Title 2, Elections

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…

§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 …

§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 r…

§12-6 Nomination papers: time for filing; fees. [Section effective until December 31, 2027. For section effective January 1, 2028, see below.] (a) For members of Congress, state offices, county offices, and the board of trustees for the office of Hawaiian affairs, nomination pape…

§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. …

§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 chi…

§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 na…

§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 sh…

§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 requi…

§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 e…

§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…

§13D-5 Term of office; vacancies. [(a)] 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…

PART II. PRESIDENTIAL ELECTORS §14-21 Nomination of presidential electors and alternates; certification by parties; notification of nominees; pledge. (a) In each year when electors of president and vice president of the United States are to be chosen, each of the political partie…

§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 conteste…

§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 entitl…

§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 gov…

§14-25 Duties of the governor; certification of electors by the governor. (a) In submitting the State's certificate of ascertainment as required by title 3 United States Code section 6, the governor shall certify the State's electors and state in the certificate that: (b) On or b…

[§14-25.5] Elector replacement; associated certificates. (a) After the vote of the State's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under title 3 Uni…

§14-26 Assembly of electors at state capital; time. The electors chosen shall assemble at the state capital on the first Tuesday after the second Wednesday in December next following their election, at two o'clock in the afternoon. [L 1970, c 26, pt of §2; am L 2024, c 6, §1]

§14-27 Filling vