(3) The expenditure by a candidate of the candidate’s own funds for the purposes set out in paragraph (1)(A).
“Expenditure” does not include:
(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;
(2) Voter registration efforts that are nonpartisan; or
(3) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:
(A) The individual, candidate committee, or noncandidate committee is uncompensated for internet activities; or
(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services;
provided that the internet activity exclusion does not apply to any payment for an advertisement other than a nominal fee; the purchase or rental of an electronic address list made at the direction of a candidate committee or noncandidate committee; or an electronic mail address list that is transferred to a candidate committee or noncandidate committee.
“House bulletin” means a communication sponsored by any person in the regular course of publication for limited distribution primarily to its employees or members.
“Immediate family” means a candidate’s spouse or reciprocal beneficiary, as defined in section 572C-3, and any child, parent, grandparent, brother, or sister of the candidate, and the spouses or reciprocal beneficiaries of such persons.
“Independent expenditure” means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate committee, a party, or their agents.
“Individual” means a natural person.
“Internet activities” include:
(1) Sending or forwarding electronic messages;
(2) Providing a hyperlink or other direct access to another person’s website;
(3) Blogging;
(4) Creating, maintaining, or hosting a website;
(5) Paying a nominal fee for the use of another person’s website; and
(6) Any other form of communication distributed over the Internet.
“Limited liability company” means a business entity that is recognized as a limited liability company under the laws of the state in which it is established.
“Loan” means an advance of money, goods, or services, with a promise to repay in full or in part within a specified period of time. A loan does not include expenditures made on behalf of a candidate committee or noncandidate committee by a candidate, volunteer, or employee if:
(1) The candidate, volunteer, or employee’s aggregate expenditures do not exceed $1,500 within a thirty-day period;
(2) A dated receipt and a written description of the name and address of each payee and the amount, date, and purpose of each expenditure is provided to the candidate committee or noncandidate committee before the candidate committee or noncandidate committee reimburses the candidate, volunteer, or employee; and
(3) The candidate committee or noncandidate committee reimburses the candidate, volunteer, or employee within forty-five days of the expenditure being made.
“Newspaper” means a publication of general distribution in the State issued once or more per month, which is written and published in the State.
“Noncandidate committee” means an organization, association, party, or individual that has the purpose of making or receiving contributions, making expenditures, or incurring financial obligations to influence the nomination for election, or the election, of any candidate to office, or for or against any question or issue on the ballot; provided that a noncandidate committee does not include:
(1) A candidate committee;
(2) Any individual making a contribution or making an expenditure of the individual’s own funds or anything of value that the individual originally acquired for the individual’s own use and not for the purpose of evading any provision of this part; or
(3) Any organization that raises or expends funds for the sole purpose of producing and disseminating informational or educational communications that are not made to influence the outcome of an election, question, or issue on a ballot.
“Office” means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices.
“Other receipts” means the candidate’s own funds, interest, rebates, refunds, and any other funds received by a candidate committee or noncandidate committee, but does not include contributions received from other persons or loans.
“Party” means any political party that satisfies the requirements of section 11-61.
“Person” means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees.
“Political committees established and maintained by a national political party” means:
(1) The National Committee;
(2) The House Campaign Committee; and
(3) The Senate Campaign Committee.
“Qualifying contribution” means an aggregate monetary contribution of $100 or less by an individual Hawaii resident during a matching payment period that is received after a candidate files a statement of intent to seek public funds. A qualifying contribution does not include a loan, an in-kind contribution, or the candidate’s own funds.
“Special election” means any election other than a primary or general election.
“Treasurer” means a person appointed under section 11-324 and unless expressly indicated otherwise, includes deputy treasurers. [L 2010, c 211, pt of §2]

B. Campaign Spending Commission

[§11-311] Campaign spending commission established; composition. (a) There is established a campaign spending commission, which shall be placed within the department of accounting and general services for administrative purposes.
(b) The commission shall consist of five members representing the general public and who are appointed by the governor from a list of ten nominees submitted by the judicial council. A vacancy on the commission shall be filled from the list of nominees or by the reappointment of a commissioner whose term has expired, subject to the limit on length of service imposed by section 26-34. The judicial council shall meet and expeditiously select additional persons for the list of nominees whenever the number of the eligible nominees falls below five. Notwithstanding section 26-34, appointments to the commission shall not be subject to the advice and consent of the senate.
(c) The judicial council may solicit applications for the list of nominees through community organizations and advertisements in any newspaper. [L 2010, c 211, pt of §2]

[§11-312] Terms of office. The term of each commissioner shall be four years. [L 2010, c 211, pt of §2]

[§11-313] No compensation. The commissioners shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties. [L 2010, c 211, pt of §2]

§11-314 Duties of the commission. The duties of the commission under this part are to:
(1) Develop and adopt forms required by this part;
(2) Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping;
(3) Preserve all reports required by this part for at least ten years from the date of receipt by the commission;
(4) Permit the inspection, copying, or duplication of any report required by this part pursuant to rules adopted by the commission under chapter 91; provided that this paragraph shall not apply to the sale or use of information under section 11-344;
(5) Ascertain whether any person has failed to file a report required by this part or has filed a substantially defective or deficient report. The commission shall notify the person by first class mail that a fine may be assessed for the failure to file or the filing of a substantially defective or deficient report, and the defective or deficient report shall be corrected and explained. All fines collected under this section as authorized by sections 11-340 and 11-410 shall be deposited in the general fund of the State;
(6) Hold public hearings;
(7) Investigate and hold hearings for receiving evidence of any violations pursuant to subpart I of this part;
(8) Adopt rules pursuant to chapter 91;
(9) Request the initiation of prosecution for the violation of this part pursuant to section 11-411;
(10) Administer and monitor the distribution of public funds under this part;
(11) Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part;
(12) Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation; provided that the commission shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission;
(13) Conduct random audits and field investigations, as necessary; and
(14) File for injunctive relief when indicated. [L 2010, c 211, pt of §2; am L 2013, c 112, §3]

[§11-315] Advisory opinions. The commission may render written advisory opinions upon the request of any candidate, candidate committee, noncandidate committee, or other person or entity subject to this part, as to whether the facts and circumstances of a particular case constitute or will constitute a violation under this part. If no advisory opinion is rendered within ninety days after all information necessary to issue an opinion has been obtained, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation under this part. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the candidate, any candidate committee or noncandidate committee, or other person or entity subject to this part, who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the requester in the request for an advisory opinion. Nothing in this section shall be construed to allow the commission to issue rules through an advisory opinion. [L 2010, c 211, pt of §2]

[§11-316] Political activities prohibited. (a) No commissioner or employee of the commission shall participate in any political campaign, including making a contribution to a candidate, candidate committee, or noncandidate committee, during the commissioner’s term of office or employee’s term of employment.
(b) Each commissioner and employee of the commission shall retain the right to:
(1) Register and vote in any election;
(2) Participate in the nonpolitical activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(3) Be a member of a political party or other noncandidate political organization and participate in its activities to the extent consistent with law; and
(4) Otherwise participate fully in public affairs, except as prohibited by law, in a manner that does not materially compromise the commissioner’s or the employee’s efficiency or integrity as a commissioner or employee or the neutrality, efficiency, or integrity of the commission.
(c) Any commissioner or employee of the commission may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics under part II of chapter 84 or this section. [L 2010, c 211, pt of §2]

[§11-317] Exemptions. (a) The commission shall be exempt from section 26-35(a)(1), (4), and (5) and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.
(b) The commission shall follow and be subject to all applicable personnel laws. [L 2010, c 211, pt of §2]

C. Registration

[§11-321] Registration of candidate committee or noncandidate committee. (a) Each candidate committee or noncandidate committee shall register with the commission by filing an organizational report as set forth in section 11-322 or 11-323, as applicable.
(b) Before filing the organizational report, each candidate committee or noncandidate committee shall mail or deliver an electronic filing form to the commission.
(c) The electronic filing form shall include a written acceptance of appointment and certification of each report, as follows:
(1) A candidate committee shall file a written acceptance of appointment by the chairperson and treasurer and a certification by the candidate and treasurer of each filed report; or
(2) A noncandidate committee shall file a written acceptance of appointment by the chairperson and treasurer and a certification by the chairperson and treasurer of each filed report.
(d) The organizational report for a candidate committee shall be filed within ten days of the earlier of:
(1) The date the candidate files nomination papers for office; or
(2) The date the candidate or candidate committee receives contributions or makes or incurs expenditures of more than $100 in the aggregate during the applicable election period.
(e) An organizational report need not be filed under this section by an elected official who is a candidate for reelection to the same office in successive elections and has not sought election to any other office during the period between elections, unless the candidate is required to report a change in information pursuant to section 11-323.
(f) A candidate shall have only one candidate committee.
(g) The organizational report for a noncandidate committee shall be filed within ten days of receiving contributions or making or incurring expenditures of more than $1,000, in the aggregate, in a two-year election period; provided that within the thirty-day period prior to an election, a noncandidate committee shall register by filing an organizational report within two days of receiving contributions or making or incurring expenditures of more than $1,000, in the aggregate, in a two-year election period. [L 2010, c 211, pt of §2]

[§11-322] Organizational report, candidate committee. (a) The candidate committee organizational report shall include:
(1) The committee’s name and address, including web page address, if any;
(2) The candidate’s name, address, and telephone number;
(3) The office being sought by the candidate, district, and party affiliation;
(4) The chairperson’s name and address and, if appointed, the deputy chairperson’s name and address;
(5) The treasurer’s name and address and, if appointed, all deputy treasurers’ names and addresses;
(6) The name and address of each depository institution in which the committee will maintain any of its accounts and the applicable account number; and
(7) A certification by the candidate and treasurer of the statements in the organizational report.
(b) Any change in information previously reported in the organizational report with the exception of subsection (a)(8)1 shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer. [L 2010, c 211, §2; am L 2018, c 80, §1]

§11-323 Organizational report, noncandidate committee. (a) The noncandidate committee organizational report shall include:
(1) The committee’s name, which shall incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation is commonly known or clearly recognized by the general public. The committee’s name shall not include the name of a candidate;
(2) The committee’s address, including web page address, if any;
(3) The area, scope, or jurisdiction of the committee;
(4) The name and address of the committee’s sponsoring entity. If the committee does not have a sponsoring entity, the committee shall specify the trade, profession, or primary interest of contributors to the committee;
(5) The name, address, telephone number, occupation, and principal place of business of the chairperson;
(6) The name, address, telephone number, occupation, and principal place of business of the treasurer and any other officers;
(7) An indication as to whether the committee was formed to support or oppose a specific ballot question or candidate and, if so, a brief description of the question or the name of the candidate;
(8) An indication as to whether the committee is a political party committee;
(9) The name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts;
(10) The name and address of the depository institution in which the committee will maintain its campaign account and each applicable account number; and
(11) A certification by the chairperson and treasurer of the statements in the organizational report.
(b) Any change in information previously reported in the organizational report, with the exception of subsection (a)(12),1 shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer. [L 2010, c 211, §2; am L 2015, c 209, §1; am L 2018, c 81, §1]

[§11-324] Treasurer. (a) Every candidate committee or noncandidate committee shall appoint a treasurer on or before the day it files an organizational report. The following shall be permissible:
(1) Up to five deputy treasurers may be appointed;
(2) A candidate may be appointed as the treasurer or deputy treasurer; and
(3) An individual who is not an officer or treasurer may be appointed by the candidate, on a fee or voluntary basis, to specifically prepare and file reports with the commission.
(b) A treasurer may resign or be removed at any time.
(c) In case of death, resignation, or removal of the treasurer, the candidate, candidate committee, or noncandidate committee shall promptly appoint a successor. During the period that the office of treasurer is vacant, the candidate, candidate committee, or chairperson, or party chairperson in the case of a party, whichever is applicable, shall serve as treasurer.
(d) Only the treasurer and deputy treasurers shall be authorized to receive contributions or to make or incur expenditures on behalf of the candidate committee or noncandidate committee.
(e) The treasurer shall establish and maintain itemized records showing:
(1) The amount of each monetary contribution;
(2) The description and value of each nonmonetary contribution; and
(3) The name and address of each contributor making a contribution of more than $25 in value; provided that information regarding the employer and occupation of contributors shall also be collected and maintained for a noncandidate committee.
(f) The treasurer shall maintain detailed accounts, bills, receipts, and other records to establish that reports were properly prepared and filed.
(g) The records shall be retained for at least five years after the report is filed. [L 2010, c 211, pt of §2]

[§11-325] When an individual may not serve as a committee officer. No candidate committee or noncandidate committee that supports or opposes a candidate shall have an officer who serves as an officer on any other candidate committee or noncandidate committee that supports or opposes the same candidate. [L 2010, c 211, pt of §2]

[§11-326] Termination of candidate committee’s or noncandidate committee’s registration. A candidate committee or noncandidate committee may terminate its registration if:
(1) The candidate committee or noncandidate committee:
(A) Files a request for registration termination form;
(B) Files a report disclosing contributions and expenditures not previously reported by the committee, and the committee has no surplus or deficit; and
(C) Mails or delivers to the commission a copy of the committee’s closing bank statement; and
(2) The request is approved by the commission. [L 2010, c 211, pt of §2]

[§11-327] Ballot issue committee; contributions and expenditures. (a) A ballot issue committee shall receive contributions or make expenditures only for or against any issue appearing on the ballot at the next applicable election.
(b) A ballot issue committee is prohibited from receiving contributions or making expenditures to influence the nomination or election of a candidate to office.
(c) A ballot issue committee shall return all surplus funds to the contributors or donate funds to a community service, educational, youth, recreational, charitable, scientific, or literary organization within ninety days after the election for which the issue appeared on the ballot. Surplus funds that are not returned or donated within ninety days after the election for which the issue appeared on the ballot shall escheat to the Hawaii election campaign fund.
(d) Every ballot issue committee shall terminate its registration with the commission by filing a termination report to be approved as provided in section 11-326. The termination report shall be filed within ninety days after the election for which the issue appeared on the ballot. [L 2010, c 211, pt of §2]

D. Reporting and Filing with the Commission

§11-331 Filing of reports, generally. (a) Every report required to be filed by a candidate or candidate committee shall be certified as complete and accurate by the candidate and treasurer.
(b) Every report required to be filed by a noncandidate committee shall be certified as complete and accurate by the chairperson and treasurer.
(c) All reports required to be filed under this part shall be filed on the commission’s electronic filing system.
(d) For purposes of this part, whenever a report is required to be filed with the commission, “filed” means that a report shall be filed with the commission’s electronic filing system by the date and time specified for the filing of the report by:
(1) The candidate or candidate committee of a candidate who is seeking election to the:
(A) Office of governor;
(B) Office of lieutenant governor;
(C) Office of mayor;
(D) Office of prosecuting attorney;
(E) County council;
(F) Senate;
(G) House of representatives; or
(H) Office of Hawaiian affairs; or
(2) A noncandidate committee required to be registered with the commission pursuant to section 11-323.
(e) To be timely filed, a committee’s reports shall be filed with the commission’s electronic filing system on or before 11:59 p.m. Hawaiian standard time on the filing date specified.
(f) All reports filed under this part are public records and shall be made available for public inspection on the commission’s website in a searchable database. [L 2010, c 211, pt of §2; am L 2011, c 5, §4; am L 2013, c 112, §4]

§11-332 REPEALED. L 2013, c 112, §§11, 15.

[§11-333] Candidate committee reports. (a) The candidate and treasurer shall file preliminary, final, and supplemental reports that shall disclose the following information:
(1) The candidate committee’s name and address;
(2) The cash on hand at the beginning of the reporting period and election period;
(3) The reporting period and election period aggregate totals for each of the following categories:
(A) Contributions;
(B) Expenditures;
(C) Other receipts; and
(D) Loans;
(4) The cash on hand at the end of the reporting period; and
(5) The surplus or deficit at the end of the reporting period.
(b) Schedules filed with the reports shall include the following additional information:
(1) The amount and date of deposit of each contribution and the name and address of each contributor who makes contributions aggregating more than $100 in an election period; provided that if all the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit;
(2) The amount and date of deposit of each contribution and the name, address, occupation, and employer of each contributor who makes contributions aggregating $1,000 or more during an election period; provided that if all the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit;
(3) All expenditures, including the name and address of each payee and the amount, date, and purpose of each expenditure. Expenditures for consultants, advertising agencies and similar firms, credit card payments, salaries, and candidate reimbursements shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;
(4) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;
(5) Information about each loan received by the committee, together with the names and addresses of the lender and each person liable directly, and the amount of each loan. A copy of the executed loan document shall be received by the commission by mail or delivery on or before the filing date for the report covering the reporting period when the loan was received. The document shall contain the terms of the loan, including the interest and repayment schedule. Failure to disclose the loan or to provide documentation of the loan to the commission shall cause the loan to be treated as a contribution, subject to all relevant provisions of this part;
(6) A description of each durable asset, the date of acquisition, value at the time of acquisition, and the name and address of the vendor or contributor of the asset; and
(7) The date of disposition of each durable asset, value at the time of disposition, the method of disposition, and the name and address of the person receiving the asset.
(c) The candidate committee shall file a late contribution report as provided in section 11-338 if the committee receives late contributions from any person aggregating more than $500. [L 2010, c 211, pt of §2]

§11-334 Time for candidate committee to file preliminary, final, and supplemental reports. (a) The candidate and treasurer of the candidate committee of each candidate whose name will appear on the ballot shall file preliminary, final, and supplemental reports as follows:
(1) The filing dates for preliminary reports are:
(A) April 30 of the year of a general election;
(B) Thirty calendar days before a primary, initial special, or initial nonpartisan election;
(C) Ten calendar days before a primary, initial special, or initial nonpartisan election;
(D) October 1 of the year of a general election; and
(E) Ten calendar days before a general, subsequent special, or subsequent nonpartisan election; provided that this preliminary report does not need to be filed by a candidate who is unsuccessful in a primary, initial special, or initial nonpartisan election, or a candidate who is elected to office in the primary, initial special, or initial nonpartisan election.
The preliminary report filed by the date required under subparagraph (B) shall be current through June 30, and all other preliminary reports shall be current through the fifth calendar day before the filing deadline of those other preliminary reports;
(2) The filing date for the final primary report is twenty calendar days after a primary, initial special, or initial nonpartisan election. The report shall be current through the day of the applicable election;
(3) The filing date for the final election period report is thirty calendar days after a general, subsequent, subsequent special, or subsequent nonpartisan election. The report shall be current through the day of the applicable election. The final election period report shall be filed by a candidate who is unsuccessful in a primary, initial special, or initial nonpartisan election or a candidate who is elected to office in the primary, initial special, or initial nonpartisan election; provided that a candidate who is elected and is to be sworn into office prior to thirty calendar days after a general, subsequent, subsequent special, or subsequent nonpartisan election in which the candidate was elected, shall file the final election period report three business days before the date the candidate is to be sworn into office; and
(4) The filing dates for supplemental reports are:
(A) January 31 annually; and
(B) July 31 after an election year.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.
(b) A candidate and treasurer of the candidate committee of each candidate with a deficit or surplus whose name will not appear on the ballot in the immediately succeeding election shall file a supplemental report every six months on January 31 and July 31 until:
(1) The candidate’s name appears on the ballot and then is subject to the reporting requirements in subsection (a); or
(2) The committee’s registration is terminated as provided in section 11-326.

The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.
(c) A candidate and treasurer of the candidate committee of each candidate shall continue to file all required reports until the committee’s registration is terminated as provided in section 11-326. [L 2010, c 211, pt of §2; am L 2012, c 118, §1; am L 2017, c 97, §1; am L 2019, c 241, §1]

§11-335 Noncandidate committee reports. (a) The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file preliminary, final, and supplemental reports that disclose the following information:
(1) The noncandidate committee’s name and address;
(2) The cash on hand at the beginning of the reporting period and election period;
(3) The reporting period and election period aggregate totals for each of the following categories:
(A) Contributions received;
(B) Contributions made;
(C) Expenditures; and
(D) Other receipts;
(4) The cash on hand at the end of the reporting period; and
(5) The surplus or deficit at the end of the reporting period.
(b) Schedules filed with the reports shall include the following additional information:
(1) The amount and date of deposit of each contribution received and the name, address, occupation, and employer of each contributor making a contribution aggregating more than $100 during an election period, which was not previously reported; provided that if:
(A) All the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit; and
(B) A noncandidate committee making only independent expenditures receives a contribution of more than $10,000 in the aggregate in an election period from an entity other than an individual, for-profit business entity, or labor union, then the schedule shall include:
(i) The internet address where the contributing entity’s disclosure report can be publicly accessed, if the contributing entity is subject to state or federal disclosure reporting requirements regarding the source of the contributing entity’s funds;
(ii) The name, address, occupation, and employer of each funding source that contributed $100 or more in the aggregate in an election period to that contributing entity; or
(iii) An acknowledgment that the contributing entity is not subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity’s funds;
(2) The amount and date of each contribution made and the name and address of the candidate, candidate committee, or noncandidate committee to which the contribution was made;
(3) All expenditures, including the name and address of each payee and the amount, date, and purpose of each expenditure; provided that:
(A) Expenditures for advertisements or electioneering communications shall include the names of the candidates supported, opposed, or clearly identified;
(B) Expenditures for consultants, advertising agencies and similar firms, credit card payments, salaries, and candidate reimbursements shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;
(C) Independent expenditures shall include the name of any candidate supported, opposed, or clearly identified; and
(D) The purpose of an independent expenditure shall include the name of the candidate who is supported or opposed by the expenditure, and whether the expenditure supports or opposes the candidate;
(4) For noncandidate committees making only independent expenditures, certification that no expenditures have been coordinated with a candidate, candidate committee, or any agent of a candidate or candidate committee;
(5) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;
(6) A description of each durable asset, the date of acquisition, value at the time of acquisition, and the name and address of the vendor or contributor of the asset; and
(7) The date of disposition of a durable asset, value at the time of disposition, method of disposition, and name and address of the person receiving the asset.
(c) No loan may be made or received by a noncandidate committee.
(d) The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file a late contribution report as provided in section 11-338 if the committee receives late contributions from any person aggregating more than $500 or makes late contributions aggregating more than $500.
(e) For purposes of this section, “electioneering communication” means the same as defined in section 11-341. [L 2010, c 211, pt of §2; am L 2013, c 111, §1 and c 112, §5; am L 2015, c 209, §2]

§11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports. (a) The filing dates for preliminary reports are:
(1) Ten calendar days prior to a primary, special, or nonpartisan election;
(2) Ten calendar days prior to a general election; and
(3) October 1 of the year of a general election.
Each preliminary report shall be current through the fifth calendar day prior to the filing of the report.
(b) The filing date for the final primary report is twenty calendar days after the primary, initial special, or initial nonpartisan election. The report shall be current through the day of the applicable election.
(c) The filing date for the final election period report is thirty calendar days after a general, subsequent special, or subsequent nonpartisan election. The report shall be current through the day of the applicable election.
(d) The filing dates for supplemental reports are:
(1) January 31; and
(2) July 31 after an election year.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.
(e) The authorized person in the case of a party, or treasurer in the case of any other noncandidate committee, shall continue to file all reports until the committee’s registration is terminated as provided in section 11-326. [L 2010, c 211, pt of §2; am L 2013, c 111, §2; am L 2015, c 79, §1]

§11-337 Reporting expenditures. (a) For purposes of this part, an expenditure is deemed to be made or incurred when the services are rendered or the product is delivered. Services rendered or products delivered for use during a reporting period are deemed delivered or rendered during the period or periods of use; provided that these expenditures shall be reasonably allocated between periods in accordance with the time the services or products are actually used.
(b) Any expenditure that is contracted or paid for and that is to be rendered during the last three days prior to an election shall be included in a late expenditure report as provided in section 11-338. [L 2010, c 211, pt of §2; am L 2013, c 112, §6]

§11-338 Late contributions; late expenditures; report. (a) The candidate, authorized person in the case of a noncandidate committee that is a party, or treasurer in the case of a candidate committee or other noncandidate committee, that, within the period of fourteen calendar days through four calendar days prior to any election, makes contributions aggregating more than $500, or receives contributions from any person aggregating more than $500, shall file a late contribution report by means of the commission’s electronic filing system on or before the third calendar day prior to the election.
(b) The late contribution report shall include the following information:
(1) Name, address, occupation, and employer of the contributor;
(2) Name of the candidate, candidate committee, or noncandidate committee making or receiving the contribution; provided that, for noncandidate committees making only independent expenditures, if a late contribution greater than $5,000 in the aggregate is received from an entity other than an individual, for-profit business entity, or labor union, then the report shall include:
(A) The internet address where the contributing entity’s disclosure report can be publicly accessed, if the contributing entity is subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity’s funds;
(B) The name, address, occupation, and employer of each funding source of more than $100 in the aggregate to that contributing entity; or
(C) An acknowledgment that the contributing entity is not subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity’s funds;
(3) The amount of the contribution received;
(4) The amount of the contribution made;
(5) The contributor’s aggregate contributions to the candidate, candidate committee, or noncandidate committee; and
(6) The purpose, if any, to which the contribution will be applied, including, for contributions to a noncandidate committee, the name of any candidate supported, opposed, or clearly identified.
(c) A noncandidate committee that makes independent expenditures in an aggregate amount of more than $500 within the period between fourteen and four calendar days prior to any election shall file a late expenditure report by means of the commission’s electronic filing system on or before the third calendar day prior to the election. The late expenditure report shall include the following information for each expenditure:
(1) The amount and date made;
(2) The vendor name, address, and contact information; and
(3) The purpose, including the name of any candidate supported, opposed, or clearly identified by the expenditure.
(d) A late contribution report or late expenditure report filed pursuant to this section shall be in addition to any other report required to be filed by this part. [L 2010, c 211, pt of §2; am L 2013, c 112, §7; am L 2015, c 209, §3]

§11-339 Candidate committees or noncandidate committees receiving and expending $1,000 or less in an election period. (a) Any provision of law to the contrary notwithstanding, a candidate committee or noncandidate committee whose aggregate contributions and aggregate expenditures for the election period total $1,000 or less, shall electronically file only a final election period report, and need not file a preliminary and final primary report, a preliminary and final general report, or a special election report.
(b) By June 30 of an election year, a candidate committee that does not intend to receive contributions, or make expenditures, that aggregate more than $1,000 in an election period shall notify the commission of its intent in the candidate committee’s organizational report.
(c) By the fifth calendar day before the due date of the preliminary primary report, a noncandidate committee that does not intend to receive contributions, or make expenditures, that aggregate more than $1,000 in an election period shall notify the commission of its intent in the noncandidate committee’s organizational report.
(d) Until the candidate committee’s or noncandidate committee’s registration is terminated as provided in section 11-326, supplemental reports and other reports required by this part shall be filed. [L 2010, c 211, pt of §2; am L 2019, c 8, §1]

§11-340 Failure to file report; filing a substantially defective or deficient report. (a) True and accurate reports shall be filed with the commission on or before the due dates specified in this part. The commission may assess a fine against a person that is required to file a report under this part if the report is not filed by the due date or if the report is substantially defective or deficient, as determined by the commission.
(b) The fine for not filing a report by the due date, if assessed, shall not exceed $50 per day for the first seven days, beginning with the day after the due date of the report, and shall not exceed $200 per day thereafter; provided that:
(1) In aggregate, the fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and
(2) The minimum fine for a report filed more than four days after the due date, if assessed, shall be $200.
(c) Subsection (b) notwithstanding, if a candidate committee does not file the second preliminary primary report or the preliminary general report, or if a noncandidate committee does not file the preliminary primary report or the second preliminary general report by the due date, the fine, if assessed, shall not exceed $300 per day; provided that, in aggregate:
(1) The fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and
(2) The minimum fine, if assessed, shall be $300.
(d) If the commission determines that a report is substantially defective or deficient, the commission shall notify the candidate committee by first class mail that:
(1) The report is substantially defective or deficient; and
(2) A fine may be assessed.
(e) If the corrected report is not filed with the commission’s electronic filing system on or before the fourteenth day after the notice of defect or deficiency has been mailed, the fine, if assessed, for a substantially defective or deficient report shall not exceed $50 per day for the first seven days, beginning with the fifteenth day after the notice was sent, and shall not exceed $200 per day thereafter; provided that:
(1) In aggregate, the fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and
(2) The minimum fine for not filing a corrected report more than eighteen days after the notice, if assessed, shall be $200.
(f) The commission shall publish on its website the names of all candidate and noncandidate committees that have failed to:
(1) File a report; or
(2) Correct a report within two weeks from the notice to correct provided by the commission.
(g) All fines collected under this section shall be deposited into the general fund. [L 2010, c 211, pt of §2; am L 2013, c 112, §8; am L 2017, c 108, §1 and c 109, §1]

§11-341 Electioneering communications; statement of information. (a) Each person who makes an expenditure for electioneering communications in an aggregate amount of more than $2,000 during any calendar year shall file with the commission a statement of information within twenty-four hours of each disclosure date provided in this section.
(b) Each statement of information shall contain the following:
(1) The name of the person making the expenditure, name of any person or entity sharing or exercising discretion or control over the person, and the custodian of the books and accounts of the person making the expenditure;
(2) The names and titles of the executives or board of directors who authorized the expenditure, if the expenditure was made by a noncandidate committee, business entity, or an organization;
(3) The state of incorporation or formation and principal address of the noncandidate committee, business entity, or organization or for an individual, the name, address, occupation, and employer of the individual making the expenditure;
(4) The amount of each expenditure during the period covered by the statement and the identification of the person to whom the expenditure was made;
(5) The elections to which the electioneering communications pertain and the names of any clearly identifiable candidates and whether those candidates are supported or opposed;
(6) If the expenditures were made by a candidate committee or noncandidate committee, the names and addresses of all persons who contributed to the candidate committee or noncandidate committee for the purpose of publishing or broadcasting the electioneering communications;
(7) If the expenditures were made by an organization other than a candidate committee or noncandidate committee, the names and addresses of all persons who contributed to the organization for the purpose of publishing or broadcasting the electioneering communications;
(8) Whether or not any electioneering communication is made in coordination, cooperation, or concert with or at the request or suggestion of any candidate, candidate committee, or noncandidate committee, or agent of any candidate if any, and if so, the identification of the candidate, candidate committee, or noncandidate committee, or agent involved; and
(9) The three top contributors as required under section 11-393, if applicable.
(c) An electioneering communication statement of information filed pursuant to this section shall be in addition to the filing of any other report required under this part.
(d) For purposes of this section:
“Disclosure date” means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person for electioneering communications.
“Electioneering communication” means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that:
(1) Refers to a clearly identifiable candidate;
(2) Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and
(3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.
“Electioneering communication” shall not include communications:
(1) In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;
(2) That constitute expenditures by the expending organization;
(3) In house bulletins; or
(4) That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person sponsoring the debate or forum.
(e) For purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure. [L 2010, c 211, pt of §2; am L 2013, c 112, §9]

[§11-342] Fundraiser; notice of intent. (a) No fundraiser shall be held unless a notice of intent to hold the fundraiser is filed with the commission setting forth the name and address of the person in charge, the price per person, the date, hour, and place of the fundraiser, and the method thereof.
(b) The person in charge of the fundraiser shall file the notice with the commission prior to the fundraiser.
(c) As used in this section, “fundraiser” means any function held for the benefit of a candidate, candidate committee, or noncandidate committee that is intended or designed, directly or indirectly, to raise contributions for which the price or suggested contribution for attending the function is more than $25 per person. [L 2010, c 211, pt of §2]

[§11-343] Reporting deadline. When any reporting deadline falls on a Saturday, Sunday, or holiday designated in section 8-1, the reporting deadline shall be the next succeeding day that is not a Saturday, Sunday, or holiday. [L 2010, c 211, pt of §2]

[§11-344] Sale or use of information. No information in the reports or copies of the reports filed with the commission shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose. [L 2010, c 211, pt of §2]

E. Contributions; Prohibitions; Limits

[§11-351] Contributions, generally. (a) Monetary contributions and other campaign funds shall be promptly deposited in a depository institution, as defined by section 412:1-109, duly authorized to do business in the State, including a bank, savings bank, savings and loan association, depository financial services loan company, credit union, intra-Pacific bank, or similar financial institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration in the name of the candidate, candidate committee, or noncandidate committee, whichever is applicable.
(b) A candidate, candidate committee, or noncandidate committee, shall not accept a contribution of more than $100 in cash from a single person without issuing a receipt to the contributor and keeping a record of the contribution.
(c) Each candidate committee or noncandidate committee shall disclose the original source of all earmarked funds, the ultimate recipient of the earmarked funds, and the fact that the funds are earmarked. [L 2010, c 211, pt of §2]

[§11-352] False name contributions prohibited. (a) No person shall make a contribution to any candidate, candidate committee, or noncandidate committee in any name other than that of the person who owns the money, property, or service.
(b) All contributions made in the name of a person other than the owner of the money, property, or service shall escheat to the Hawaii election campaign fund. [L 2010, c 211, pt of §2]

§11-353 Anonymous contributions prohibited. (a) Except as provided in subsection (d), no person shall make an anonymous contribution to any candidate, candidate committee, or noncandidate committee.
(b) A candidate, candidate committee, or noncandidate committee shall not knowingly receive, accept, or retain an anonymous contribution, or report such contribution as an anonymous contribution, except as provided in this section.
(c) An anonymous contribution shall not be used or expended by the candidate, candidate committee, or noncandidate committee, but shall be returned to the contributor. If the contributor cannot be identified, the contribution shall escheat to the Hawaii election campaign fund.
(d) This section shall not apply to amounts that aggregate to less than $100 that are received from ten or more persons at the same political function. The receipt of these contributions shall be disclosed in a report filed pursuant to sections 11-333 and 11-335. [L 2010, c 211, pt of §2; am L 2015, c 78, §1]

[§11-354] Fundraising on state or county property prohibited. (a) Except as provided in subsection (b), no person shall solicit a contribution in a government facility that is used for the discharge of official duties by an officer or employee of the State or county.
(b) The prohibition in subsection (a) shall not apply to any government facility that permits use by nongovernmental organizations for a fee or with reservations; provided that the government facility’s use rules do not prohibit political activities on the premises. Government facilities that permit use for political activities shall be available to a candidate, candidate committee, or noncandidate committee for fundraising activities pursuant to the same terms and conditions that would otherwise apply to use by nongovernmental organizations.
(c) A person who violates the prohibition of fundraising on state or county property shall be guilty of a misdemeanor. [L 2010, c 211, pt of §2]

[§11-355] Contributions by state and county contractors prohibited. (a) It shall be unlawful for any person who enters into any contract with the State, any of the counties, or any department or agency thereof either for the rendition of personal services, the buying of property, or furnishing of any material, supplies, or equipment to the State, any of the counties, any department or agency thereof, or for selling any land or building to the State, any of the counties, or any department or agency thereof, if payment for the performance of the contract or payment for material, supplies, equipment, land, property, or building is to be made in whole or in part from funds appropriated by the legislative body, at any time between the execution of the contract through the completion of the contract, to:
(1) Directly or indirectly make any contribution, or promise expressly or impliedly to make any contribution to any candidate committee or noncandidate committee, or to any candidate or to any person for any political purpose or use; or
(2) Knowingly solicit any contribution from any person for any purpose during any period.
(b) Except as provided in subsection (a), this section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any noncandidate committee by any person other than the state or county contractor for the purpose of influencing the nomination for election, or the election of any person to office.
(c) For purposes of this section, “completion of the contract” means that the parties to the government contract have either terminated the contract prior to completion of performance or fully performed the duties and obligations under the contract, no disputes relating to the performance and payment remain under the contract, and all disputed claims have been adjudicated and are final. [L 2010, c 211, pt of §2]

[§11-356] Contributions by foreign national or foreign corporation prohibited. (a) Except as provided in subsection (b), no contributions or expenditures shall be made to or on behalf of a candidate, candidate committee, or noncandidate committee, by a foreign national or foreign corporation, including a domestic subsidiary of a foreign corporation, a domestic corporation that is owned by a foreign national, or a local subsidiary where administrative control is retained by the foreign corporation, and in the same manner prohibited under 2 United States Code section 441e and 11 Code of Federal Regulations section 110.20, as amended.
(b) A foreign-owned domestic corporation may make contributions if:
(1) Foreign national individuals do not participate in election-related activities, including decisions concerning contributions or the administration of a candidate committee or noncandidate committee; or
(2) The contributions are domestically-derived. [L 2010, c 211, pt of §2]

[§11-357] Contributions to candidate committees; limits. (a) No person shall make contributions to:
(1) A candidate seeking nomination or election to a two-year office or to a candidate committee in an aggregate amount greater than $2,000 during an election period;
(2) A candidate seeking nomination or election to a four-year nonstatewide office or to a candidate committee in an aggregate amount greater than $4,000 during an election period; or
(3) A candidate seeking nomination or election to a four-year statewide office or to a candidate committee in an aggregate amount greater than $6,000 during an election period.
(b) For purposes of this section, the length of term of an office shall be the usual length of term of the office as unaffected by reapportionment, a special election to fill a vacancy, or any other factor causing the term of the office the candidate is seeking to be less than the usual length of term of that office. [L 2010, c 211, pt of §2]

[§11-358] Contributions to noncandidate committees; limits. No person shall make contributions to a noncandidate committee in an aggregate amount greater than $1,000 in an election. This section shall not apply to ballot issue committees. [L 2010, c 211, pt of §2]

§11-359 Family contributions. (a) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the minor’s parent or guardian.
(b) A contribution by the candidate’s immediate family shall be exempt from section 11-357, but shall be limited in the aggregate to $50,000 in any election period; provided that the aggregate amount of loans and contributions received from the candidate’s immediate family does not exceed $50,000 during an election period. [L 2010, c 211, pt of §2; am L 2014, c 48, §1]

[§11-360] Contributions to a party. (a) No person shall make contributions to a party in an aggregate amount greater than $25,000 in any two-year election period, except as provided in subsection (b).
(b) No political committee established and maintained by a national political party shall make contributions to a party in an aggregate amount greater than $50,000 in any two-year election period.
(c) If a person makes a contribution to a party that is earmarked for a candidate or candidates, the contribution shall be deemed to be a contribution from both the original contributor and the party distributing such funds to a candidate or candidates. The earmarked funds shall be promptly distributed by the party to the candidate.
(d) This section shall not prohibit a candidate from making contributions to the candidate’s party if contributions are not earmarked for another candidate. [L 2010, c 211, pt of §2]

[§11-361] Aggregation of contributions and expenditures. (a) All contributions and expenditures of a person whose contributions or expenditures are financed, maintained, or controlled by any corporation, labor organization, association, party, or any other person, including any parent, subsidiary, branch, division, department, or local unit of the corporation, labor organization, association, party, political committees established and maintained by a national political party, or by any group of those persons shall be considered to be made by a single person.
(b) A contribution by a partnership shall not exceed the limitations in this section and shall be attributed to the partnership and to each partner in direct proportion to the partner’s share of the partnership profits, according to instructions that shall be provided by the partnership to the party, candidate, or committee receiving the contribution.
(c) A contribution by a limited liability company shall be treated as follows:
(1) A contribution by a limited liability company that is treated as a partnership by the Internal Revenue Service shall be considered a contribution from a partnership;
(2) A contribution by a limited liability company that is treated as a corporation by the Internal Revenue Service shall be considered a contribution from a corporation;
(3) A contribution by a limited liability company with a single individual member that is not treated as a corporation by the Internal Revenue Service shall be attributed only to that single individual member; and
(4) A limited liability company that makes a contribution shall, at the time the limited liability company makes the contribution, provide information to the party, committee, or candidate receiving the contribution specifying how the contribution is to be attributed.
(d) A person’s contribution to a party that is earmarked for a candidate or candidates shall be included in the aggregate contributions of both the person and the party. The earmarked funds shall be promptly distributed by the party to the candidate.
(e) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the minor’s parent or guardian. [L 2010, c 211, pt of §2]

[§11-362] Contributions limited from nonresident persons. (a) Contributions from all persons who are not residents of the State at the time the contributions are made shall not exceed thirty per cent of the total contributions received by a candidate or candidate committee for each election period.
(b) This section shall not be applicable to contributions from the candidate’s immediate family. [L 2010, c 211, pt of §2]

§11-363 Other contributions and expenditures. (a) Expenditures or disbursements for electioneering communications as defined in section 11-341, or any other coordinated activity made by any person for the benefit of a candidate in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate committee, or their agents, shall be considered to be a contribution to the candidate and expenditure by the candidate.
(b) The financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written or other campaign materials prepared by the candidate, candidate committee, or their agents shall be considered to be a contribution to the candidate.
This subsection shall not apply if the campaign material is:
(1) Prepared and used by candidates for governor or lieutenant governor, or their candidate committees, supporting a co-candidate in the general election;
(2) Disseminated, distributed, or republished by the candidate or the candidate committee that prepared the material;
(3) Incorporated into an advertisement or electioneering communication by a different candidate, or by a noncandidate committee, advocating the defeat of the candidate that originally prepared that material; or
(4) Incorporated into a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the candidate or the candidate committee that prepared the material also owns or controls the broadcast station or publisher.
(c) “Coordinated activity” means:
(1) The payment by any person in cooperation, consultation, or concert with, at the request of, or pursuant to, any general or particular understanding with a candidate, candidate committee, the party of a candidate, or an agent of a candidate, candidate committee, or the party of a candidate;
(2) The payment by any person for the production, dissemination, distribution, or republication of any written, graphic, or other form of campaign material, in whole or in part, prepared by a candidate, candidate committee, or noncandidate committee, or an agent of a candidate, candidate committee, or noncandidate committee; or
(3) Any payment by any person or contract for any electioneering communication, as defined in section 11-341, where the payment is coordinated with a candidate, candidate committee, the party of the candidate, or an agent of a candidate, candidate committee, or the party of the candidate.
(d) No expenditure for a candidate who files an affidavit with the commission agreeing to limit aggregate expenditures by the candidate, including coordinated activity by any person, shall be made or incurred by a candidate committee or noncandidate committee without authorization of the candidate or the candidate’s authorized representative. Every expenditure so authorized and made or incurred shall be attributed to the candidate with whom the candidate committee or noncandidate committee is directly associated for the purpose of imposing the expenditure limitations set forth in section 11-423. [L 2010, c 211, pt of §2; am L 2017, c 98, §1]

[§11-364] Excess contribution; return; escheat. (a) Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-357, 11-358, 11-359, or 11-360 shall return any excess contribution to the contributor within thirty days of receipt of the excess contribution. Any excess contribution not returned to the contributor within thirty days shall escheat to the Hawaii election campaign fund.
(b) A candidate, candidate committee, or noncandidate committee that complies with this section prior to the initiation of administrative action shall not be subject to any fine under section 11-410. [L 2010, c 211, pt of §2]

F. Loans

[§11-371] Loan to candidate committee. (a) A candidate or candidate committee may receive a loan from any or all of the following:
(1) The candidate’s own funds;
(2) A financial institution regulated by the State or a federally chartered depository institution and made in accordance with applicable law in the ordinary course of business;
(3) The candidate’s immediate family in an aggregate amount not to exceed $50,000 during an election period; provided that the aggregate amount of loans and contributions received from the immediate family shall not exceed $50,000 during an election period; and
(4) Persons other than the candidate, a financial institution described in paragraph (2), or the candidate’s immediate family, in an aggregate amount not to exceed $10,000 during an election period; provided that:
(A) If the $10,000 limit for loans from persons other than the immediate family is reached, the candidate and candidate committee shall be prohibited from receiving or accepting any other loans until the $10,000 is repaid in full; and
(B) If a loan from persons other than the candidate’s immediate family is not repaid within one year of the date that the loan is made, the candidate and candidate committee shall be prohibited from accepting any other loans. All campaign funds, including contributions subsequently received, shall be used to repay the outstanding loan in full.
(b) For purposes of this section, a “loan” does not include expenditures made on behalf of a candidate committee by a candidate, volunteer, or employee if:
(1) The candidate’s, volunteer’s, or employee’s aggregate expenditures do not exceed $1,500 within a thirty-day period;
(2) A dated receipt and a written description of the name and address of each payee and the amount, date, and purpose of each expenditure is provided to the candidate committee before the candidate committee reimburses the candidate, volunteer, or employee; and
(3) The candidate committee reimburses the candidate, volunteer, or employee within forty-five days of the expenditures being made. [L 2010, c 211, pt of §2]

[§11-372] Reporting loan; written loan agreement. (a) Every loan shall be reported as provided in section 11-333.
(b) Every loan in excess of $100 shall be documented as provided in section 11-333.
(c) A loan shall be treated as a contribution, subject to all relevant provisions of this part, if the loan is not reported or documented as provided in section 11-333. [L 2010, c 211, pt of §2]

[§11-373] Noncandidate committee loan prohibited. A noncandidate committee shall not receive or make a loan. [L 2010, c 211, pt of §2]

G. Expenditures

§11-381 Campaign funds only used for certain purposes. (a) Campaign funds may be used by a candidate, treasurer, or candidate committee:
(1) For any purpose directly related:
(A) In the case of the candidate, to the candidate’s own campaign; or
(B) In the case of a candidate committee or treasurer of a candidate committee, to the campaign of the candidate, question, or issue with which they are directly associated;
(2) To purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit to the candidate. The candidate, however, shall reimburse the candidate’s candidate committee for the candidate’s personal use of these items unless the personal use is de minimis;
(3) To make donations to any community service, educational, youth, recreational, charitable, scientific, or literary organization; provided that in any election period, the total amount of all donations shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no donations shall be made from the date the candidate files nomination papers to the date of the general election unless the candidate is:
(A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41;
(B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or
(C) Unsuccessful in the primary or special primary election;
(4) To make donations to any public school or public library; provided that in any election period, the total amount of all contributions shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that any donation under this paragraph shall not be aggregated with or imputed toward any limitation on donations pursuant to paragraph (3);
(5) To award scholarships to full-time students attending an institution of higher education or a vocational education school in a program leading to a degree, certificate, or other recognized educational credential; provided that in any election period, the total amount of all scholarships awarded shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no awards shall be made from the filing deadline for nomination papers to the date of the general election unless the candidate is:
(A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41;
(B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or
(C) Unsuccessful in the primary or special primary election;
(6) To purchase not more than two tickets for each event held by another candidate or committee, regardless of whether the event constitutes a fundraiser as defined in section 11-342;
(7) To make contributions to the candidate’s party so long as the contributions are not earmarked for another candidate; or
(8) To pay for ordinary and necessary expenses incurred in connection with the candidate’s duties as a holder of an office, including expenses incurred for memberships in civic or community groups.
(b) Campaign funds may be used for the candidate’s next subsequent election upon registration for the election pursuant to section 11-321. [L 2010, c 211, pt of §2; am L 2012, c 20, §2; am L 2016, c 247, §1; am L 2019, c 107, §1]

[§11-382] Prohibited uses of campaign funds. Campaign funds shall not be used:
(1) To support the campaigns of candidates other than the candidate with which they are directly associated;
(2) To campaign against any other candidate not directly opposing the candidate with which they are directly associated; or
(3) For personal expenses. [L 2010, c 211, pt of §2]

[§11-383] Exceptions. Notwithstanding sections 11-381 and 11-382:
(1) A party may support more than one candidate; and
(2) A candidate for the office of governor or lieutenant governor may support a co-candidate in the general election. [L 2010, c 211, pt of §2]

[§11-384] Disposition of campaign funds; termination of registration. (a) The candidate committee and candidate who receives contributions for an election but fails to file nomination papers for that election shall return residual funds to the contributors no later than ninety days after the date on which nominations for that election shall be filed. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.
(b) The candidate committee and candidate who withdraws or ceases to be a candidate for the election because of death, disqualification, or other reasons shall return residual funds to the contributors no later than ninety days after the candidate ceases to be a candidate. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.
(c) A candidate who is elected to office, including a candidate subject to term limits and a candidate who resigned before the end of the term of office and the candidate committee of such a candidate, may use campaign funds as provided in section 11-381 or return funds to contributors until four years from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.
(d) A candidate who loses an election and the candidate committee of such a candidate may use campaign funds as provided in section 11-381 or return funds to contributors until one year from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.
(e) A candidate committee that disposes of campaign funds pursuant to this section shall terminate its registration with the commission as provided in section 11-326.
(f) Notwithstanding any of the foregoing, campaign funds may be used for the candidate’s next subsequent election as provided in section 11-381 upon registration for the election pursuant to section 11-321.
(g) The commission shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2010, c 211, pt of §2]

H. Advertisements

§11-391 Advertisements. (a) Any advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic means, shall:
(1) Contain the name and address of the candidate, candidate committee, noncandidate committee, or other person paying for the advertisement;
(2) Contain a notice in a prominent location stating either that:
(A) The advertisement has the approval and authority of the candidate; provided that an advertisement paid for by a candidate, candidate committee, or ballot issue committee does not need to include the notice; or
(B) The advertisement has not been approved by the candidate; and
(3) Not contain false information about the time, date, place, or means of voting.
(b) The fine for violation of this section, if assessed by the commission, shall not exceed $25 for each advertisement that lacks the information required by this section or provides prohibited information, and shall not exceed an aggregate amount of $5,000. [L 2010, c 211, pt of §2; am L 2013, c 112, §10; am L 2014, c 128, §§2, 4]

[§11-392] House bulletins. The costs of preparing, printing, and circulating house bulletins and the writings, drawings, and photographs contained therein, except for paid political advertisements, shall be exempt from the provisions of this part. [L 2010, c 211, pt of §2]

[§11-393] Identification of certain top contributors to noncandidate committees making only independent expenditures. (a) An advertisement shall contain an additional notice in a prominent location immediately after or below the notices required by section 11-391, if the advertisement is broadcast, televised, circulated, or published, including by electronic means, and is paid for by a noncandidate committee that certifies to the commission that it makes only independent expenditures. This additional notice shall start with the words, “The three top contributors for this advertisement are”, followed by the names of the three top contributors, as defined in subsection (e), who made the highest aggregate contributions to the noncandidate committee for the purpose of funding the advertisement; provided that:
(1) If a noncandidate committee is only able to identify two top contributors who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, “The two top contributors for this advertisement are”, followed by the names of the two top contributors;
(2) If a noncandidate committee is able to identify only one top contributor who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, “The top contributor for this advertisement is”, followed by the name of the top contributor;
(3) If a noncandidate committee is unable to identify any top contributors who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, “The three top contributors for this noncandidate committee are”, followed by the names of the three top contributors who made the highest aggregate contributions to the noncandidate committee; and
(4) If there are no top contributors to the noncandidate committee, the noncandidate committee shall not be subject to this section.
In no case shall a noncandidate committee be required to identify more than three top contributors pursuant to this section.
(b) If a noncandidate committee has more than three top contributors who contributed in equal amounts, the noncandidate committee may select which of the top contributors to identify in the advertisement; provided that the top contributors not identified in the advertisement did not make a higher aggregate contribution than those top contributors who are identified in the advertisement. The additional notice required for noncandidate committees described under this subsection shall start with the words “Three of the top contributors for this advertisement are” or “Three of the top contributors to this noncandidate committee are”, as appropriate, followed by the names of the three top contributors.
(c) This section shall not apply to advertisements broadcast by radio or television of such short duration that including a list of top contributors in the advertisement would constitute a hardship to the noncandidate committee paying for the advertisement. A noncandidate committee shall be subject to all other requirements under this part regardless of whether a hardship exists pursuant to this subsection. The commission shall adopt rules pursuant to chapter 91 to establish criteria to determine when including a list of top contributors in an advertisement of short duration constitutes a hardship to a noncandidate committee under this subsection.
(d) Any noncandidate committee that violates this section shall be subject to a fine under section 11-410.
(e) For purposes of this part, “top contributor” means a contributor who has contributed an aggregate amount of $10,000 or more to a noncandidate committee within a twelve-month period prior to the purchase of an advertisement. [L 2013, c 112, §2]

I. Enforcement

[§11-401] Subpoena powers. (a) The commission may subpoena witnesses, examine them under oath, and require the production of books, papers, documents, or objects to the commission office or at any place in the State whether or not the subpoena is in connection with any hearing; provided that the person or documents subpoenaed shall be relevant to a matter under study or investigation by the commission.
(b) The books, papers, documents, or objects may be retained by the commission for a reasonable period of time for examination, audit, copying, testing, and photographing.
(c) The subpoena power shall be exercised by the chairperson of the commission, or the chairperson’s designee.
(d) Upon application of the commission, obedience to the subpoena shall be enforced by the circuit court in the county in which the person subpoenaed resides or is found, in the same manner as a subpoena issued by a circuit court. [L 2010, c 211, pt of §2]

[§11-402] Filing of complaint. (a) A person alleging violations of this part shall file a complaint with the commission.
(b) A complaint initiated by the commission shall be in writing and signed by the executive director.
(c) A complaint by a person other than the executive director shall be in writing, signed by the person filing the complaint, and notarized. [L 2010, c 211, pt of §2]

[§11-403] Notice of complaint; opportunity to explain or respond to complaint. (a) The commission shall give notice of receipt of the complaint and a copy of the complaint to the respondent.
(b) The respondent may explain or otherwise respond in writing to the complaint and explain or otherwise respond to the complaint at a meeting promptly noticed by the commission and conducted under chapter 92. [L 2010, c 211, pt of §2]

[§11-404] Initial determination by the commission. The commission shall promptly determine, without regard to chapter 91, to:
(1) Summarily dismiss the complaint;
(2) Investigate further;
(3) Make a preliminary determination; or
(4) Refer the complaint to an appropriate prosecuting attorney for prosecution under section 11-411. [L 2010, c 211, pt of §2]

[§11-405] Preliminary determination regarding probable cause. (a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by certified mail.
(b) The respondent shall be afforded an opportunity to contest the commission’s preliminary determination of probable cause by making a request for a contested case hearing under chapter 91 within twenty days of receipt of the preliminary determination. Failure to request a contested case hearing shall render the commission’s preliminary determination final. [L 2010, c 211, pt of §2]

[§11-406] Waiver of further proceedings. The commission may waive further proceedings due to action the respondent takes to remedy or correct the alleged violation, including the payment of any administrative fine. The commission shall make the remedial or corrective action taken by the respondent, the commission’s decision in light of the action to waive further proceedings, and the commission’s justification for its decision a part of the public record. [L 2010, c 211, pt of §2]

[§11-407] Contested case hearing. (a) A contested case hearing shall be conducted pursuant to chapter 91 and any rules adopted by the commission, except as provided in this section.
(b) If a hearing is held before the commission, the commission shall not be bound by strict rules of evidence when conducting a hearing to determine whether a violation of this part has occurred, and the degree or quantum of proof required shall be a preponderance of the evidence.
(c) The commission or hearings officer, if there is no dispute as to the facts involved in a particular matter, may permit the parties to proceed by memoranda of law in lieu of a hearing unless the procedure would unduly burden any party or is otherwise not conducive to the ends of justice.
(d) A record shall be made of the proceeding.
(e) All parties shall be afforded full opportunity to present evidence and argument on all issues involved.
(f) Any person who appears before the commission shall have all of the rights, privileges, and responsibilities of a witness appearing before the courts of this State. All witnesses summoned before the commission or hearings officer shall receive reimbursements as paid in like circumstances in the courts of this State. Any person whose name is mentioned during a proceeding before the commission and who may be adversely affected thereby may appear or file a written statement for incorporation into the record of the proceeding.
(g) If a hearing is held before a hearings officer, the hearings officer shall render a recommended decision for the commission’s consideration. Any party adversely affected by the decision may file written exceptions with the commission within fifteen days after receipt of a copy of the decision by certified mail.
(h) The commission, as expeditiously as possible after the close of the commission’s hearing, shall issue its final determination of violation together with separate findings of fact and conclusions of law regarding whether a violation of this part has been committed. [L 2010, c 211, pt of §2]

[§11-408] Dismissal. The complaint shall be dismissed if the commission makes a final determination that there is no violation of this part. [L 2010, c 211, pt of §2]

[§11-409] Final determination of violation; order. If the commission makes a final determination of a violation of this part, its written decision with findings of fact and conclusions of law may order any of the following:
(1) The return of any contribution;
(2) The reimbursement of any unauthorized expenditure;
(3) The payment of any administrative fine to the general fund of the State;
(4) The respondent to cease and desist violations of this part; or
(5) Any report, statement, or other information to be filed that may be required by this part. [L 2010, c 211, pt of §2]

[§11-410] Administrative fines; relief. (a) The commission may make a decision or issue an order affecting any person violating any provision of this part or section 281-22 that may provide for the assessment of an administrative fine as follows:
(1) If an individual, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure; or
(2) If a corporation, organization, association, or labor union, an amount not to exceed $1,000 for each occurrence;
provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation.
(b) Any order for the assessment of an administrative fine shall not be issued against a person without providing the person written notice and an opportunity to be heard at a hearing conducted under chapter 91. A person may waive these rights by written stipulation or consent.
(c) If an administrative fine is imposed upon a candidate, the commission may order that the fine, or any portion, be paid from the candidate’s personal funds.
(d) If the person to whom the commission’s order is directed does not comply with the order, the first circuit court, upon application of the commission, shall issue an order requiring the person to comply with the commission’s order. Failure to obey such a court order shall be punished as contempt.
(e) Any administrative fine collected by the commission shall be deposited in the general fund of the State.
(f) Any person or the commission may sue for injunctive relief to compel compliance with this part.
(g) The provisions of this section shall not prohibit prosecution under any appropriate provision of the Hawaii Penal Code or section 11-412.
(h) This section shall not apply to any person who, prior to the commencement of proceedings under this section, has paid or agreed to pay the fines prescribed by sections 11-340 and 11-391(b). [L 2010, c 211, pt of §2]

[§11-411] Criminal referral. In lieu of an administrative determination that a violation of this part has been committed, the commission may refer the complaint to the attorney general or county prosecutor at any time it believes the respondent may have recklessly, knowingly, or intentionally committed a violation. [L 2010, c 211, pt of §2]

[§11-412] Criminal prosecution. (a) Any person who recklessly, knowingly, or intentionally violates any provision of this part shall be guilty of a misdemeanor.
(b) Any person who knowingly or intentionally falsifies any report required by this part with the intent to circumvent the law or deceive the commission or who violates section 11-352 or 11-353 shall be guilty of a class C felony. A person charged with a class C felony shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
(c) A person who is convicted under this section shall be disqualified from holding elective public office for a period of four years from the date of conviction.
(d) For purposes of prosecution for violation of this part, the offices of the attorney general and the prosecuting attorney of the respective counties shall be deemed to have concurrent jurisdiction to be exercised as follows:
(1) Prosecution shall commence with a written request from the commission or upon the issuance of an order of the court; provided that prosecution may commence prior to any proceeding initiated by the commission or final determination;
(2) In the case of statewide offices, parties, or issues, the attorney general or the prosecuting attorney for the city and county of Honolulu shall prosecute any violation; and
(3) In the case of all other offices, parties, or issues, the attorney general or the prosecuting attorney for the respective county shall prosecute any violation.
In the commission’s choice of prosecuting agency, it shall be guided by whether any conflicting interest exists between the agency and its appointive authority.
(e) The court shall give priority to the expeditious processing of prosecutions under this section.
(f) Prosecution for violations of this part shall not commence after five years have elapsed from the date of the violation or date of filing of the report covering the period in which the violation occurred, whichever is later.
(g) This section shall not apply to any person who, prior to the commencement of proceedings under this section, has paid or agreed to pay the fines prescribed by sections 11-340 and 11-391(b). [L 2010, c 211, pt of §2]

J. Partial Public Financing

[§11-421] Hawaii election campaign fund; creation. (a) The Hawaii election campaign fund is created as a trust fund within the state treasury.
(b) The fund shall consist of:
(1) All moneys collected from persons who have designated a portion of their income tax liability to the fund as provided in section 235-102.5(a);
(2) Any general fund appropriations; and
(3) Other moneys collected pursuant to this part.
(c) Moneys in the fund shall be paid to candidates by the comptroller as prescribed in section 11-431 and may be used for the commission’s operating expenses, including staff salaries and fringe benefits. [L 2010, c 211, pt of §2]

[§11-422] Depletion of fund. (a) The commission shall be under no obligation to provide moneys to candidates if, in the partial public funding program or comprehensive public funding for elections to the county of Hawaii council, moneys in the Hawaii election campaign fund are near depletion.
(b) For the purpose of the partial funding program, if the Hawaii election campaign fund is close to depletion as determined by the commission, the commission shall determine the amounts available to eligible candidates based on their order of eligibility in qualifying for partial public funds, as determined by the date of filing of an application for public funds with the commission pursuant to section 11-428; provided that the application has been accepted by the commission.
(c) For the purpose of the comprehensive public funding for elections to the county councils, if the Hawaii [election] campaign fund is close to depletion, the commission shall determine whether the program shall be operative in accordance with this part. [L 2010, c 211, pt of §2]

§11-423 Voluntary expenditure limits; filing affidavit. (a) Any candidate may voluntarily agree to limit the candidate’s expenditures and those of the candidate’s candidate committee or committees and the candidate’s party on the candidate’s behalf by filing an affidavit with the campaign spending commission.
(b) The affidavit shall state that the candidate knows the voluntary campaign expenditure limitations as set out in this part and that the candidate is voluntarily agreeing to limit the candidate’s expenditures and those made on the candidate’s behalf by the amount set by law. The affidavit shall be subscribed to by the candidate and notarized and filed no later than the time of filing nomination papers with the chief election officer or county clerk.
(c) The affidavit shall remain effective until the termination of the candidate committee or the opening of filing of nomination papers for the next succeeding election, whichever occurs first. An affidavit filed under this section may not be rescinded.
(d) From January 1 of the year of any primary, special, or general election, the aggregate expenditures for each election by a candidate who voluntarily agrees to limit campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone, all treasurers, the candidate committee, and noncandidate committees on the candidate’s behalf, shall not exceed the following amounts expressed, respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:
(1) For the office of governor — $2.50;
(2) For the office of lieutenant governor — $1.40;
(3) For the office of mayor — $2.00;
(4) For the offices of state senator, state representative, county council member, and prosecuting attorney — $1.40; and
(5) For all other offices — 20 cents. [L 2010, c 211, pt of §2; am L 2011, c 5, §5; am L 2013, c 63, §1]

§11-424 REPEALED. L 2014, c 140, §2.

§11-425 Maximum amount of public funds available to candidate. (a) The maximum amount of public funds available in each election to a candidate for the office of governor, lieutenant governor, or mayor shall not exceed ten per cent of the expenditure limit established in section 11-423(d) for each election.
(b) The maximum amount of public funds available in each election to a candidate for the office of state senator, state representative, county council member, and prosecuting attorney shall not exceed fifteen per cent of the expenditure limit established in section 11-423(d) for each election.
(c) For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed $1,500 in any election year.
(d) For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.
(e) Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election. For purposes of this section, “qualified” means meeting the qualifying campaign contribution requirements of section 11-429. [L 2010, c 211, pt of §2; am L 2011, c 5, §6]

§11-426 Candidate exceeds voluntary expenditure limit. A candidate who files the affidavit agreeing to limit expenditures and who exceeds the expenditure limit for that election shall:
(1) Notify all opponents, the office of elections, and the commission by telephone and writing on the day the expenditure limit is exceeded;
(2) Pay the balance of the full filing fee; and
(3) Provide reasonable notice to all contributors within thirty days of exceeding the limit that the expenditure limit was exceeded. [L 2010, c 211, pt of §2; am L 2014, c 140, §1]

[§11-427] Reserving use of contributions. A candidate who files the affidavit voluntarily agreeing to limit expenditures and who receives contributions that in aggregate exceed the expenditure limit for an election shall reserve use of any contributions that exceed the limit until after the applicable election. [L 2010, c 211, pt of §2]

[§11-428] Eligibility requirements for public funds. In order to be eligible to receive public funds for an election, a candidate shall certify that the candidate will meet all the following requirements:
(1) The candidate and any candidate committee authorized by the candidate shall not incur campaign expenses in excess of the expenditure limitations imposed by section 11-423;
(2) The candidate has qualified to be on the election ballot in a primary or general election;
(3) The candidate has filed a statement of intent to seek qualifying contributions. A contribution received before the filing of a statement of intent to seek public funds shall not be considered a qualifying contribution;
(4) The candidate or candidate committee authorized by the candidate has received the minimum qualifying contribution amounts for the office sought by the candidate as set forth in section 11-429;
(5) The aggregate of contributions certified with respect to any person under paragraph (4) does not exceed $100;
(6) The candidate agrees to obtain and furnish any evidence relating to expenditures that the commission may request;
(7) The candidate agrees to keep and furnish records, books, and other information that the commission may request;
(8) The candidate agrees to an audit and examination by the commission pursuant to section 11-434 and to pay any amounts required to be paid pursuant to that section; and
(9) Each candidate and candidate committee in receipt of qualifying contributions that may be taken into account for purposes of public funding shall maintain, on a form prescribed by the commission, records that show the date and amount of each qualifying contribution and the full name and mailing address of the person making the contribution. The candidate and the candidate committee authorized by the candidate shall transmit to the commission all reports with respect to these contributions that the commission may require. [L 2010, c 211, pt of §2]

[§11-429] Minimum qualifying contribution amounts; qualifying contribution statement. (a) As a condition of receiving public funds for a primary or general election, a candidate shall not be unopposed in any election for which public funds are sought, shall have filed an affidavit with the commission pursuant to section 11-423 to voluntarily limit the candidate’s campaign expenditures, and shall be in receipt of the following sum of qualifying contributions from individual residents of Hawaii:
(1) For the office of governor — qualifying contributions that in the aggregate exceed $100,000;
(2) For the office of lieutenant governor — qualifying contributions that in the aggregate exceed $50,000;
(3) For the office of mayor for each respective county:
(A) County of Honolulu — qualifying contributions that in the aggregate exceed $50,000;
(B) County of Hawaii — qualifying contributions that in the aggregate exceed $15,000;
(C) County of Maui — qualifying contributions that in the aggregate exceed $10,000; and
(D) County of Kauai — qualifying contributions that in the aggregate exceed $5,000;
(4) For the office of prosecuting attorney for each respective county:
(A) County of Honolulu — qualifying contributions that in the aggregate exceed $30,000;
(B) County of Hawaii — qualifying contributions that in the aggregate exceed $10,000; and
(C) County of Kauai — qualifying contributions that in the aggregate exceed $5,000;
(5) For the office of county council — for each respective county:
(A) County of Honolulu — qualifying contributions that in the aggregate exceed $5,000;
(B) County of Hawaii — qualifying contributions that in the aggregate exceed $1,500;
(C) County of Maui — qualifying contributions that in the aggregate exceed $5,000; and
(D) County of Kauai — qualifying contributions that in the aggregate exceed $3,000;
(6) For the office of state senator — qualifying contributions that, in the aggregate exceed $2,500;
(7) For the office of state representative — qualifying contributions that, in the aggregate, exceed $1,500;
(8) For the office of Hawaiian affairs — qualifying contributions that, in the aggregate, exceed $1,500; and
(9) For all other offices, qualifying contributions that, in the aggregate, exceed $500.
(b) A candidate shall obtain the minimum qualifying contribution amount set forth in subsection (a) once for the election period.
(1) If the candidate obtains the minimum qualifying contribution amount, the candidate is eligible to receive:
(A) The minimum payment in an amount equal to the minimum qualifying contribution amounts; and
(B) Payments of $1 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts; and
(2) A candidate shall have at least one other qualified candidate as an opponent for the primary or general election to receive public funds for that election.
(c) The candidate shall not receive more than the maximum amount of public funds available to a candidate pursuant to section 11-425; provided that the candidate shall not receive public funds for a primary election if the candidate does not obtain the minimum qualifying contribution amounts before the date of the primary election. [L 2010, c 211, pt of §2]

[§11-430] Application for public funds. (a) Each application for public funds shall be signed by the candidate and notarized, and accompanied by the qualifying campaign contribution statement or statements.
(b) The application shall be mailed or delivered to the commission and shall not be valid unless received by the commission no later than thirty days after the general election.
(c) Each candidate in receipt of the minimum qualifying contribution amount established for the office that the candidate seeks may apply to the commission for public funding after the candidate has become a candidate in a primary or general election. [L 2010, c 211, pt of §2]

[§11-431] Payment to candidate. (a) Upon the commission’s approval of the application and statement of qualifying contributions, the commission shall direct the comptroller to distribute matching public funds up to the maximum amount of public funds allowed by section 11-425. Public funds shall be distributed to the candidate within twenty days from the date that the candidate’s initial application and qualifying contribution statement is approved by the commission.
(b) The commission shall make additional determinations within fourteen days after receiving a complete application and supplemental statement of qualifying contributions from a candidate.
(c) All determinations made by the commission under this section are final and conclusive, except to the extent they are subject to examination and audit by the commission under section 11-434. [L 2010, c 211, pt of §2]

[§11-432] Use of public funds. (a) Public funds shall be deposited in a depository institution, as defined in section 412:1-109, duly authorized to do business in the State, such as a bank, savings bank, savings and loan association, depository financial services loan company, credit union, intra-Pacific bank, or similar financial institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
(b) No expenditures of any public funds shall be made except by checks drawn on such checking account.
(c) Public funds shall be only used to:
(1) Defray expenditures of the candidate or the candidate committee authorized by the candidate; and
(2) Repay loans, the proceeds of which were used to defray expenditures.
(d) Public funds shall not be transferred to another candidate for any election.
(e) Unexpended public funds shall be returned to the commission by the deadline for filing the final report for the election for which the funds were received. [L 2010, c 211, pt of §2]

[§11-433] Post-election report required. The treasurer shall electronically submit an expenditure of public funds report to the commission no later than twenty days after a primary election and no later than thirty days after a general election certifying that all public funds paid to the candidate have been used as required by this part.
Should the commission determine that any portion of the public funds have been used for noncampaign or other improper expenses, it shall report such finding to the attorney general and shall order the candidate to return all or part of the funds paid to that candidate for a primary or general election. When public funds are returned, the funds shall be deposited into the Hawaii election campaign fund. [L 2010, c 211, pt of §2]

[§11-434] Post-election examination and audit; return of funds. (a) The commission shall examine and audit the public funds received by all candidates, qualifying contributions, and the expenditures made by all candidates within sixty days after each general election.
(b) The commission shall adopt rules, pursuant to chapter 91, prior to the payment of public money, regarding expenditures which qualify under section 11-432.
(c) If the commission determines that any payment of public funds to a candidate exceeded the aggregate amount to which the candidate was entitled, the commission shall notify the candidate within two years of the payment of the public funds and the candidate shall repay the excess amount to the Hawaii election campaign fund.
(d) If the commission determines that any public funds were used for any improper purpose, the commission shall notify the candidate, and the candidate shall pay to the Hawaii election campaign fund an amount equal to three hundred per cent of such amount in addition to any fines under section 11-410 and section 11-412. [L 2010, c 211, pt of §2]

[§11-435] Report and recommendation. In January of each year, the commission shall submit to the legislature:
(1) A study and recommendations of reasonable campaign expenditure and contribution limits and the factors which may be relevant in their establishment; and
(2) A report concerning the status of the Hawaii election [campaign] fund. [L 2010, c 211, pt of §2]

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Chapter 12 – Primary Elections

PART I. NOMINATION; DETERMINATION OF CANDIDATES

§12-1 Application of chapter. All candidates for elective office, except as provided in section 14-21, shall be nominated in accordance with this chapter and not otherwise. [L 1970, c 26, pt of §2]

§12-1.5 REPEALED. L 1980, c 139, §1.

§12-2 Primary held when; candidates only those nominated. The primary shall be held on the second Saturday of August in every even numbered year.
No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(a); am L 1975, c 36, §2(1); am L 1976, c 106, §2(1); am L 1979, c 122, §2; gen ch 1985; am L 2010, c 126, §2]

§12-2.5 Nomination papers; when available. Nomination papers shall be made available from the first working day of February in every even-numbered year; provided that in the case of a special primary or special election, nomination papers shall be made available at least ten days prior to the close of filing. [L 1979, c 133, §7; am L 1990, c 35, §6]

§12-3 Nomination paper; format; limitations. (a) No candidate’s name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed on the candidate’s behalf and in the name by which the candidate is commonly known. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:
(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;
(2) A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;
(3) The residence address and county in which the candidate resides;
(4) The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate’s party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk prior to releasing the form to the candidate;
(5) Space for the name, signature, month and date portions of the date of birth, and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that a voter’s social security number or any portion thereof and the year portion of the voter’s date of birth shall not be required;
(6) A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;
(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;
(8) For candidates seeking elective county office, a sworn certification by self-subscribing oath by the candidate that the candidate has complied with the relevant provisions of the applicable county charter and county ordinances pertaining to elected officials;
(9) A sworn certification by self-subscribing oath, where applicable, by the candidate that the candidate has complied with the provisions of article II, section 7, of the Hawaii State Constitution;
(10) A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and
(11) The name the candidate wishes to be printed on the ballot and the mailing address of the candidate.
(b) Signatures of registered voters shall not be counted, unless they are upon the nomination paper having the format set forth above, written or printed thereon, and if there are separate sheets to be attached to the nomination paper, the sheets shall have the name of the candidate, the candidate’s party affiliation or nonpartisanship, and the office and district for which the candidate is running placed thereon by the chief election officer or the clerk. The nomination paper and separate sheets shall be provided by the chief election officer or the clerk.
(c) Nomination papers shall not be filed in behalf of any person for more than one party or for more than one office; nor shall any person file nomination papers both as a party candidate and as a nonpartisan candidate.
(d) The office and district for which the candidate is running, the candidate’s name, and the candidate’s party affiliation or nonpartisanship may not be changed from that indicated on the nomination paper and separate sheets. If the candidate wishes to run for an office or district different from that for which the nomination paper states or under a different party affiliation or nonpartisanship, the candidate may request the appropriate nomination paper from the chief election officer or clerk and have it signed by the required number of registered voters.
(e) Nomination papers that contain alterations or changes made by anyone other than the chief election officer or the clerk to the candidate’s information, the candidate’s party affiliation or nonpartisanship, the office to which the candidate seeks nomination, or the oath of loyalty or affirmation, after the nomination paper was issued by the chief election officer or clerk, shall be void and will not be accepted for filing by the chief election officer or clerk.
(f) Nomination papers that are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(b); am L 1975, c 36, §2(2); am L 1979, c 139, §6; am L 1980, c 264, §2; am L 1983, c 34, §19; am L 1997, c 288, §1; am L 2005, c 13, §1; am L 2011, c 157, §1 and c 159, §3; am L 2019, c 22, §1]

§12-4 Nomination papers; qualifications of signers. (a) No person shall sign the nomination papers of more than one candidate, partisan or nonpartisan, for the same office, unless there is more than one office in a class in which case no person shall sign papers for more than the actual number of offices in a class. Nomination papers shall be construed in this regard according to priority of filing, and the name of any person appearing thereon shall be counted only so long as this provision is not violated, and not thereafter.
(b) Names on nomination papers shall not be counted, unless the signer is a registered voter and is eligible to vote for the candidate. The chief election officer or clerk shall use the most currently compiled general county register available at the time the nomination paper is presented for filing to determine the eligibility of the registered voters to sign for the candidate. Voter registration affidavits that have not been entered into the voter register by the clerk shall not be considered or accepted for this check. At the time of filing, the chief election officer or clerk may reject the candidate’s nomination paper for lack of sufficient signers who are eligible to vote for the candidate.
(c) Any registered voter who, after signing a nomination paper, seeks to withdraw the voter’s signature shall do so by providing 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 section 12-6. The written notice shall include the voter’s name, residence address, the month and date portions of the voter’s date of birth, the voter’s signature, the name of the candidate, and a statement that the voter wishes to remove the voter’s signature from the candidate’s nomination paper; provided that the written notice shall not require the voter’s social security number or any portion thereof and the year portion of the voter’s date of birth. Any request by a registered voter to remove the voter’s signature from a candidate’s nomination paper that is received by the chief election officer, or clerk in the case of a county office, after the candidate’s nomination paper has been filed or after 4:30 p.m. on the fourth business day prior to the close of filing shall not be accepted.
(d) Within twenty-four hours upon receipt of a written notice pursuant to subsection (c), the chief election officer, or clerk in the case of a county office, shall send written notice via registered mail to the candidate that the voter requested to have the voter’s signature removed from the candidate’s nomination paper and that the signature of the voter shall not be counted. [L 1970, c 26, pt of §2; am L 1974, c 34, §2(a); am L 1996, c 173, §5; am L 1997, c 288, §2; am L 2019, c 22, §2]

§12-5 Nomination papers: number of signers. (a) Nomination papers for candidates for members of Congress, governor, and lieutenant governor shall be signed by not less than twenty-five registered voters of the State or of the Congressional district from which the candidates are running in the case of candidates for the United States House of Representatives.
(b) Nomination papers for candidates for either branch of the legislature and for county office shall be signed by not less than fifteen registered voters of the district or county or subdivision thereof for which the person nominated is a candidate.
(c) Nomination papers for candidates for members of the board of trustees of the office of Hawaiian affairs shall be signed by not less than twenty-five persons registered to vote.
(d) No signatures shall be required on nomination papers for candidates filing to run in a special primary or special election to fill a vacancy. [L 1970, c 26, pt of §2; am L 1979, c 196, §6; am L 1990, c 35, §7; am L 2011, c 5, §7; am L 2012, c 225, §5]

§12-6 Nomination papers: time for filing; fees. (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, or clerk in case of county offices, not later than 4:30 p.m. on the first Tuesday in June. However, in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that is issued calling for the election as provided for by state law or county charter. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate’s declaration of candidacy without delay.
(b) If after the close of filing there are no candidates who have filed nomination papers for an elective office for the primary, special primary, or any special election held in conjunction with the primary election, the chief election officer or clerk, in the case of a county election, shall accept nomination papers for that office until 4:30 p.m. on the tenth day after the original close of filing.
[(c)] There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election which shall be paid into the treasury of the State, or county, as the case may be, as a realization:
(1) For United States senators and United States representatives–$75;
(2) For governor and lieutenant governor–$750;
(3) For mayor–$500; and
(4) For all other offices–$250.
[(d)] Upon the receipt by the chief election officer or the clerk of the nomination paper of a candidate, the day, hour, and minute when it was received shall be endorsed thereon.
(e) Upon the showing of a certified copy of an affidavit which has been filed with the campaign spending commission pursuant to section 11-423 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts:
(1) For the office of governor and lieutenant governor–$675;
(2) For the office of mayor–$450; and
(3) For all other offices–$225.
[(f)] The chief election officer or clerk shall waive the filing fee in the case of a person who declares, by affidavit, that the person is indigent and who has filed a petition signed by currently registered voters who constitute at least one-half of one per cent of the total voters registered at the last preceding general election in the respective district or districts which correspond to the specific office for which the indigent person is a candidate. This petition shall be submitted on the form prescribed and provided by the chief election officer together with the nomination paper required by this chapter. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(c); am L 1974, c 34, §2(b); am L 1975, c 36, §2(3); am L 1976, c 106, §2(2); am L 1977, c 189, §2(1); am L 1979, c 196, §7 and c 224, §5; am L 1983, c 34, §20; am L 1990, c 35, §8; am L 1991, c 10, §2; am L 2000, c 129, §1; am L 2002, c 30, §1; am L 2010, c 126, §3 and c 211, §4]
Revision Note
Subsection (b) was enacted as a new section but is codified to this section pursuant to §23G-15.

§12-7 Filing of oath. The name of no candidate for any office shall be printed upon any official ballot, in any election, unless the candidate shall have taken and subscribed to the following written oath or affirmation, and filed the oath with the candidate’s nomination papers.
The written oath or affirmation shall be in the following form:
“I,……………, do solemnly swear and declare, on oath that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will faithfully discharge my duties as…..(name of office)……………to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; So help me God.”
Upon being satisfied as to the sincerity of any person claiming that the person is unwilling to take the above prescribed oath only because the person is unwilling to be sworn, the person may be permitted, in lieu of the oath, to make the person’s solemn affirmation which shall be in the same form as the oath except that the words “sincerely and truly affirm” shall be substituted for the word “swear” and the phrases “on oath” and “So help me God” shall be omitted. Such affirmation shall be of the same force and effect as the prescribed oath.
The oath or affirmation shall be subscribed before the officer administering the same, who shall endorse thereon the fact that the oath was subscribed and sworn to or the affirmation was made together with the date thereof and affix the seal of the officer’s office or of the court of which the officer is a judge or clerk.
It shall be the duty of every notary public or other public officer by law authorized to administer oaths to administer the oath or affirmation prescribed by this section and to furnish the required endorsement and authentication. [L 1970, c 26, pt of §2; gen ch 1985]

§12-8 Nomination papers; challenge; evidentiary hearings and decisions. (a) All nomination papers filed in conformity with section 12-3 shall be deemed valid unless objection is made thereto by a registered voter, an officer of a political party whose name is on file with the chief election officer, the chief election officer, or the county clerk in the case of a county office. All objections shall be filed in writing not later than 4:30 p.m. on the sixtieth day or the next earliest working day prior to the primary or special election.
(b) If an objection is made by a registered voter, the candidate objected thereto shall be notified of the objection by the chief election officer or the clerk in the case of county offices by registered or certified mail.
(c) If an objection is filed by an officer of a political party with the circuit court, the candidate objected thereto shall be notified of the objection by an officer of the political party by registered or certified mail.
(d) Except for objections by an officer of a political party filed directly with the circuit court, the chief election officer or the clerk in the case of county offices shall have the necessary powers and authority to reach a preliminary decision on the merits of the objection; provided that nothing in this subsection shall be construed to extend to the candidate a right to an administrative contested case hearing as defined in section 91-1(5). The chief election officer or the clerk in the case of county offices shall render a preliminary decision not later than five working days after the objection is filed.
(e) If the chief election officer or clerk in the case of county offices determines that the objection warrants the disqualification of the candidate, the chief election officer or clerk shall file a complaint in the circuit court for a determination of the objection; provided that the complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the seventh working day after the objection was filed.
(f) If a political party objects to the nomination paper filed by a candidate because the candidate is not a member of the party pursuant to the party’s rules filed in conformance with section 11-63, an officer of the party whose name appears on file with the chief election officer shall file a complaint in the circuit court for a prompt determination of the objection; provided that the complaint shall be filed with the clerk of the circuit court not later than 4:30 p.m. on the sixtieth day or the next earliest working day prior to that election day.
(g) If an officer of a political party whose name appears on file with the chief election officer, the chief election officer, or clerk in the case of county offices files a complaint in the circuit court, the circuit court clerk shall issue to the defendants named in the complaint a summons to appear before the court not later than 4:30 p.m. on the fifth day after service thereof.
(h) The circuit court shall hear the complaint in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law. The judgment shall decide the objection presented in the complaint, and a certified copy of the judgment shall forthwith be served on the chief election officer or the clerk, as the case may be.
(i) If the judgment disqualifies the candidate, the chief election officer or the clerk shall follow the procedures set forth in sections 11-117 and 11-118 regarding the disqualifications of candidates. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(d); am L 1975, c 36, §2(4); am L 1977, c 189, §2(2); am L 1990, c 125, §1; am L Sp 1995, c 27, §§8, 15; am L 1997, c 288, §3; am L 1999, c 141, §3; am L 2011, c 143, §5; am L 2012, c 34, §3]

§12-9 List of candidates. As soon as possible but not later than 4:30 p.m. on the fifth day after the close of filing the chief election officer shall transmit to each county clerk and the county clerk shall transmit to the chief election officer certified lists containing the names of all persons, the office for which each is a candidate, and their party designation, or designation of nonpartisanship, as the case may be, for whom nomination papers have been duly filed in his office and who are entitled to be voted for at the primary, special primary or special election. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(e)]

PART II. BALLOTS

§12-21 Official party ballots. The primary or special primary ballot shall be clearly designated as such. The names of the candidates of each party qualifying under section 11-61 or 11-62 and of nonpartisan candidates may be printed on separate ballots, or on a single ballot. The name of each party and the nonpartisan designation shall be distinctly printed and sufficiently separate from each other. The names of all candidates shall be printed on the ballot as provided in section 11-115. When the names of all candidates of the same party for the same office exceed the maximum number of voting positions on a single side of a ballot card, the excess names may be arranged and listed on both sides of the ballot card and additional ballot cards if necessary. When separate ballots for each party are not used, the order in which parties appear on the ballot, including nonpartisan, shall be determined by lot.
The chief election officer or the county clerk, in the case of county elections, shall approve printed samples or proofs of the respective party ballots as to uniformity of size, weight, shape, and thickness prior to final printing of the official ballots. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(f); am L 1979, c 139, §7; am L 1981, c 214, §1; am L 1987, c 232, §2]

§12-22 REPEALED. L 1987, c 232, §3.

§12-23 REPEALED. L 1979, c 125, §4.

PART III. BALLOT SELECTION

§12-31 Selection of party ballot; voting. No person eligible to vote in any primary or special primary election shall be required to state a party preference or nonpartisanship as a condition of voting. Each voter shall be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot. A voter shall be entitled to vote only for candidates of one party or only for nonpartisan candidates. If the primary or special primary ballot is marked contrary to this paragraph, the ballot shall not be counted.
In any primary or special primary election in the year 1979 and thereafter, a voter shall be entitled to select and to vote the ballot of any one party or nonpartisan, regardless of which ballot the voter voted in any preceding primary or special primary election. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(i); am L 1974, c 34, §2(c); am L 1979, c 139, §9; gen ch 1985]
Cross References
Constitutional provision, see Const. art. II, §4.

PART IV. ELECTION RESULTS

§12-41 Result of election. (a) The person or persons receiving the greatest number of votes at the primary or special primary as a candidate of a party for an office shall be the candidate of the party at the following general or special general election but not more candidates for a party than there are offices to be elected; provided that any candidate for any county office who is the sole candidate for that office at the primary or special primary election, or who would not be opposed in the general or special general election by any candidate running on any other ticket, nonpartisan or otherwise, and who is nominated at the primary or special primary election shall, after the primary or special primary election, be declared to be duly and legally elected to the office for which the person was a candidate regardless of the number of votes received by that candidate.
(b) Any nonpartisan candidate receiving at least ten per cent of the total votes cast for the office for which the person is a candidate at the primary or special primary, or a vote equal to the lowest vote received by the partisan candidate who was nominated in the primary or special primary, shall also be a candidate at the following election; provided that when more nonpartisan candidates qualify for nomination than there are offices to be voted for at the general or special general election, there shall be certified as candidates for the following election those receiving the highest number of votes, but not more candidates than are to be elected. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(j); am L 1979, c 139, §10; am L 1983, c 34, §21]
Cross References
Election contests, see chapter 11, pt XI.

§12-42 Unopposed candidates declared elected. (a) Any candidate running for any office in the State of Hawaii in a special election or special primary election who is the sole candidate for that office shall, after the close of filing of nomination papers, be deemed and declared to be duly and legally elected to the office for which the person is a candidate. The term of office for a candidate elected under this subsection shall begin respectively on the day of the special election or on the day of the immediately succeeding special general election.
(b) Any candidate running for any office in the State of Hawaii in a special general election who was only opposed by a candidate or candidates running on the same ticket in the special primary election and is not opposed by any candidate running on any other ticket, nonpartisan or otherwise, and is nominated at the special primary election shall, after the special primary, be deemed and declared to be duly and legally elected to the office for which the person is a candidate at the special primary election regardless of the number of votes received. The term of office for a candidate elected under this subsection shall begin on the day of the special general election. [L 1974, c 34, §2(d); am L 1985, c 203, §6]

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Chapter 13D – Board of Trustees, Office of Hawaiian Affairs

§13D-1 Board of trustees; number; composition. The board of trustees shall be composed of nine members elected at-large by qualified voters in the State. Of the nine members to be elected one shall reside on the island of Hawaii; one shall reside on the island of Maui; and one shall reside on the island of Molokai; one shall reside on the island of Kauai; and one shall reside on the island of Oahu. [L 1979, c 196, pt of §8; am L 2001, c 55, §3]
Cross References
Constitutional provision, see Const. art. XII, §5.

§13D-2 Qualifications of board members. No person shall be eligible for election or appointment to the board unless the person is Hawaiian and is: (1) qualified and registered to vote under the provisions of section 13D-3, and (2) where residency on a particular island is a requirement, a resident on the island for which seat the person is seeking election or appointment. No member of the board shall hold or be a candidate for any other public office under the state or county governments in accordance with Article II, section 7 of the Constitution of the State; nor shall a person be eligible for election or appointment to the board if that person is also a candidate for any other public office under the state or county governments. The term “public office”, for purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster, or disaster relief. [L 1979, c 196, pt of §8; am L 1980, c 138, §1; am L 1981, c 82, §4; gen ch 1985; am L 2000, c 59, §1]

§13D-3 Qualifications of voters; registration. (a) Every person who registers as required by law shall be entitled to vote at any election of board members provided that the person shall have attained the age of eighteen years at the time of the election.
(b) No person shall be eligible to register as a voter for the election of board members unless the person meets the following qualifications:
(1) The person has attained the age of eighteen years or will have attained such age within one year of the date of the next election of board members; and
(2) The person is otherwise qualified to register to vote in the State.
(c) Any person eligible to and desiring to register as a voter for the election of board members shall go to any location designated by the clerk of the county, then and there to be examined under oath as to the person’s qualifications as a voter. Each applicant shall make and subscribe to an application in the form of an affidavit as provided for under section 11-15.
(d) The clerk of each county shall register all persons in the county who are eligible to and desiring to register as voters for the election of board members. The register may be maintained in conjunction with the general county register; provided that the clerk shall be able to prepare a separate list of voters for the election of board members, capable of segregation by precinct and representative district. The maintenance, reproduction, and transmittal of records and affidavits to a central file shall be in accordance with section 11-14.
(e) The clerk of each county shall amend the general county register to include therein any person, who on November 6, 1984, was registered to vote only for members of the board of trustees, to hereinafter be registered to vote in all elections held in the State. [L 1979, c 196, pt of §8; am L 1985, c 203, §7; am L 2000, c 59, §2]

§13D-4 Election of board members. (a) Beginning January 1, 2014, members of the board of trustees shall be nominated at a primary election and elected at the general election in every even-numbered year. Except as otherwise provided by this chapter, members shall be nominated and elected in the manner prescribed by this title.
(b) The chief election officer shall prepare the nomination papers in such a manner that a candidate desiring to file for election to the board shall be able to specify whether the candidate is seeking a seat requiring residency on a particular island or a seat without a residency requirement.
(c) The board of trustees ballot shall be prepared in such a manner that every voter qualified and registered under section 13D-3 shall be afforded the opportunity to vote for each and every candidate seeking election to the board. The ballot shall contain the names of all board candidates arranged in accordance with section 11-115.
(d) Each voter registered to vote in the general election shall be entitled to receive the office of Hawaiian affairs ballot and to vote for the number of seats available on the respective islands.
(e) Any election with only one available seat without a residency requirement or for any available seat requiring residency on a particular island shall be conducted as follows:
(1) If, after the close of filing of nomination papers, there is only one qualified candidate for any available seat, the chief election officer shall declare the candidate to be duly and legally elected, and the name of that candidate shall not appear on the primary or the general election ballot;
(2) If, after the close of filing nomination papers, there are only two qualified candidates for any available seat, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot; and
(3) If, at the close of filing of nomination papers, there are three or more qualified candidates for any available seat, the names of those candidates shall be listed on the primary election ballot. The two candidates receiving the highest number of votes for each available seat shall be nominated at the primary election for the general election; provided that if any candidate receives more than fifty per cent of the total votes cast for the available seat at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot.
(f) Any election with three available seats without a residency requirement shall be conducted as follows:
(1) If, after the close of filing of nomination papers, there are only three or less qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates to be duly and legally elected and the names of those candidates shall not appear on the primary or general election ballot;
(2) If, after the close of filing of nomination papers, there are four, five, or six qualified candidates for the available seats without a residency requirement, the chief election officer shall declare those candidates duly nominated for the general election. The names of those candidates shall not appear on the primary election ballot; and
(3) If, at the close of filing of nomination papers, there are seven or more qualified candidates for the available seats without a residency requirement, the names of those candidates shall be listed on the primary election ballot. The qualified candidates receiving the highest number of total votes at the primary election shall be declared by the chief election officer duly nominated for the general election provided that the general election shall include no more than twice the number of qualified candidates as seats available; provided further that if any candidate receives more than fifty per cent of the total votes cast for the available seats at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot. [L 1979, c 196, pt of §8; gen ch 1985; am L 2013, c 287, §2]

§13D-5 Term of office; vacancies. The term of office of members of the board shall be four years beginning on the day of the general election at which they are elected, or if elected at a primary election, on the day of the general election immediately following the primary election at which they are elected, and ending on the day of the second general election after their election. Members of the board may be reelected without restriction as to the number of terms.
Any vacancy that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 17-7. [L 1979, c 196, pt of §8; am L 1980, c 264, §4; am L 2013, c 287, §3]

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Chapter 14 – Presidential Elections

PART I. PRESIDENTIAL SHORT BALLOT–REPEALED

§§14-1 to 10 REPEALED. L 1973, c 217, §4.

PART II. PRESIDENTIAL ELECTORS

§14-21 Nomination of presidential electors and alternates; certification; notification of nominees. In each year when electors of president and vice president of the United States are to be chosen, each of the political parties or parties or groups qualified under section 11-113 shall hold a state party or group convention pursuant to the constitution, bylaws, and rules of the party or group; and nominate as candidates for its party or group as many electors, and a first and second alternate for each elector, of president and vice president of the United States as the State is then entitled. The electors and alternates shall be registered voters of the State. The names and addresses of the nominees shall be certified by the chairperson and secretary of the convention of the respective parties or groups and submitted to the chief election officer not later than 4:30 p.m. on the sixtieth day prior to the general election of the same year. The chief election officer upon receipt thereof, shall immediately notify each of the nominees for elector and alternate elector of the nomination. [L 1970, c 26, pt of §2; am L 1973, c 217, §4(b); am L 1981, c 100, §2(1); gen ch 1993]

§14-22 Contested nominations of presidential electors and alternates. If more than one certificate of choice and selection of presidential electors and alternate electors of the same political party or group is filed with the chief election officer, as chairperson of the contested presidential electors’ committee hereby constituted, the chief election officer shall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and place of the hearing to be held for the purposes of making a determination of which set of electors and alternative electors were lawfully chosen and selected by the political party or group. Notice of the hearing shall be given to the chairperson of the state central committee of each political party and the chairperson of each party or group qualified under section 11-113, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by public notice at least once. A determination shall be made by the committee by majority vote not later than 4:30 p.m. on October 30 of the same year and the determination shall be final. Notice of the results shall be given to the nominees duly determined to have been chosen. The committee shall have all the powers enumerated in section 11-43. [L 1970, c 26, pt of §2; am L 1973, c 217, §4(c); am L 1981, c 100, §2(2); gen ch 1993; am L 1998, c 2, §7]

§14-23 Time for election, number to be chosen. In each presidential election year there shall be elected at large, at the general election, by the voters of the State, as many electors and alternates of president and vice president of the United States as the State is then entitled to elect, in the manner provided under section 11-113. The electors and the alternates must be registered voters of the State. The election shall be conducted and the results thereof determined in conformity with the laws governing general elections except as otherwise provided. [L 1970, c 26, pt of §2; am L 1977, c 189, §3]

§14-24 Certificate of election, notice of meeting. Not later than 4:30 p.m. on the last day in the month of the election, or as soon as the returns have been received from all counties in the State, if received before that time, the chief election officer shall certify to the governor the names of the presidential electors and alternates of the same political party or group as the candidates for president and vice president receiving the highest number of votes as elected as presidential electors and alternates. Thereupon the governor shall in accordance with the laws of the United States, communicate by registered mail under the seal of the State of Hawaii to the administrator of general services of the United States, the certificates of persons elected as presidential electors, setting forth the names of the electors and the total number of votes cast for each elector. The chief election officer shall thereupon, together with a notice of the time and place of the meeting of the electors, cause to issue and transmit to each elector and alternate a certificate of election signed by the governor in substantially the following form:
CERTIFICATE OF ELECTION OF
PRESIDENTIAL ELECTORS
I,……………Governor of the State of Hawaii, do hereby certify that……………, a member of the……………party or group, was on the……………day of……………, 19….., duly elected a Presidential Elector for the State of Hawaii for the presidential election of 19…..
CERTIFICATE OF ELECTION OF
ALTERNATE PRESIDENTIAL ELECTOR
I,……………Governor of the State of Hawaii, do hereby certify that……………, a member of the……………party or group, was on the……………day of……………, 19….., duly elected……………Alternate Presidential Elector for Presidential Elector……………for the State of Hawaii for the presidential election of 19…… [L 1970, c 26, pt of §2; am L 1973, c 217, §4(d); am L 1981, c 100, §2(3)]

§14-25 Duties of the governor. On or before the day of the meeting of the electors the governor shall deliver to the electors a list of the names of electors, and the governor shall perform any other duties relating to the presidential electors which are required of the governor by laws of the United States. [L 1970, c 26, pt of §2; gen ch 1985]

§14-26 Assembly of electors at state capital; time. The electors chosen shall assemble at the state capital on the first Monday after the second Wednesday in December next following their election, at two o’clock in the afternoon. [L 1970, c 26, pt of §2]

§14-27 Filling vacancies of presidential electors. In case of the death or absence of any elector chosen, or if the number of electors is deficient for any other reason, the vacancy or vacancies shall be filled by the alternates in the order of their numerical designation for their respective electors causing the vacancy or vacancies, and in the event that vacancy or vacancies still exist, then the electors present shall select from the members of the same political party or group as many persons as will supply the deficiency. Certificates for the alternates or substitutes as presidential electors shall be issued by the governor. [L 1970, c 26, pt of §2; am L 1981, c 100, §2(4)]

§14-28 Convening and voting for president and vice president; party vote. The electors, when convened, if both candidates are alive, shall vote by ballot for that person for president and that person for vice president of the United States, who are, respectively, the candidates of the political party or group which they represent, one of whom, at least, is not an inhabitant of this State. [L 1970, c 26, pt of §2; am L 1981, c 100, §2(5)]

§14-29 Naming persons voted for in ballots, separate ballots. The electors shall name in their ballots the person voted for as president, and in separate ballots the person voted for as vice president. [L 1970, c 26, pt of §2]

§14-30 Lists of persons voted for and number of votes, certification, transmission to president of the senate. The electors shall separately list the persons voted for as president and as vice president, respectively, and the number of votes for each, which lists they shall sign, certify, seal, and transmit by mail, one copy to the seat of the government of the United States, directed to the president of the senate of the United States, and make such other disposition of the lists as required by law. [L 1970, c 26, pt of §2]

§14-31 Compensation and mileage of electors, amounts. Each presidential elector shall receive $50 for the elector’s services, plus the reasonable cost of transportation from the elector’s voting residence in the State to the state capital and return. Their accounts shall be certified to by the chief election officer and audited by the state comptroller, and shall be payable out of the general fund. [L 1970, c 26, pt of §2; gen ch 1985]

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Chapter 14D – Agreement Among the States to Elect the President by National Popular Vote

ARTICLE I – MEMBERSHIP
Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.

ARTICLE II – RIGHT OF THE PEOPLE IN MEMBER STATES TO
VOTE FOR PRESIDENT AND VICE PRESIDENT
Each member state shall conduct a statewide popular election for President and Vice President of the United States.

ARTICLE III – MANNER OF APPOINTING PRESIDENTIAL
ELECTORS IN MEMBER STATES
Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each state of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a “national popular vote total” for each presidential slate.
The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the “national popular vote winner”. The presidential elector certifying official of each member state shall certify the appointment in that official’s own state of the elector slate nominated in that state in association with the national popular vote winner.
At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within twenty-four hours to the chief election official of each other member state.
The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state’s final determination conclusive as to the counting of electoral votes by Congress.
In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official’s own state.
If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state’s number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state’s presidential elector certifying official shall certify the appointment of such nominees. The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.
This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.

ARTICLE IV – OTHER PROVISIONS
This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.
Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a President’s term shall not become effective until a President or Vice President shall have been qualified to serve the next term.
The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official’s state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.
This agreement shall terminate if the electoral college is abolished.
If any provision of this agreement is held invalid, the remaining provisions shall not be affected.

ARTICLE V – DEFINITIONS
For purposes of this agreement:
“Chief election official” shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate;
“Chief executive” shall mean the governor of a state of the United States or the mayor of the District of Columbia;
“Elector slate” shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;
“Presidential elector” shall mean an elector for President and Vice President of the United States;
“Presidential elector certifying official” shall mean the state official or body that is authorized to certify the appointment of the state’s presidential electors;
“Presidential slate” shall mean a slate of two persons, the first of whom has been nominated as a candidate for President of the United States and the second of whom has been nominated as a candidate for Vice President of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state;
“State” shall mean a state of the United States and the District of Columbia; and
“Statewide popular election” shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis. [L 2008, c 62, §1]

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Chapter 15 – Absentee Voting

§15-1 Definitions. As used in this chapter, unless the context otherwise requires:
“Absentee ballot” means a ballot as defined in section 11-1 used in absentee voting.
“Electronic transmission” means the transmission of a blank or voted ballot by facsimile, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system that may include the ability to mark the ballot.
“Invalid ballot” means any absentee ballot which does not meet the requirements for a ballot to be counted as listed in section 15-9.
“Voter in a remote area” means any registered voter who resides ten miles or more from the voter’s designated polling place by the most direct route for public travel. [L 1975, c 36, pt of §3; am L 1976, c 106, §4(1); gen ch 1985; am L 2016 c 168, §1; am 2019, c 136, §26]

§15-2 Who may vote by absentee ballot. Any person registered to vote may cast an absentee ballot in the manner provided in this chapter and rules adopted by the chief election officer. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(a); am L 1981, c 29, §1(1); am L 1984, c 149, §1; gen ch 1985; am L 1993, c 230, §2]

§15-2.5 Voting by mail in district affected by natural disasters. (a) If the chief election officer and clerk of a county affected as a result of a natural disaster determine that the opening of a designated voter service center will adversely affect the health and safety of voters or precinct officials, the chief election officer and county clerk, by written order, may require the registered voters of any district to vote by mail as provided in part VIIA of chapter 11.
(b) Within thirty days after the issuance of such an order, the chief election officer and county clerk shall notify all registered voters in the affected district of the issuance of the order.
(c) The chief election officer shall adopt rules pursuant to chapter 91 to implement this section. [L 1996, c 215, §1; am L 2019, c 136, §27]

§15-3 Absentee ballot for presidential election. If ineligible to qualify as a voter in the state to which the voter has moved, any former registered voter of Hawaii may vote an absentee ballot in any presidential election occurring within twenty-four months after leaving Hawaii by requesting an application form and returning it properly executed to the county of the voter’s prior Hawaii residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant’s eligibility for only the presidential ballot, and the fact of applicant’s ineligibility to vote at the applicant’s new place of residence verified by the voter registrar or the registrar’s authorized representative in the jurisdiction of the applicant’s new residence. The application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which the applicant wishes to vote. All required information pursuant to the rules promulgated by the chief election officer shall be completed in full. [L 1975, c 36, pt of §3; gen ch 1985]

§15-3.5 REPEALED. L 2012, c 226, §3.

§15-4 Request for absentee ballot. Any person registered to vote who is unable to receive a ballot at the person’s voter registration address of record may request an absentee ballot in writing from the clerk at any time but no later than 4:30 p.m. on the seventh day before the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.
The request shall include information such as the last four digits of the person’s social security number or the person’s driver’s license number, date of birth, and the address under which the person is registered to vote. The request shall also include the temporary address to which the person wishes the requested ballot to be forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary; provided that the person so indicates in the person’s request. Upon the completion of the election or elections covered by the voter’s temporary request under this section, the clerk shall resume mailing the voter’s ballot package to the mailing address noted within the voter’s registration record. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(b); am L 1981, c 29, §1(2); gen ch 1985; am L 1986, c 305, §5; am L 2004, c 100, §2; am L Sp 2008, c 4, §1; am L 2011, c 142, §3; am L 2012, c 100, §2 and c 104, §2; am L 2015, c 174, §1; am L 2016, c 168, §§2, 3; am L 2019, c 136, §28]

§15-5 Delivery of ballots. (a) Immediately upon receipt of a request for absentee ballot within the time limit specified in section 15-4, the clerk shall examine the records to ascertain whether the voter is lawfully entitled to vote as requested. If the clerk ascertains that the voter is lawfully entitled to vote as requested, no earlier than thirty days before the election, the clerk shall mail in a forwarding envelope, or deliver in person if the voter appears at the office of the clerk, an official ballot and other materials prescribed in section 15-6, except that an incapacitated voter may send a representative to obtain the voter’s ballots pursuant to the rules adopted by the chief election officer; provided that official ballots and other materials prescribed in section 15-6 shall be mailed or delivered:
(1) To uniform military and overseas voters pursuant to section 15D-9; and
(2) No later than twenty-four hours after receipt of the request for absentee ballot for requests received on the last day specified in section 15-4.
(b) If absentee ballots requested under section 15-4 are not received by a voter within five days of an election, if a voter requires a replacement ballot within five days of an election, or if a voter would otherwise not be able to return a properly issued ballot by the close of polls, then a voter may request that absentee ballots be forwarded by electronic transmission; provided that a voter with special needs, including a disability, may request that a ballot be forwarded by electronic transmission at any time. Upon receipt of such a request and confirmation that proper application was made, the clerk may transmit appropriate ballots, together with a form requiring the affirmations and information required by section 15-6, and a form containing a waiver of the right to secrecy, as provided by section 11-137. The voter may return the voted ballots and executed forms by electronic transmission or mail; provided that they are received by the issuing clerk no later than the close of polls on election day. Upon receipt, the clerk shall verify compliance with the requirements of section 15-9(c) and prepare the ballots for counting pursuant to section 15-10; provided that if the voter returns multiple voted absentee ballots for the same election, the clerk shall, for purposes of counting ballots, prepare only the first absentee ballot returned that is not spoiled. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(c); gen ch 1985; am L 1993, c 304, §8; am L 2012, c 226, §2; am L 2015, c 173, §3; am L 2016, c 168, §4; am L 2019, c 137, §1]

§15-6 Return envelope, ballot envelope; instructions. The clerk shall provide the absentee voter with the ballots, ballot envelopes, and a return envelope that shall contain a statement to be subscribed to by the voter that affirms the fact that the voter is the person voting and that the voter’s employer or agent of the employer, agent of the voter’s labor union, or any candidate listed on the ballot did not assist the voter, as described in section 11-139, along with the instruction that the voter’s ballot will be valid only if the affirmation statement is signed, materials summarizing the provisions in sections 19-3, 19-3.5, 19-4, and 19-6, and any other information prescribed by the rules promulgated by the chief election officer. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(d); gen ch 1985; am L 2013, c 235, §3]

§15-6.5 Absentee postage. The mailed distribution and return of absentee ballots shall be at no cost to the voter. The State and counties shall share in the cost of all postage associated with the distribution and return of absentee ballots pursuant to sections 11-182 and 11-183, if the costs are not covered by the federal government. [L 1993, c 304, §2; am L 2019, c 136, §29]

§15-7 to 15-8 REPEALED. L 2019, c 136, §§54 to 55..

§15-9 Return and receipt of absentee ballots. (a) The return envelope shall be:
(1) Mailed and must be received by the clerk issuing the absentee ballot no later than the closing hour on election day in accordance with section 11-131; or
(2) Delivered other than by mail to the clerk issuing the absentee ballot, or to a voter service center no later than the closing hour on election day in accordance with section 11-131.
(b) Upon receipt of the return envelope from any person voting under this chapter, the clerk may prepare the ballots for counting pursuant to this section and section 15-10.
(c) Before opening the return and ballot envelopes and counting the ballots, the return envelopes shall be checked for the following:
(1) Signature on the affirmation statement;
(2) Whether the signature corresponds with the absentee request or register as prescribed in the rules adopted by the chief election officer; and
(3) Whether the person is a registered voter and has complied with the requirements of sections 11-15 and 11-16.
(d) If any requirement listed in subsection (c) is not met or if the return or ballot envelope appears to be tampered with, the clerk or the absentee ballot team official shall mark across the face of the envelope “invalid” and it shall be kept in the custody of the clerk and disposed of as prescribed for ballots in section 11-154. [L 1975, c 36, pt of §3; am L 1976, c 106, §4(4); am L 1979, c 133, §8; am L 1980, c 248, §1(f); am L 1983, c 34, §22; am L 1985, c 203, §8; am L 1993, c 304, §10; am L 2019, c 136, §30]

§15-10 Counting of absentee ballots. If the requirements in section 15-9 are met, the return and ballot envelopes may be opened and the ballot counted as prescribed by law for the voting system in use. [L 1975, c 36, pt of §3; am L 1976, c 106, §4(5); am L 1980, c 248, §1(g); am L 2019, c 136, §31]

§15-11 Voting by absentee voter at polls prohibited. Any person having voted an absentee ballot pursuant to this chapter shall not be entitled to cast a ballot at the polls on election day. An absentee voter who does cast a ballot at the polls shall be guilty of an election offense under section 19-3(5). [L 1975, c 36, pt of §3 ; am L Sp 2008, c 4, §2]

§15-12 Receipt and disposition of late absentee ballots. For any election all return envelopes containing absentee ballots received by the clerk after the deadline for receipt stated in section 15-9 shall be kept unopened and disposed of pursuant to section 11-154. [L 1975, c 36, pt of §3; am L 1980, c 248, §1(h)]

§15-13 REPEALED. L 2019, c 10, §4.

[§15-13.5] Eligibility of voter after absentee ballot cast. The absentee ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote after casting the ballot. For the purposes of this section, “cast” means that the voter has:
(1) Deposited the absentee ballot in the mail for ballots mailed in accordance with section 15-9(a)(1);
(2) Delivered the absentee ballot to the appropriate county clerk or polling place in accordance with section 15-9(a)(2) or (3); or
(3) Completed voting in person at an absentee polling place. [L 2019, c 10, §1]

§15-14 Ballots; where voting machines are used. In all districts in which voting machines are used, sections 15-1 to 15-12 shall apply; provided that the number and type of ballots to be printed shall be determined at the discretion of the officer charged with printing and furnishing them. The officer may use reasonable facsimiles of the sample ballot used in voting machine precincts. [L 1975, c 36, pt of §3; am L 2019, c 136, §32]

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Chapter 15D – Uniform Military and Overseas Voters Act

[§15D-1] Short title. This chapter may be cited as the Uniform Military and Overseas Voters Act. [L 2012, c 226, pt of §1]

[§15D-2] Definitions. In this chapter:
“Covered voter” means:
(1) A uniformed-service voter or an overseas voter who is registered to vote in this State;
(2) An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a state residency requirement, otherwise satisfies this State’s voter eligibility requirements;
(3) An overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this State’s voter eligibility requirements; or
(4) An overseas voter who was born outside the United States, is not described in paragraph (2) or (3), and except for a state residency requirement, otherwise satisfies this State’s voter eligibility requirements, if:
(A) The last place where a parent or legal guardian of the voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this State; and
(B) The voter has not previously registered to vote in any other state.
“Dependent” means an individual recognized as a dependent by a uniformed service.
“Federal postcard application” means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. section 1973ff(b)(2).
“Federal write-in absentee ballot” means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. section 1973ff-2.
“Military-overseas ballot” means:
(1) A federal write-in absentee ballot;
(2) A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
(3) A ballot cast by a covered voter in accordance with this chapter.
“Overseas voter” means a United States citizen who is living outside the United States.
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
“Uniformed service” means:
(1) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;
(2) The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
(3) The National Guard and state militia.
“Uniformed-service voter” means an individual who is qualified to vote and is:
(1) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;
(2) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;
(3) A member on activated status of the National Guard or state militia; or
(4) A spouse or dependent of a member referred to in this definition.
“United States”, used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. [L 2012, c 226, pt of §1]

§15D-3 Elections covered. The voting procedures in this chapter apply to:
(1) A general, special, or primary election for federal office;
(2) A general, special, or primary election for statewide or state legislative office or state ballot measure; and
(3) A general, special, recall, primary, or runoff election for local government office or local ballot measure conducted under part VIIA of chapter 11 for which absentee voting or voting by mail is available for other voters. [L 2012, c 226, pt of §1; am L 2019, c 136, §33]

[§15D-4] Role of chief election officer. (a) The chief election officer shall be the state official responsible for implementing this chapter and the State’s responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. section 1973ff et seq.
(b) The chief election officer shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this chapter. The chief election officer may satisfy the requirements of this chapter by utilizing an electronic transmission system established by the Federal Voting Assistance Program in lieu of creating a separate electronic transmission system.
(c) The chief election officer shall develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in this State.
(d) The chief election officer shall accept forms prescribed by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. section 1973ff et seq., for use by a covered voter [that] contains the prescribed standard declaration to swear or affirm specific representations pertaining to the voter’s identity, eligibility to vote, status as a covered voter, and timely and proper completion of an overseas-military ballot. [L 2012, c 226, pt of §1]

[§15D-5] Overseas voter’s registration address. In registering to vote, an overseas voter who is eligible to vote in this State shall use and be assigned to the voting district of the person’s residence, or the last place of residence prior to leaving this State, or, in the case of a voter described by paragraph (4) of the definition of “covered voter” under section 15D-2, the address of the last place of residence in this State of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter shall be assigned a district for voting purposes. [L 2012, c 226, pt of §1]

[§15D-6] Methods of registering to vote. (a) To apply to register to vote, in addition to any other approved method, a covered voter may use the federal postcard application, or the application’s electronic equivalent for all elections conducted in the State.
(b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if it is received no later than thirty days prior to the election pursuant to section 11-16.
(c) The chief election officer shall ensure that the electronic transmission system described in section 15D-4(b) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to register to vote. [L 2012, c 226, pt of §1]

[§15D-7] Methods of applying for military-overseas ballot. (a) A covered voter who is registered to vote in this State may apply for a military-overseas ballot using the absentee ballot application prescribed in section 15-4, the federal postcard application, or the application’s electronic equivalent, as appropriate.
(b) A covered voter who is not registered to vote in this State may use a federal postcard application or the application’s electronic equivalent to apply simultaneously to register to vote under section 15D-6 and for a military-overseas ballot.
(c) The chief election officer shall ensure that the electronic transmission system described in section 15D-4(b) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.
(d) A covered voter may use the declaration accompanying the federal write-in absentee ballot as an application for a military-overseas ballot simultaneously upon its submission if it is received by the appropriate election official by the deadline prescribed under section 15-4. [L 2012, c 226, pt of §1]

[§15D-8] An application for a military-overseas ballot shall be timely if received by the request period prescribed under section 15-4. An application for a military-overseas ballot for a primary election, whether or not timely, shall be effective as an application for a military-overseas ballot for the general election and all subsequent elections held before December 31 of that calendar year. [L 2012, c 226, pt of §1]

[§15D-9] Transmission of unvoted ballots. (a) No later than forty-five days before the election or, if the forty-fifth day before the election is a weekend or holiday, no later than the business day preceding the forty-fifth day, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.
(b) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter’s jurisdiction, internet delivery. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
(c) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit them to the voter no later than two business days or as soon as allowable after the application arrives. [L 2012, c 226, pt of §1]

[§15D-10] Receipt of voted ballot. A valid military-overseas ballot shall be counted if it is received by the close of the polls on the day of the election and meets the requirements prescribed under section 15-9. [L 2012, c 226, pt of §1]

[§15D-10.5] Eligibility of covered voter after ballot cast. The military-overseas ballot of any covered voter who was eligible to vote at the time the ballot was cast in accordance with this chapter shall not be deemed invalid solely because the covered voter became ineligible to vote after casting the ballot. [L 2019, c 10, §2]

[§15D-11] Declaration. A military-overseas ballot shall include or be accompanied by a declaration or affirmation signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury or related offenses under the laws of the United States [or] this State. [L 2012, c 226, pt of §1]

[§15D-12] Federal write-in absentee ballot. A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 15D-3. [L 2012, c 226, pt of §1]

[§15D-13] Confirmation of receipt of application and voted ballot. The chief election officer, in coordination with local election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether:
(1) The voter’s federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
(2) The voter’s military-overseas ballot has been received. [L 2012, c 226, pt of §1]

[§15D-14] Use of voter’s electronic-mail address. (a) The local election official shall request an electronic-mail address from each covered voter who registers to vote after [July 1, 2012]. An electronic-mail address provided by a covered voter may not be made available to the public or any individual or organization other than an authorized agent of the local election official and is exempt from disclosure under chapter 92F. The electronic-mail address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter’s mailing address and physical location.
(b) A covered voter who provides an electronic-mail address may request that the voter’s application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the calendar year of the date of the application or another shorter period the voter specifies, including for any runoff elections that occur as a result of those elections. An election official shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election. [L 2012, c 226, pt of §1]

[§15D-15] Publication of election notice. (a) As soon as practicable before an election, an official in each jurisdiction charged with printing ballots and balloting material shall prepare an election notice for that jurisdiction, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal, state, and local offices that as of that date the official expects to be on the ballot on the date of the election. The notice may contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter’s choice for each office to be filled and for each ballot measure to be contested.
(b) A covered voter may request a copy of an election notice. The official charged with preparing the election notice shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.
(c) As soon as ballot styles are finalized pursuant to section 11-119, and no later than the date ballots are required to be transmitted to voters under section 15-4, the official charged with preparing the election notice under subsection (a) shall update the notice with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.
(d) A local election jurisdiction that maintains an internet website shall make the election notice prepared under subsection (a) and updated versions of the election notice regularly available on the website.
(e) The chief election officer or clerk in the case of county elections may satisfy the requirements of this section by making available ballot facsimiles or a certified list of candidates and ballot measures available on their respective websites. [L 2012, c 226, pt of §1]

[§15D-16] Prohibition of nonsubstantive requirements. (a) If a voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, shall not invalidate a document submitted under this chapter. In a write-in ballot authorized by this chapter if the intention of the voter is discernible under this State’s uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.
(b) Notarization is not required for the execution of a document under this chapter. An authentication, other than the declaration on the federal postcard application and federal write-in absentee ballot, shall not be required for execution of a document under this chapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document. [L 2012, c 226, pt of §1]

[§15D-17] Equitable relief. A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with or enforce this chapter on application by:
(1) A covered voter alleging a grievance under this chapter; or
(2) The attorney general of the State.
No award of attorney fees or costs shall be permitted in any private cause of action initiated under this chapter. [L 2012, c 226, pt of §1]

[§15D-18] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. section 7003(b). [L 2012, c 226, pt of §1]

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Chapter 16 – Voting Systems

PART I. GENERAL PROVISIONS

§16-1 Voting systems authorized. The chief election officer may adopt, experiment with, or abandon any voting system authorized under this chapter or to be authorized by the legislature. These systems shall include, but not be limited to voting machines, paper ballots, and electronic voting systems. All voting systems approved by the chief election officer under this chapter are authorized for use in all elections for voting, registering, and counting votes cast at the election.
Voting systems of different kinds may, at the discretion of the chief election officer, be adopted for different precincts within the same district. The chief election officer may provide for the experimental use at any election, in one or more precincts, of a voting system without a formal adoption thereof and its use at the election shall be as valid for all purposes as if it had been permanently adopted; provided that if a voting machine is used experimentally under this paragraph it need not meet the requirements of section 16-12. [L 1970, c 26, pt of §2]

§16-2 Voting system requirements. All voting systems adopted under this chapter by the chief election officer or the legislature shall satisfy the following requirements:
(1) It shall secure to the voter secrecy in the act of voting;
(2) It shall provide for voting for all candidates of as many political parties as may make nominations, nonpartisans, and for or against as many questions as are submitted;
(3) It shall correctly register or record and accurately count all votes cast for any and all persons, and for or against any and all questions. [L 1970, c 26, pt of §2]

[§16-3] Election services, provisions, and charges. The chief election officer may make voting systems and election services available to state agencies and private entities pursuant to rules adopted in accordance with chapter 91. Reasonable fees may be charged for the provision of such systems or services. [L 1993, c 304, §3]

PART II. VOTING MACHINE SYSTEM
Note
Part heading amended by L 1975, c 36, §5(1).

§16-11 Definitions. “Protective counter” means an apparatus built into the voting machine which cannot be reset, which records the total movement of the operating lever.
“Voting machine system” means the method of electrically, mechanically, or electronically recording and counting votes upon being cast. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(2)]

§16-12 Voting machines; requirements. No voting machine shall be installed for use in any election in the State unless it shall satisfy the following requirements:
(1) It shall permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, but no more;
(2) It shall prevent the voter from voting for the same persons more than once for the same office;
(3) It shall permit the voter to vote for or against any question the voter may have the right to vote on, but no other;
(4) In special primary and primary elections it shall be so equipped that it will lock out all rows except those of the party or nonpartisan candidates selected by the voter;
(5) It shall be provided with a protective counter or protective device whereby any operation of the machine before or after the election will be detected;
(6) It shall be provided with a counter which shall show at all times during an election how many persons have voted;
(7) It shall be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(a); am L 1980, c 264, §5(a); gen ch 1985]

PART III. PAPER BALLOT VOTING SYSTEM
Note
Part heading amended by L 1975, c 36, §5(3).

§16-21 Definition. “Paper ballot voting system” means the method of recording votes which are counted manually. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(4)]

§16-22 Marking. The method of marking a paper ballot shall be prescribed by the chief election officer by rules and regulations promulgated in accordance with chapter 91. The chief election officer shall prescribe a uniform method of marking the ballots in all precincts in a county and for absentee voting by paper ballot. [L 1970, c 26, pt of §2; gen ch 1985]

§16-23 Paper ballot; voting. Upon receiving the ballot the voter shall proceed into one of the voting booths provided for the purpose, and shall mark the voter’s ballot in the manner prescribed by section 16-22.
The voter shall then leave the booth and deliver the ballot to the precinct official in charge of the ballot boxes. The precinct official shall be sufficiently satisfied that there is but one ballot enclosed, whereupon the ballot shall be immediately dropped into the proper box by the precinct official. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(b); am L 1977, c 189, §4; gen ch 1985]

§16-24 Count, public. Insofar as the limits of the room in which the voting takes place reasonably allow, no person shall be prevented from attending the counting of the ballots on election day, unless it is necessary to preserve the peace. [L 1970, c 26, pt of §2]

§16-25 Order and method of counting. Each ballot shall be counted and finished as to all the candidates thereon before counting a second and subsequent ballots. The ballots shall be counted by teams in the following manner only: by one election official announcing the vote in a loud clear voice, one election official tallying the vote, one election official watching the election official announcing the vote and one election official watching the election official tallying the vote. The election official doing the announcing or tallying and the election official watching that official shall not be of the same political party. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(c); gen ch 1993; am L 2019, c 136, §34]

§16-26 Questionable ballots. A ballot shall be questionable if:
(1) A ballot contains any mark or symbol whereby it can be identified, or any mark or symbol contrary to the provisions of law; or
(2) Two or more ballots are found in the ballot box so folded together as to make it clearly evident that more than one ballot was put in by one person, the ballots shall be set aside as provided below.
Each ballot which is held to be questionable shall be endorsed on the back by the chairperson of precinct officials with the chairperson’s name or initials, and the word “questionable”. All questionable ballots shall be set aside uncounted and disposed of as provided for ballots in section 11-154. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(d); gen ch 1985, 1993]

§16-27 Number of blank and questionable ballots; record of. In addition to the count of the valid ballots, the precinct officials shall, as to each separate official ballot, also determine and record the number of totally blank ballots and the number of questionable ballots. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(e)]

§16-28 Declaration of results. When the precinct officials have ascertained the number of votes given for each candidate they shall make public declaration of the whole number of votes cast, the names of the persons voted for, and the number of votes for each person. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(f)]

§16-29 Tally sheets. The tally sheets used in counting the ballots cast shall be marked and handled in a secure fashion prescribed in rules and regulations promulgated by the chief election officer in accordance with chapter 91. [L 1970, c 26, pt of §2]

PART IV. ELECTRONIC VOTING SYSTEM
Note
Part heading amended by L 1975, c 36, §5(5).

§16-41 Definitions. “Counting center” means the computer facilities and surrounding premises designated by the chief election officer or the clerk in county elections where electronic voting system ballots are counted.
“Defective ballot” means any ballot delivered to the counting center in accordance with section 11-152 that cannot be read by the ballot reading device.
“Electronic voting system” means the method of recording votes which are counted by automatic tabulating equipment.
“Voter verifiable paper audit trail” means the paper record that constitutes a complete record of ballot selections that is verified by the voter. The record may also be used to assess the accuracy of the voting machine’s electronic record and to verify the election results. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(6); am L 2006, c 5, §1]

§16-42 Electronic voting requirements. (a) When used at primary or special primary elections, the automatic tabulating equipment of the electronic voting system shall count only votes for the candidates of one party, or nonpartisans. In all elections, the equipment shall reject all votes for an office when the number of votes therefor exceeds the number that the voter is entitled to cast.
No electronic voting system shall be used in any election unless it generates a paper ballot or voter verifiable paper audit trail that may be inspected and corrected by the voter before the vote is cast, and unless every paper ballot or voter verifiable paper audit trail is retained as the definitive record of the vote cast.
(b) The chief election officer may rely on electronic tallies created directly by electronic voting systems, in lieu of counting the paper ballots by hand or with a mechanical tabulation system if:
(1) The electronic voting system is subject to inspection, audit, and experimental testing, by qualified observers, before and after the election, pursuant to administrative rules adopted by the chief election officer under chapter 91;
(2) No upgrades, patches, fixes, or alterations shall be applied to the system through thirty days after the election;
(3) The chief election officer conducts a post-election, pre-certification audit of a random sample of not less than ten per cent of the precincts employing the electronic voting system, to verify that the electronic tallies generated by the system in those precincts equal hand tallies of the paper ballots generated by the system in those precincts; and
(4) If discrepancies appear in the pre-certification audits in paragraph (3), the chief election officer, pursuant to administrative rules, shall immediately conduct an expanded audit to determine the extent of misreporting in the system. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(g); am L 1979, c 139, §12; am L 2005, c 200, §1; am L 2006, c 5, §2]

§16-43 Ballot handling. In every case where the ballots are handled by election officials or election employees for disposition upon completion of the tabulation, they shall be handled in the presence of not less than two officials assigned in accordance with section 16-45. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(7); am L 2019, c 136, §35]

§16-44 Counting center employees. (a) The chief election officer or clerk in county elections shall designate counting center employees who will be responsible for the tabulation of the ballots.
(b) Counting center employees shall follow the procedures established by the chief election officer for the tabulation of the ballots. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(8)]

§16-45 Official observers. Official observers shall be designated by the chief election officer or the clerk in county elections to be present at the counting centers and selected in the following manner:
(1) No less than one official observer designated by each political party;
(2) No less than one official observer from the news media;
(3) Additional official observers as space and facilities permit designated by the chief election officer in state elections and the clerk in county elections.
The chief election officer or clerk shall give all official observers reasonable notice of the time and place where the ballots shall be counted. No person shall be permitted in the counting center without the written authorization of the chief election officer or clerk. [L 1975, c 36, §5(9)]

§16-46 Counting defective ballots. Counting center employees shall prepare a new ballot to replace each defective ballot; provided that the replacement ballot may not be counted until reviewed by at least two official observers. The defective ballots shall be segregated and the replacement ballots counted pursuant to rules adopted by the chief election officer. [L 1975, c 36, §5(9); am L 2019, c 136, §36]

[§16-47] Preparation of absentee ballots. Counting center employees in the presence of at least two official observers shall prepare absentee ballots for counting by automatic tabulating equipment in a manner that shall accurately reflect the votes cast by the absentee voters. [L 1980, c 264, §5(b)]

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Chapter 17 – Vacancies

§17-1 United States senator. (a) Except as provided in subsection (b), when a vacancy occurs in the office of United States senator, the vacancy shall be filled for the unexpired term at the following state general election; provided that the vacancy occurs not later than 4:30 p.m. on the twenty-first day prior to the date specified in section 12-6 for the close of filing nomination papers for regularly scheduled elections; otherwise at the state general election next following. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12-6 and shall be nominated and elected in accordance with this title. Pending the election, the governor shall make a temporary appointment to fill the vacancy by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall serve until the election and qualification of the person duly elected to fill the vacancy and shall be, at the time of appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the same political party as the prior incumbent. The appointee shall be a resident of the State. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is not and has not been, for at least six months immediately prior to the appointment, a member of any political party.
(b) Subsection (a) notwithstanding, when:
(1) A candidate other than the incumbent is duly elected to the office of United States senator at a general election; and
(2) The incumbent vacates the office at any time following the general election but prior to the expiration of the incumbent’s term of office;

the governor, no later than the business day following receipt of official notice of the vacancy, shall temporarily appoint the person duly elected to succeed the incumbent to immediately fill the vacancy for the unexpired term. [L 1970, c 26, §2; am L 1973, c 217, §7(a); am L 2007, c 57, §2; am L 2015, c 179, §1; am L 2018, c 214, §2]

§17-2 United States representative. When a vacancy occurs in the representation of this State in the United States House of Representatives, the chief election officer shall issue a proclamation for an election to fill the vacancy. The proclamation shall be issued not later than on the sixtieth day prior to the election to fill the vacancy and shall contain the date, time, and places where the special election is to be held, the time within which nomination papers shall be filed, the time for transmitting to county clerks the notice designating the offices for which candidates are to be elected, the time for transmitting to county clerks lists of candidates to be voted for at the special election and such other matter as provided for in section 11-91 and which are not inconsistent with this section. The special election shall be conducted and the results ascertained so far as practicable, in accordance with this title. [L 1970, c 26, pt of §2; am L 1973, c 217, §7(b); am L 1974, c 34, §4(a); gen ch 1985; am L 1986, c 305, §6]

§17-3 State senator. (a) Whenever any vacancy in the membership of the state senate occurs, the term of which ends at the next succeeding general election:
(1) The governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be at the time of appointment, and for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy; and
(2) If the prior incumbent was not a member of any political party, the governor shall, within sixty calendar days following the first day of vacancy, appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and who is not, and has not been for at least six months prior to the appointment, a member of any political party.
(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:
(1) If it occurs not later than on the tenth day prior to the close of filing for the next succeeding primary election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall be nominated and elected in accordance with this title. Pending the election, the governor shall make a temporary appointment to fill the vacancy, and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;
(2) If it occurs later than on the tenth day prior to the close of filing for the next succeeding primary election but not later than on the sixtieth day prior to the next succeeding primary election, or if there are no qualified candidates for any party or nonpartisan candidates qualified for the primary election ballot, nominations for the unexpired term may be filed not later than 4:30 p.m. on the fiftieth day prior to the next succeeding primary election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;
(3) If it occurs after the sixtieth day prior to the next succeeding primary but not later than on the fiftieth day prior to the next succeeding general election, or if there are no qualified candidates for any party or nonpartisan candidates in the primary, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Party candidates for the unexpired senate term shall be nominated by the county committees of the parties not later than 4:30 p.m. on the fortieth day prior to the general election; nonpartisan candidates may file nomination papers for the unexpired term not later than 4:30 p.m. on the fortieth day prior to the general election with the nonpartisan candidate who is to be nominated to be decided by lot, under the supervision of the chief election officer. The candidates for the unexpired term shall be elected in accordance with this title. Pending the election, the governor shall make a temporary appointment to fill the vacancy, and the person appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;
(4) If it occurs after the fiftieth day prior to the next succeeding general election or if no candidates are nominated, the governor shall make an appointment to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the same senate district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party. [L 1970, c 26, pt of §2; am L 1973, c 217, §7(c); am L 1980, c 247, §2; gen ch 1985; am L 1990, c 35, §2; am L 1992, c 276, §1; am L 2007, c 57, §3]

§17-4 State representatives. (a) Whenever any vacancy in the membership of the state house of representatives occurs, the governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the same state representative district as the prior incumbent. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy.
(b) If the prior incumbent was not a member of any political party, the governor, within sixty calendar days following the first day of vacancy, shall appoint a person who is at the time of appointment a resident of the same state representative district as the prior incumbent and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party. [L 1970, c 26, pt of §2; gen ch 1985; am L 1992, c 276, §2; am L 2007, c 57, §4]

§17-5 REPEALED. L 1990, c 35, §5.

§17-6 REPEALED. L 2011, c 5, §17.

§17-7 Board of trustees, office of Hawaiian affairs. (a) Whenever any vacancy in the membership of the board of trustees occurs, the term of which ends at the next succeeding general election, the vacancy shall be filled by a two-thirds vote of the remaining members of the board. If the board fails to fill the vacancy within sixty days after it occurs, the governor shall fill the vacancy within ninety days after the vacancy occurs. When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term.
(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:
(1) If it occurs not later than on the ninetieth day prior to the next succeeding primary election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12-6 and shall be nominated and elected in accordance with this title. Pending the election, the board or the governor shall make a temporary appointment to fill the vacancy in the manner prescribed under subsection (a). When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term and shall serve until the election of the person duly elected to fill such vacancy.
(2) If it occurs after the ninetieth day prior to the next succeeding primary election, the board or the governor shall make an appointment to fill the vacancy in the manner prescribed under subsection (a). When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term.
(c) All appointments made by the board or the governor under this section shall be made without consideration of the appointee’s party preference or nonpartisanship. [L 1979, c 196, §9; am L 1980, c 247, §4; am L 1990, c 35, §4; am L 2012, c 26, §1; am L 2013, c 287, §4]

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Chapter 19 – Election Offense

§19-1 Classes of offenses. Except as otherwise provided, offenses against the election laws contained in this title are divided into two classes: “election frauds” and “misdemeanors”. [L 1970, c 26, pt of §2]

§19-2 REPEALED. L 1974, c 34, §5(a).

§19-3 Election frauds. The following persons shall be deemed guilty of an election fraud:
(1) Every person who, directly or indirectly, personally or through another, gives, procures, or lends, or agrees or offers to give, procure, or lend, or who endeavors to procure, any money or office or place of employment or valuable consideration to or for any elector, or to or for any person for an elector, or to or for any person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who does any such act on account of any person having voted or refrained from voting for any particular person at any election;
(2) Every person who advances or pays, or causes to be paid, any money to, or to the use of, any other person, with the intent that the money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election; or who knowingly pays or causes to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election;
(3) Every elector who, before, during, or after any election, directly or indirectly, personally or through another, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for oneself or any other person for voting or agreeing to vote, or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party;
(4) Every person who, directly or indirectly, personally or through another, makes use of, or threatens to make use of, any force, violence, or restraint; or inflicts or threatens to inflict any injury, damage, or loss in any manner, or in any way practices intimidation upon or against any person in order to induce or compel the person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of the person having voted or refrained from voting, or voted or refrained from voting for any particular person or party; or who by abduction, distress, or any device or contrivance impedes, prevents, or otherwise interferes with the free exercise of the elective franchise;
(5) Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who, having once voted, votes or attempts to vote again, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting;
(6) Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at the election;
(7) Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement;
(8) Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections who wilfully fails, neglects, or refuses to do or perform the same, or who is guilty of any wilful violation of any of the provisions thereof;
(9) Any person wilfully tampering or attempting to tamper with, disarrange, deface, or impair in any manner whatsoever, or destroy any voting machine while the same is in use at any election, or who, after the machine is locked in order to preserve the registration or record of any election made by the same, tampers or attempts to tamper with any voting machine;
(10) Every person who, directly or indirectly, personally or through another, wilfully designs, alters, accesses, or programs any electronic voting system to cause the system to inaccurately record, tally, or report votes cast on the electronic voting system;
(11) Every person who assists a voter in the completion of a ballot in violation of section 11-139; and
(12) Every person who knowingly broadcasts, televises, circulates, publishes, distributes, or otherwise communicates, including by electronic means or advertisement, false information about the time, date, place, or means of voting with the purpose of impeding, preventing, or otherwise interfering with the free exercise of the elective franchise. [L 1970, c 26, pt of §2; gen ch 1985; am L 1989, c 88, §2; am L 2005, c 200, §2; am L 2013, c 235, §4; am L 2014, c 128, §3]

[§19-3.5] Voter fraud. The following persons shall be guilty of a class C felony:
(1) Any person who knowingly registers another person to vote when that person is not entitled to register to vote;
(2) Any person who knowingly votes when the person is not entitled to vote;
(3) Any person who knowingly takes an oath in this title prescribed or authorized by law and wilfully makes any false statement of fact while under oath therein; or
(4) Any person who wilfully makes a false answer to any question asked of the person while under oath in this title prescribed or authorized by law. [L 1990, c 115, §2]

§19-4 Penalties; disqualification for, removal from office; reports of convictions to chief election officer. Every person found guilty of an election fraud shall be fined not less than $1,000 nor more than $5,000, or imprisoned not more than two years, or both. Besides the punishment, the person shall be disqualified from voting and from being elected to, holding or occupying any office, elective or appointive. If the person so convicted holds any office, either elective or appointive, at the time of the conviction, the office shall at once and without mention in the sentence or other proceeding be vacated by the conviction. The judge before whom the conviction is had shall immediately transmit to the chief election officer and to the respective county clerks the name of the person, the offense of which the person has been convicted and the sentence of the court. [L 1970, c 26, pt of §2; am L 1970, c 188, §39; gen ch 1985; am L 2007, c 55, §1]

§19-5 REPEALED. L 1975, c 146, §2(a).

§19-6 Misdemeanors. The following persons shall be guilty of a misdemeanor:
(1) Any person who offers any bribe or makes any promise of gain, or with knowledge of the same, permits any person to offer any bribe or make any promise of gain for the person’s benefit to any voter to induce the voter to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after the signing;
(2) Any person who wilfully tears down, destroys, or defaces any election proclamation, poster, notice, list of voters, visual aids, or facsimile ballot, issued or posted by authority of law;
(3) Any person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness, or color to the official ballot so that it could be cast or counted as an official ballot in an election;
(4) Every person who is disorderly or creates a disturbance whereby any meeting of the board of registration of voters during an election is disturbed or interfered with; or whereby any person who intends to be lawfully present at any meeting or election is prevented from attending; or who causes any disturbance at any election; and every person assisting or aiding or abetting any disturbance;
(5) Every person who, either in person or through another, in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the board of registration of voters, or in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election;
(6) Any person, other than those designated by section 11-132, who remains or loiters within the area set aside for voting as set forth in section 11-132 during the time appointed for voting;
(7) Any person, including candidates carrying on any campaign activities within the area described in section 11-132 during the period of time starting one hour before voting opens and ending when voting closes for the purpose of influencing votes. Campaign activities shall include the following:
(A) Any distribution, circulation, carrying, holding, posting, or staking of campaign cards, pamphlets, posters, and other literature;
(B) The use of public address systems and other public communication media;
(C) The use of motor caravans or parades; and
(D) The use of entertainment troupes or the free distribution of goods and services;
(8) Any person who opens a return envelope containing:
(A) An absentee ballot voted under chapter 15 other than those persons authorized to do so under chapter 15; or
(B) A ballot voted by mail under part VIIA of chapter 11 other than those persons authorized to do so under part VIIA of chapter 11;
(9) Any unauthorized person found in possession of any voting machine or keys thereof; and
(10) Every person who willfully violates or fails to obey any of the provisions of law, punishment for which is not otherwise specified in this chapter. [L 1970, c 26, pt of §2; am L 1973, c 217, §8; am L 1974, c 34, §5(b); am L 1975, c 36, §6 and c 146, §2(b); am L 1976, c 106, §5; am L 1980, c 264, §7; am L 1989, c 121, §2; am L 1990, c 115, §3; am L 2019, c 136, §37]

§§19-7 to 19-9 REPEALED. L 1998, c 236, §§2 to 4.

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Chapter 21 – Legislative Hearings and Procedure

§21-1 Purpose. The purpose of this chapter is to establish procedures governing legislative investigating committees to provide for the creation and operation of legislative investigating committees in a manner which will enable them to perform properly the powers and duties vested in them, including the conduct of hearings, in a fair and impartial manner, consistent with protection of the constitutional rights of persons called to testify at such hearings and preservation of the public good. [L 1969, c 211, pt of §1]

§21-2 Definitions. As used in this chapter:
“Hearing” means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving other evidence. A hearing may be open to the public or closed to the public.
“Investigating committee” means any of the following which are authorized to compel the attendance and testimony of witnesses or the production of books, records, papers, and documents for the purpose of securing information on a specific subject for the use of the legislature:
(1) A standing or special or select committee or committee of the whole of either house of the legislature;
(2) A joint committee of both houses;
(3) An authorized subcommittee of a legislative committee; and
(4) Any body created by law, the members of which may include nonlegislators.
“Public hearing” means any hearing open to the public, or the proceedings of which are made available to the public. [L 1969, c 211, pt of §1]

§21-3 Establishment of investigating committees by legislature. (a) An investigating committee may exercise its powers during sessions of the legislature, and also in the interim between sessions when so provided by law or by the concurrent or single house resolution or statute by which the committee was established or from which it derives its investigatory powers.
(b) The concurrent or single house resolution or statute establishing an investigating committee shall state the committee’s purposes, powers, duties and duration, the subject matter and scope of its investigatory authority, and the number of its members. [L 1969, c 211, pt of §1]

§21-4 Adoption of rules. Each investigating committee shall adopt rules, not inconsistent with law or any applicable rules of the legislature, governing its procedures, including the conduct of hearings. [L 1969, c 211, pt of §1]

§21-5 Finances and staff. Each investigating committee may employ such professional, technical, clerical, or other personnel as necessary for the proper performance of its duties, to the extent of funds made available to it for such purpose and subject to such restrictions and procedures relating thereto as may be provided by law or any applicable rules of the legislature. [L 1969, c 211, pt of §1]

§21-6 Membership, quorum, voting. (a) An investigating committee shall consist of not less than five members.
(b) A quorum shall consist of a majority of the total authorized membership of the committee.
(c) No action shall be taken by a committee at any meeting unless a quorum is present. The committee may act by a majority vote of the members present and voting at a meeting at which there is a quorum, unless the provisions of this chapter or any other statute require a greater number or proportion. [L 1969, c 211, pt of §1]

§21-7 Hearings. (a) An investigating committee may hold hearings appropriate for the performance of its duties, at such times and places as the committee determines.
(b) The committee shall provide by its rules that each member of the committee be given at least three days written notice of any hearing to be held when the legislature is in session and at least seven days written notice of any hearing to be held when the legislature is not in session. The notices shall include a statement of the subject matter of the hearing. A hearing, and any action taken at a hearing, shall not be deemed invalid solely because notice of the hearing was not given in accordance with this requirement.
(c) Any investigating committee shall not conduct a hearing unless a quorum is present. [L 1969, c 211, pt of §1]

§21-8 Issuance of subpoenas. (a) The president or speaker or other presiding officer of either house of the legislature may issue subpoenas requiring the attendance of witnesses and subpoenas duces tecum requiring the production of books, documents, or other evidence, in any matter pending before either house, or committee, as the case may be.
(b) Every investigating committee, when authorized by either house or both houses, as the case may be, may issue, by majority vote of all its members, subpoenas requiring the attendance of witnesses and subpoenas duces tecum requiring the production of books, documents, or other evidence, in any matter pending before the committee.
(c) A person subpoenaed to attend a hearing of an investigating committee shall receive the same fees and allowances as a person legally required to attend upon a circuit court or a grand jury in any criminal case pursuant to section 621-7.
(d) Any subpoena, warrant of arrest or other process issued under the authority of any house or of both houses of the legislature shall run in the name of the State of Hawaii and shall be addressed to any or all of the following officers: the sergeant-at-arms of either house of the legislature; the sergeant-at-arms of both houses of the legislature, in the case of a subpoena issued in behalf of a joint committee of both houses; the sheriff or the sheriff’s deputies; the chief of police of any county or the chief’s deputies; any police officer of the State or any county. The subpoena, warrant or other process shall be signed by the officer authorized to issue it, shall set forth the officer’s official title, shall contain a reference to the rule, or concurrent, or other resolution, or other means, by which the taking of testimony or other evidence, or the issuance of such warrant or other process, was authorized, and shall, in the case of a summons or subpoena, set forth in general terms the matter or question with reference to which the testimony or other evidence is to be taken.
(e) Any officer to whom such process is directed, if within the officer’s territorial jurisdiction, shall forthwith serve or execute the same upon delivery thereof to the officer, without charge or compensation, except as provided in section 21-8(f).
(f) The house, or both houses of the legislature in the case of a subpoena or process issued by a joint committee, shall compensate or reimburse any officer serving or executing the subpoena or process for the officer’s actual expenses, if any, in connection therewith. [L 1969, c 211, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]

§21-9 Notice to witnesses. (a) Service of a subpoena requiring the attendance of a person at a hearing of an investigating committee shall be made at least five days prior to the date of the hearing unless a shorter period of time is authorized by majority vote of all the members of the committee in a particular instance when, in their opinion, the giving of five days notice is not practicable; but if a shorter period of time is authorized, the person subpoenaed shall be given reasonable notice of the hearing, consistent with the particular circumstances involved.
(b) Any person who is served with a subpoena to attend a hearing of an investigating committee also shall be served with a copy of the resolution or statute establishing the committee, a copy of the rules under which the committee functions, a general statement informing the person of the subject matter of the committee’s investigation or inquiry, and a notice that the person may be accompanied at the hearing by counsel of the person’s own choosing. [L 1969, c 211, pt of §1; gen ch 1985]

§21-10 Conduct of hearings. (a) All hearings of an investigating committee shall be public unless the committee, by two-thirds vote of all of its members, determines that a hearing should not be open to the public in a particular instance.
(b) The chairperson of an investigating committee, if present and able to act, shall preside at all hearings of the committee and shall conduct the examination of witnesses alone or supervise examination by other members of the committee, the committee’s counsel, or members of the committee’s staff who are so authorized. In the chairperson’s absence or disability, the vice-chairperson shall serve as presiding officer. The committee shall provide by its rules for the selection of a presiding officer to act in the absence or disability of both the chairperson and the vice-chairperson.
(c) No hearing, or part thereof, shall be televised, filmed, or broadcast except upon approval of the committee, by majority vote of all of its members. [L 1969, c 211, pt of §1; gen ch 1985, 1993]

§21-11 Right to counsel and submission of questions. (a) Every witness at a hearing of an investigating committee may be accompanied by counsel of the witness’ own choosing, who may advise the witness as to the witness’ rights, subject to reasonable limitations which the committee may prescribe to prevent obstruction of or interference with the orderly conduct of the hearing.
(b) Any witness at a hearing, or the witness’ counsel, may submit to the committee proposed questions to be asked of the witness or any other witness relevant to the matters upon which there has been any questioning or submission of evidence, and the committee shall ask such of the questions as are appropriate to the subject matter of the hearing. [L 1969, c 211, pt of §1; gen ch 1985]

§21-12 Testimony. (a) An investigating committee shall cause a record to be made of all proceedings in which testimony or other evidence is demanded or adduced, which record shall include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn written statements submitted to the committee, and such other matters as the committee or its chairperson may direct.
(b) All testimony given or adduced at a hearing shall be under oath or affirmation unless the requirement is dispensed with in a particular instance by majority vote of the committee members present at the hearing.
(c) The president or speaker or other presiding officer of either house of the legislature or any member of an investigating committee may administer an oath or affirmation to a witness at a hearing of such committee.
(d) The presiding officer at a hearing may direct a witness to answer any relevant question or furnish any relevant book, paper, or other document, the production of which has been required by subpoena duces tecum. Unless the direction is overruled by majority vote of the committee members present, disobedience shall constitute a contempt.
(e) A witness at a hearing or the witness’ counsel, with the consent of a majority of the committee members present at the hearing, may file with the committee for incorporation into the record of the hearing sworn written statements relevant to the purpose, subject matter, and scope of the committee’s investigation or inquiry.
(f) A witness at a hearing, upon the witness’ advance request and at the witness’ own expense, shall be furnished a certified transcript of the witness’ testimony at the hearing.
(g) Testimony and other evidence given or adduced at a hearing closed to the public shall not be made public unless authorized by majority vote of all of the members of the committee, which authorization shall also specify the form and manner in which the testimony or other evidence may be released.
(h) All information of a defamatory or highly prejudicial nature received by or for the committee other than in an open or closed hearing shall be deemed to be confidential. No such information shall be made public unless authorized by majority vote of all of the members of the committee for legislative purposes, or unless its use is required for judicial purposes. [L 1969, c 211, pt of §1; gen ch 1985, 1993]

§21-13 Interested persons. (a) Any person whose name is mentioned or who is otherwise identified during a hearing of an investigating committee and who, in the opinion of the committee, may be adversely affected thereby, may, upon the person’s request or upon the request of any member of the committee, appear personally before the committee and testify in the person’s own behalf, or, with the committee’s consent, file a sworn written statement of facts or other documentary evidence for incorporation into the record of the hearing.
(b) Upon the consent of a majority of its members, an investigating committee may permit any other person to appear and testify at a hearing or submit a sworn written statement of facts or other documentary evidence for incorporation into the record thereof. No request to appear, appearance, or submission of evidence shall limit in any way the investigating committee’s power of subpoena.
(c) Any person who appears before an investigating committee pursuant to this section shall have all the rights, privileges, and responsibilities of a witness provided by this chapter. [L 1969, c 211, pt of §1; gen ch 1985]

§21-14 Contempt. (a) A person shall be in contempt if the person:
(1) Fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;
(2) Fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper, or other document subpoenaed by or on behalf of an investigating committee; or
(3) Commits any other act or offense against an investigating committee which, if committed against the legislature or either house thereof, would constitute a contempt.
(b) An investigating committee may, by majority vote of all its members, report to the legislature or the house thereof by which it was established, any instance of alleged contempt. The president or speaker shall certify a statement of such contempt under the president’s or speaker’s signature as president or speaker, as the case may be, to the attorney general who shall prosecute the offender in any court of the State. If the legislature is not in session, a statement of the alleged contempt shall be certified by the chairperson or acting chairperson of the committee concerned, under the chairperson’s or acting chairperson’s signature, to the attorney general who shall prosecute the offender as aforesaid. An instance of alleged contempt shall be considered as though committed in or against such house or the legislature itself. [L 1969, c 211, pt of §1; gen ch 1993]

§21-15 Penalties. (a) A person guilty of contempt under this chapter shall be fined not more than $1,000 or imprisoned not more than one year or both.
(b) If any investigating committee fails in any material respect to comply with the requirements of this chapter, any person subject to a subpoena or a subpoena duces tecum who is injured by the failure shall be relieved of any requirement to attend the hearing for which the subpoena was issued or, if present, to testify or produce evidence therein; and the failure shall be a complete defense in any proceeding against the person for contempt or other punishment.
(c) Any person other than the witness concerned or the witness’ counsel who violates subsection 21-12(g) or (h) shall be fined not more than $500 or imprisoned not more than six months, or both. The attorney general, on the attorney general’s own motion or on the application of any person claiming to have been injured or prejudiced by an unauthorized disclosure may institute proceedings for trial of the issue and imposition of the penalties provided herein. Nothing in this subsection shall limit any power which the legislature or either house thereof may have to discipline a member or employee or to impose a penalty in the absence of action by a prosecuting officer or court. [L 1969, c 211, pt of §1; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see §§701-107, 706-640, 663.

§21-16 Government officer and employees to cooperate. The officers and employees of the State and of each county shall cooperate with any investigating committee or committees or with their representatives and furnish to them or to their representatives such information as may be called for in connection with the research activities of the committees. [L 1969, c 211, pt of §1]

§21-17 Sergeants-at-arms; powers and duties. The sergeant-at-arms of each house of the legislature, and each of the sergeant-at-arms’ deputies appointed by authority of such house, shall:
(1) Attend such house during its sittings;
(2) Maintain order under the direction of the speaker, president, or other presiding officer of such house;
(3) Under the direction of the clerk of such house, execute the commands of such house and all processes issued by authority thereof, directed to the sergeant-at-arms by the speaker, president, or other presiding officer of such house, or by the chairperson or acting chairperson of any joint committee established by a concurrent resolution of the two houses of the legislature, or by the chairperson or acting chairperson of any committee of either house. In this connection the sergeant-at-arms and each of the sergeant-at-arms’ deputies shall have all the powers and authority of a police officer, including the power of arrest. [L 1969, c 211, pt of §1; am L 1979, c 105, §2; am L 1989, c 211, §10; am L 1990, c 281, §§1, 11; gen ch 1993]

§21-18 Same; badge. The symbol of the office of the sergeant-at-arms of each house of the legislature shall be a metal badge in such form as such house shall adopt, bearing the words, among others, “Sergeant-at-Arms of the Senate, State of Hawaii”, or “Sergeant-at-Arms of the House of Representatives, State of Hawaii”, as the case may be, and shall be displayed by the sergeant-at-arms in enforcing or carrying out the sergeant-at-arms’ duties. [L 1969, c 211, §1; am L 1984, c 90, §1]

§21-19 Limitations. Nothing contained in this chapter shall be construed to limit or prohibit the acquisition of evidence or information by an investigating committee by any lawful means not provided for herein. [L 1969, c 211, §1]

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Chapter 21D – Access/Legislative Information Service

[§21D-1] Definitions. As used in this chapter, unless the context requires otherwise:
“ACCESS/legislative information services” means the information service provided by the legislature through on-line information networks; including, without limitation, HAWIAN.
“HAWIAN” means the Hawaii area-wide information network.
“On-line” means accessed by the use of data communications hardware and software. [L 1990, c 348, pt of §1]

[§21D-2] Purpose. The purpose of the ACCESS/legislative information service is to provide certain legislative information and services prepared by the legislature through one or more on-line information networks and to increase the accessibility by the public and state government to information and services. [L 1990, c 348, pt of §1]

[§21D-3] Warranty; limitation of liability. Use of the ACCESS/legislative information service on the HAWIAN gateway network is at the sole risk of the user. The legislature makes no warranty or representation of any kind, either express or implied. The legislature provides access to legislative information and services on an “as is” basis, and it shall not be liable or held responsible: for any unintentional omission, addition, or error in or loss of service or data; for any breakdown, interruption, or delay in service; or for any other failure or inability of the legislature to provide services or data resulting directly or indirectly from any cause or circumstances. [L 1990, c 348, pt of §1]

[§21D-4] Rights to data and system software. The legislature is the sole and exclusive owner of all rights, titles, and interests in and to legislatively-generated databases, including but not limited to all computer software and certain data. [L 1990, c 348, pt of §1]

§21D-5 Hawaii legislative publications special fund; established. (a) There is established a Hawaii legislative publications special fund within the treasury of the State into which shall be deposited:
(1) All licensing fees or royalties derived from the publication of the Hawaii Revised Statutes in electronic format;
(2) All appropriations made by the legislature to the fund; and
(3) Any other proceeds derived from the publication and use of other legislative publications and information services in an electronic format.
All interest accrued by the revenues of the fund shall become part of the fund.
(b) Moneys in the Hawaii legislative publications special fund shall be used by the legislature to operate and improve the computer and public access systems of the legislature. Expenditures from the Hawaii legislative publications special fund shall be authorized and disbursed through joint agreement of the president of the senate and the speaker of the house of representatives.
(c) The Hawaii legislative publications special fund shall not be subject to section 36-27, 36-30, or 37-53. [L 1996, c 174, §12; am L 2009, c 79, §§26, 34(3)]

[§21D-6 Joint legislative access committee.] There is established the joint legislative access committee which shall be composed of members of the legislature. The president of the senate and the speaker of the house of representatives shall each appoint a co-chair and two members or more to the committee, one of whom shall be a member of the minority party.
The committee shall:
(1) Oversee the staff and operations of the legislative broadcast project, and recommend policies for the project which shall be adopted by concurrent resolution; and
(2) Review the operations of the public access room, legislative internet project, and other public access projects of the legislature and recommend policies for these projects to the president of the senate and the speaker of the house of representatives. [L 1996, c 174, §10]

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Chapter 21E – Joint Legislative Management Committee

[§21E-1] Definitions. As used in this chapter, unless the context otherwise requires:
“Committee” means the joint legislative management committee established under this chapter.
“Legislative service agency” means the office of the auditor, the office of the legislative reference bureau, and the office of the ombudsman.
“Legislative service agency director” means the director or administrative head of a legislative service agency.
“Member” means a member of the joint legislative management committee. [L 1990, c 127, pt of §2]

[§21E-2] Establishment of the joint legislativemanagement committee; members; terms; vacancies. (a) There is established within the legislature a bipartisan joint legislative management committee to supervise, develop policy, and coordinate activities for all legislative service agency staff services.
(b) The committee shall consist of ten members: five shall be representatives appointed by the speaker of the house of representatives, including the chairperson of the house committee on legislative management and at least one member of the minority party, and five shall be senators appointed by the president of the senate, including the chairperson of the senate committee on legislative management and at least one member of the minority party. The appointing authority of each house shall make and announce the appointment or reappointment of members of the committee no later than fifteen days after the convening of the first regular session of each legislature. The chairpersons of the house and senate legislative management committees shall serve as co-chairs of the joint legislative management committee.
(c) Members shall serve for the duration of the legislature during which they are appointed. In the event the appointing authority of either house has not appointed or reappointed members of the committee within fifteen days after the convening of the first regular session of the legislature, the incumbent members shall continue serving on the committee until successors are appointed. When a member of the committee files a declaration of candidacy for an elective office other than that of member of either house of the legislature, and the member has not resigned from membership on the committee, the member’s committee membership shall terminate on the date of filing.
(d) When a vacancy occurs in the membership of the committee, the appointing authority of the house incurring the vacancy shall fill the vacancy within thirty days. A legislator appointed to fill a vacancy shall be a member of the same political party as the member vacating the seat.
(e) Members of the committee shall serve without pay, but shall be reimbursed for their actual and necessary expenses, including travel expenses incurred in carrying out their duties. [L 1990, c 127, pt of §2]

[§21E-3] Meetings and attendance of quorum. The members of the committee shall meet at times and places as specified by a call of the co-chairpersons or a majority of the committee. The committee shall prescribe rules for its own management and government. Six members of the committee shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee. [L 1990, c 127, pt of §2]

[§21E-4] Powers and duties. The committee shall be responsible for establishing general policy and evaluating, supervising, and coordinating activities among the legislative service agencies. The committee shall:
(1) Determine the types, quantity, and quality of tasks to be assigned to each legislative service agency within statutory limitations; provided that with respect to direction to the auditor to conduct investigations pursuant to Article VII, section 10 of the Constitution of the State, direction shall be by both houses of the legislature;
(2) Evaluate and recommend the budget of each legislative service agency to the legislature;
(3) Approve annually the salary pay ranges to be used in determining the salaries of the staffs of legislative service agencies. Legislative service agency directors shall determine the salaries to be paid to their respective staffs in accordance with the pay ranges. Each legislative service agency director shall file a report annually with the committee setting forth the salaries paid to their respective staffs;
(4) Meet at times as it may determine to carry out its policy-making duties;
(5) Evaluate ways to improve legislative service agency staff services and organization, including but not limited to: operations of legislative service agencies, management of legislative business, legislative compensation, legislative information systems, legislative office space, and efficient use of state capitol facilities;
(6) Supervise the development, operation, and maintenance of legislative information processing systems, including but not limited to approving and monitoring joint computer operations in the legislative process;
(7) Adopt rules as necessary for the purposes of this chapter; and
(8) Do all things necessary and proper to carry out the purposes of this chapter. [L 1990, c 127, pt of §2]

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Chapter 21F – Legislative Fiscal and Budget Analysis

[§21F-1] Purpose. The legislature finds that most states have a separate fiscal policy office in the legislative branch that works effectively to provide the legislature with necessary revenue and expenditure data and analyses from which economic and fiscal policies are developed. In Hawaii, the legislature relies on the economic and fiscal analyses of the executive branch and private sector. The legislature believes that this dependency creates an inherent conflict of interest that precludes the legislature from operating independently.
Modern legislatures have become sophisticated data gatherers and analysts, on par with the executive and judiciary branches. Over the last five years, this shift has been accelerated through the development of professional, highly specialized legislative staff.
Since Hawaii’s legislature meets for only four months of the year, it has come to rely heavily on the use of session-only legislative staff or employees on loan from the executive branch. In 1988, the state house and senate together employed six hundred twenty-one session staff members as compared to one hundred fifty-one permanent employees. Only New York, the state with the most legislative staff in the country, had more session staff than Hawaii.
The purpose of this chapter is to establish a permanent legislative committee to provide the legislature with information, facts, and analyses concerning fiscal, budgetary, and tax matters of the State. It is the legislature’s intent that the committee, with the assistance of the office of the legislative analyst, shall perform independent, in-depth analysis of the State’s budget, revenues and expenditures, economic conditions, and tax policies. [L 1990, c 347, pt of §2]

[§21F-2] Definitions. As used in this chapter, unless the context requires otherwise:
“Committee” means the joint legislative budget committee.
“House” means the state house of representatives.
“Office” means the office of the legislative analyst.
“Senate” means the state senate. [L 1990, c 347, pt of §2]

[§21F-3] Joint legislative budget committee established; purpose. The joint legislative budget committee is hereby established. The committee shall ascertain facts and make recommendations to the legislature and to the houses thereof concerning: the state budget; the revenues and expenditures of the State; the organization and functions of the State, its departments, subdivisions, and agencies; and other matters as may be provided for in the rules of the senate and the rules of the house. The committee shall have a continuing existence and may meet, act, and conduct its business at any place within this State, during the sessions of the legislature or any recess, and in the interim period between sessions. [L 1990, c 347, pt of §2]

[§21F-4] Selection of members; co-chairpersons; filling vacancies. The committee shall consist of five members of the senate and five members of the house who shall be selected in the manner provided for in the rules of the senate and the rules of the house. The president of the senate and the speaker of the house shall select the members of the committee, including members of the majority leadership, members of the minority leadership, the chairperson of the senate ways and means committee, and the chairperson of the house finance committee. The chairperson of the senate ways and means committee and the chairperson of the house finance committee shall serve as co-chairpersons of the committee. Vacancies occurring in the membership of the committee shall be filled in the manner provided for in the rules of the senate and the rules of the house. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever the member is not reelected at the general election. [L 1990, c 347, pt of §2]

[§21F-5] Rules. The committee is authorized to adopt rules governing its own proceedings and to create subcommittees from its membership and assign to the subcommittees any study, inquiry, investigation, or hearing that the committee itself has authority to undertake or hold. [L 1990, c 347, pt of §2]

[§21F-6] Office of the legislative analyst established. (a) There is established the office of the legislative analyst to be administered by the committee. The committee shall appoint a legislative analyst who shall serve for a period of four years. The committee, by a three-fourths vote of its members, may remove the legislative analyst from office, but only for cause. The committee shall fix the salary of the legislative analyst.
(b) The legislative analyst may employ other clerical and technical employees as may be necessary to carry out the functions of the office. The legislative analyst and other clerical and technical employees shall be entitled to participate in any employee benefit program plan or privilege generally available to state employees. [L 1990, c 347, pt of §2]

[§21F-7] General purposes of analyst. (a) The purpose of the office of the legislative analyst shall be:
(1) To provide the legislature with research and analysis of current and projected state revenues and expenditures;
(2) To provide the legislature with a report analyzing the governor’s proposed levels of revenue and expenditures for biennial budgets submitted under chapter 37 as well as other supplemental budget submittals to the legislature by the governor;
(3) To provide an analysis of the impact of the governor’s proposed revenue and expenditure plans for the next biennium;
(4) To conduct research matters of economic and fiscal policy and to report to the legislature on the result of the research;
(5) To provide economic reports and studies on the state of the State’s economy, including trends and forecasts for consideration by the legislature;
(6) To conduct budget and tax studies and provide general fiscal and budgetary information;
(7) To review and make recommendations on the operation of state programs in order to appraise the implementation of state laws regarding the expenditure of funds and to recommend means of improving their efficiency; and
(8) To recommend to the legislature changes in the mix of revenue sources for programs, in the percentage of state expenditures devoted to major programs, and in the role of the legislature in overseeing state government expenditures and revenue projections.
(b) In performing the duties under subsection (a), the legislative analyst shall consider, among other things:
(1) The relative dependence on state tax revenues, federal funds, and user fees to support state-funded programs, and whether the existing mix of revenue sources is appropriate, given the purposes of the programs;
(2) The relative percentages of state expenditures that are devoted to major programs such as education, assistance to local government, aid to individuals, state agencies and institutions, and debt service; and
(3) The role of the legislature in overseeing state government expenditures, including legislative appropriation of money from the general fund, legislative appropriation of money from funds other than the general fund, state agency receipt of money into revolving and other dedicated funds and expenditure of money from these funds, and state agency expenditure of federal funds. [L 1990, c 347, pt of §2]

[§21F-8] Agencies to cooperate. All departments, agencies, and education institutions of the executive and judicial branches, the office of Hawaiian affairs, and the University of Hawaii shall comply with requests of the office of the legislative analyst for information, data, estimates, and statistics on the funding revenue operations, and other affairs of the department, agency, education institution, the office of Hawaiian affairs, or University of Hawaii. The comptroller, the director of finance, the director of taxation, the administrative director of the courts, the administrator of the office of Hawaiian affairs, and the president of the University of Hawaii shall provide the office of the legislative analyst with full and free access to information, data, estimates, and statistics in the possession of their respective departments on the state budget, revenue, expenditures, and tax revenue and expenditures. [L 1990, c 347, pt of §2]

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Chapter 21G – Public Access

[§21G-1] Purpose. The purpose of this chapter is to establish a permanent public access program to ensure improved public participation in the legislative process. [L 1994, c 259, pt of §2]

§21G-2 Public access room established. (a) There is established in the state capitol a public access room in which members of the public shall be allowed to utilize various equipment, services, and facilities to enhance their ability to participate in the legislative process.
(b) The public access room shall be maintained by the legislative reference bureau. [L 1994, c 259, pt of §2; am L 1996, c 174, §2]

[§21G-3] Legislative broadcast program established. (a) There is established in the state capitol a legislative broadcast program that shall become part of the legislature’s permanent public access program.
(b) The legislative broadcast program shall be supervised by the joint legislative access committee established pursuant to section 21D-6. [L 1997, c 373, §2]

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Chapter 22 – Presiding Officers, Clerks, and Staff

§22-1 Presiding officer, tenure. The presiding officer and vice-presiding officer of each house of the legislature shall retain their respective offices, and shall discharge duties appropriate to their offices in the interim between sessions of the legislature, until such time as their successors are qualified in accordance with the rules of the respective houses or unless their tenure be terminated by action of the respective houses. [L 1965, c 231, pt of §1; Supp, pt of §2-50; HRS §22-1]

§22-2 Succession to presiding office of senate and house of representatives. In case of the removal from office, or the death, resignation, absence from the State, or other inability of the presiding officer of the senate or the house of representatives to discharge the duties of the presiding officer’s office, the vice-presiding officer of the senate or the house of representatives, as the case may be, shall become presiding officer until the disability be removed or until a successor to the office of presiding officer is qualified in accordance with the rules of the senate or the house of representatives, as the case may be. [L 1965, c 231, pt of §1; Supp, §2-51; HRS §22-2; gen ch 1985]

§22-3 Clerk, tenure. The clerk of each house of the legislature shall, during sessions of the legislature, devote full time to the duties of the clerk’s office; the clerk shall continue to hold office as clerk and shall discharge duties appropriate to the clerk’s office in the interim between sessions of the legislature, until such time as the clerk’s successor is qualified in accordance with the rules of the respective house or unless the clerk’s tenure be terminated by action of the respective house. [L 1965, c 231, pt of §1; Supp, pt of §2-50; HRS §22-3; gen ch 1985]

§22-4 Permanent staffing. Each house of the legislature may by appropriate rules provide for permanent professional staffing for each respective house. Persons appointed shall perform and observe such duties and responsibilities as may be assigned to them, and they may be called to assist in the development and formulation of policy. Persons appointed by each respective house may, if so determined, serve as staff to committees during the interim and during regular sessions. They shall be appointed and removed and compensated as provided for in the rules of the respective houses, and the provisions of chapter 76 shall not apply. The members of the permanent staff shall be entitled to every state employee benefit and privilege. [L 1965, c 231, pt of §1; Supp, §2-52; am L 1967, c 148, §2; HRS §22-4; am L 2000, c 253, §150]

§22-5 Payment of legislative bills and accounts. During any session the clerk of each house shall pay all bills and accounts as shall be approved in accordance with the rules of the respective houses. When either house is not in session the clerk shall pay all bills and accounts as shall be approved by the presiding officer of the respective houses. The presiding officer of each house may authorize the payment of bills and accounts during the interim between sessions of the legislature. [L 1965, c 231, pt of §1; Supp, §2-53; HRS §22-5]

[§22-6] Notice of proposed constitutional amendments. Upon the adoption of any bill that proposes a constitutional amendment, the clerks of each house of the legislature shall publish the text of the proposed constitutional amendment in accordance with article XVII, section 3 of the Constitution of the State of Hawaii. [L 2003, c 8, §1]

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Chapter 25 – Reapportionment

§25-1 Reapportionment commission. (a) A reapportionment commission shall be constituted before May 1 of each reapportionment year, and the members shall be appointed and certified to hold office until a general election is held under a reapportionment plan of the commission, or of a court of competent jurisdiction, or a new commission is constituted under article IV, section 2 of the state constitution, whichever event shall occur first.
(b) The reapportionment commission shall be placed within the office of elections for administrative purposes only.
(c) In each regular session of the legislature that immediately precedes a reapportionment year, the chief election officer shall request an appropriation that is separate from the office of elections’ operating budget and sufficient to enable the commission to carry out its duties, to be effective in the year in which the reapportionment commission is constituted. [L 1969, c 79, §1; am L 1979, c 51, §2; am L 1982, c 249, §2; am L 1992, c 320, §2; am L 2012, c 223, §1]

§25-2 Duties. (a) Legislative reapportionment. The commission shall reapportion the members of each house of the legislature on the basis, method, and criteria prescribed by the Constitution of the United States and article IV of the Hawaii Constitution. Pursuant thereto, the commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. Not more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice of a legislative reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days’ notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed reapportionment plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in the basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, for consideration by the commission. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final legislative reapportionment plan. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final legislative reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the next five succeeding legislatures.
(b) Congressional reapportionment. At times that may be required by the Constitution and that may be required by law of the United States, the commission shall redraw congressional district lines for the districts from which the members of the United States House of Representatives allocated to this State shall be elected. The commission shall first determine the total number of members to which the State is entitled and shall then apportion those members among single member districts so that the average number of persons in the total population counted in the last preceding United States census per member in each district shall be as nearly equal as practicable. In effecting the reapportionment and districting, the commission shall be guided by the following criteria:
(1) No district shall be drawn so as to unduly favor a person or political party;
(2) Except in the case of districts encompassing more than one island, districts shall be contiguous;
(3) Insofar as practicable, districts shall be compact;
(4) Where possible, district lines shall follow permanent and easily recognized features such as streets, streams, and clear geographical features, and when practicable, shall coincide with census tract boundaries;
(5) Where practicable, state legislative districts shall be wholly included within congressional districts; and
(6) Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.
Not more than one hundred days from the date on which all members are certified, the commission shall cause public notice to be given of a congressional reapportionment plan prepared and proposed by the commission. The commission shall conduct public hearings on the proposed plan in the manner prescribed under subsection (a). At least one public hearing shall be held in each basic island unit after initial public notice of the plan. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final congressional reapportionment plan. Within fourteen days after filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final congressional reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the United States House of Representatives allocated to this State for the next five succeeding congresses. [L 1969, c 79, §2; am L 1979, c 51, §3; am L 1992, c 320, §3; am L 1998, c 2, §8]

§25-3 Powers. The commission may require all such persons as it deems necessary to appear personally and testify before it and to produce to it all books, records, files, papers, maps and documents as shall appear to be necessary for the purpose of formulating a reapportionment plan. The chairperson of the commission or any member thereof acting on behalf of the chairperson shall have power to administer oaths to persons summoned to appear before the commission and such persons may be questioned, under oath, concerning all matters necessary for the due execution of the duties vested in the commission by the Constitution and by this chapter. All hearings and proceedings shall be governed by this chapter and by rules of practice and procedure established by the commission. A majority of its membership shall constitute a quorum to do business, and the concurrence of a majority of its membership shall be necessary to make any action of the commission valid. Meetings shall be called and held at the call of the chairperson or by a quorum. [L 1969, c 79, §3; gen ch 1993]

§25-4 Penalty for violation and false evidence. Any person who, having been summoned under section 25-3 to give testimony or to produce any books, records, files, papers, maps and documents, wilfully makes default, or who, having appeared, refuses to answer any questions or wilfully gives false evidence shall be fined not more than $1,000, or imprisoned not more than twelve months, or both. [L 1969, c 79, §4]

§25-5 Compensation. Each of the members of the reapportionment commission selected and certified shall, for the period the member holds the member’s office, receive compensation of $50 per meeting but not to exceed $1,000 per month and shall be allowed actual and necessary expenses incurred in the performance of the member’s duties. Payments for compensation and expenses shall be paid by warrants signed by the comptroller upon vouchers properly endorsed by the chairperson of the commission. The members of the commission shall be exempt from the provisions of chapter 76. [L 1969, c 79, §5; am L 1973, c 217, §9(a); gen ch 1985, 1993; am L 2000, c 253, §150]

§25-6 Cooperation. The commission may request and shall receive from every department, division, board, bureau, commission or other agency of the State cooperation and assistance in the performance of its duties. [L 1969, c 79, §6]

§25-7 Apportionment advisory councils. The apportionment advisory councils for the respective basic island units shall be constituted at the same time as the reapportionment commission and the members shall be appointed to hold their offices for such term in the manner prescribed in Article IV of the Constitution. Each advisory council shall serve in an advisory capacity to the reapportionment commission as to matters affecting its basic island unit. Each member shall be a registered voter of the member’s basic island unit. A member of a council shall, for the period the member holds the member’s office, receive compensation of $50 per meeting but not to exceed $500 per month and shall be allowed actual and necessary expenses incurred in the performance of the member’s duties. Payments for compensation and expenses shall be made by warrants signed by the comptroller on vouchers properly endorsed by the chairperson of the appropriate advisory council. The members of the council shall be exempt from the provisions of chapter 76. Each council shall elect its own chairperson and may elect other officers as may be necessary to carry out its functions. Meetings shall be called and held at the call of the chairperson or by a quorum which shall be a majority of the members. [L 1969, c 79, §7; am L 1973, c 217, §9(b); am L 1979, c 51, §4; gen ch 1993; am L 2000, c 253, §150]

§25-8 Records, reports. The commission shall keep a written record of its meetings and hearings and shall submit a written report to the legislature twenty days prior to the regular session next convening. [L 1969, c 79, §8; am L 1992, c 320, §4]

[§25-9] Commission; continuance after challenge of plan. In the event of a successful court challenge of a reapportionment plan, the reapportionment commission shall continue in operation and may assist the court in formulating a new reapportionment plan. [L 1992, c 320, §1]

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Chapter 50 – Charter Commissions

§50-1 Applicability. All counties which do not have a charter and all counties which have a charter may create a charter commission as provided herein. No provision of this chapter shall be held to alter or restrict any provision of any existing charter, except as hereinafter specifically provided. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(1); Supp, §143A-1; HRS §50-1]

§50-2 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context:
“County” or “counties” means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui.
“Legislative body of the county” means the county council. [L 1963, c 73, pt of §2; Supp, §143A-2; HRS §50-2]

§50-3 Charter commissions. The mayor of each county may appoint successive charter commissions with the approval of the legislative body of the county. The commission shall consist of eleven members, one of whom shall be appointed by the mayor as the chairperson of the commission. Any vacancy in the membership of the commission shall be filled by the mayor of the county with the approval of the legislative body of the county. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(2); Supp, §143A-3; am L 1967, c 235, §1(1); HRS §50-3; gen ch 1985, 1993]

§50-4 Qualifications of commission members. Each charter commission member shall be a registered voter and resident of the county for at least three years prior to the member’s appointment. Elected officials of the state or county governments shall not be eligible for appointment. [L 1963, c 73, pt of §2; Supp, §143A-4; HRS §50-4; gen ch 1985]

§50-5 Commission organization and procedures. No later than fifteen days after its members are appointed, the charter commission shall organize and hold its first meeting and shall adopt such rules and regulations for the conduct of its business as it deems necessary and desirable. Chapter 91 shall not be applicable hereto. The majority of the members of the commission shall constitute a quorum for the transaction of business. [L 1963, c 73, pt of §2; Supp, §143A-5; HRS §50-5]

§50-6 Duties and functions of commissions. The charter commission shall study and analyze the existing governmental structure of the county for the purpose of securing information that will enable it to draft a proposed charter adapted to the requirements of the county and designed to provide for the people of the county, a more efficient and responsible form of government. The study of any subject relevant to the government, property, or other affairs of the county, or of the laws relating thereto, or of any matter or thing deemed by the commission to be pertinent thereto, and consistent with the purpose for which the commission was created, shall be deemed within the scope of the commission’s work. If, after its study, the commission decides that a charter is not desirable, it shall so report to the legislative body of the county and by resolution of the legislative body of the county the commission shall be dissolved. If, however, the commission decides to draft a charter, the charter shall set forth the structure of the county government, the manner in which it is to operate, the powers of the county in local affairs, and shall provide for orderly transition from the present government to government under the charter. [L 1963, c 73, pt of §2; Supp, §143A-6; HRS §50-6]

§50-7 Powers of the commission. The charter commission shall hold public hearings and sponsor public forums and in general provide for the widest possible public information and discussion respecting the purpose and progress of its work. It shall receive the assistance of any officer or employee of the county without extra compensation as it may request to carry out its functions. It may, with the approval of the legislative body of the county, appoint staff members and consultants as it deems necessary. [L 1963, c 73, pt of §2; Supp, §143A-7; HRS §50-7]

§50-8 Submission of proposed charter to legislative body of the county. Within one year of its appointment, the charter commission shall submit a report in writing on its activities, findings, and recommendations to the legislative body of the county together with a draft of the proposed charter. The legislative body of the county may in turn propose one or more sections as alternative, or alternatives to any section of the proposed charter; provided that there shall not be more than a single proposition under any alternative proposal. Within thirty days after the receipt of the proposed charter from the commission, the legislative body shall return the proposed charter with the alternatives to the commission for its study. [L 1963, c 73, pt of §2; Supp, §143A-8; am L 1967, c 235, §1(2); HRS §50-8]

§50-9 Submission of proposed charter to county clerk. If the legislative body of the county proposes no alternative sections to the charter, the charter commission shall submit a draft of the proposed charter to the county clerk within thirty days after it has received the charter from the legislative body. If alternatives are submitted by the legislative body of the county to the commission, then the commission shall accept or reject the alternatives within thirty days after the charter has been returned to it and shall report to the legislative body of the county any rejection. The legislative body of the county may within ten days after receiving such notification recall any or all of the alternative proposals rejected by the commission. Upon the expiration of the time for recall by the legislative body as provided herein or sooner with the consent of the legislative body the commission shall submit to the county clerk the proposed charter together with any alternatives proposed by the legislative body of the county which have not been accepted by the commission and incorporated in its draft. [L 1963, c 73, pt of §2; Supp, §143A-9; am L 1967, c 235, §1(3); HRS §50-9]

§50-10 Publication and submission to electors. The county clerk shall provide for the submission of the proposed charter with any alternatives, as provided by section 50-9, to the qualified electors of the county for approval at a general election or special election to be held on the date determined by the charter commission; provided the special election shall not be held within thirty days before the closing of the date for filing nominations for regular county elections. The commission shall provide for the publication of the proposed charter with any alternatives twenty-one days before the election, in a newspaper of general circulation within the county.
The form of ballot shall be prepared for the county clerk by the commission. The form of the ballot, including such explanatory material as may be necessary, shall be substantially as follows:
Shall the proposed charter of the
County of …………… be adopted? Yes No
In the event alternatives are included in the ballot, the alternatives, including such explanatory material as may be necessary, shall be submitted in substantially the following form:
Shall the proposed charter of the
County of ………. with alternative
No. ………. (here state the substance
of the alternative) be adopted? Yes No
Each elector may vote for the proposed charter and for any proposed alternative. Blank ballots and spoiled ballots shall not be counted in determining the majority of the votes. Any proposition receiving a majority of the votes cast at the charter election shall be considered approved by the electors. If the proposed charter and any of the proposed alternatives receive a majority of the votes cast at the election, the proposition receiving the larger majority shall supersede the proposition with the smaller majority. The laws and rules governing elections, so far as applicable and not inconsistent with this chapter, shall apply to elections held pursuant to this chapter.
Upon adoption, the charter shall become the organic law of the county and shall supersede any existing charter and all laws affecting the organization and government of the county which are in conflict therewith. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(3); Supp, §143A-10; am L 1967, c 235, §1(4); HRS §50-10]
Cross References
Election laws, see Title 2.

§50-11 Charter amendment and revision. Every charter established under this chapter shall provide means by which the charter may be amended or revised. The provisions for amendment and revision must provide for approval of all amendments and revisions by referendum to the electors of the county. The amendment or revision shall be considered ratified if a majority of the electors voting on the amendment or revision cast their ballots in favor of adoption. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(5); Supp, §143A-12; HRS §50-11]

§50-12 Tenure of commission. The terms of office of the members of the charter commission shall expire on the day after the election at which the proposed charter is submitted to the qualified electors of the county for approval, unless earlier terminated as provided in section 50-6. [L 1963, c 73, pt of §2; Supp, §143A-13; HRS §50-12]

§50-13 Compensation of commission members. Members of the charter commission shall receive as compensation for their services the sum of $1,000 each, and shall be reimbursed by the county for their necessary expenses incurred in the performance of their duties. [L 1963, c 73, pt of §2; Supp, §143A-14; HRS §50-13]

§50-14 Appropriations and disbursements. The county legislative body shall appropriate sufficient funds for the compensation of the charter commission members, their necessary expenses, and for the effective operation of the commission including amounts necessary for hiring staff members and consultants and for defraying other reasonable expenses of the commission. The moneys shall be disbursed by the county as prescribed by law. [L 1963, c 73, pt of §2; Supp, §143A-15; HRS §50-14]

§50-15 Reserved powers. Notwithstanding the provisions of this chapter, there is expressly reserved to the state legislature the power to enact all laws of general application throughout the State on matters of concern and interest and laws relating to the fiscal powers of the counties, and neither a charter nor ordinances adopted under a charter shall be in conflict therewith. [L 1963, c 73, pt of §2; Supp, §143A-16; HRS §50-15]

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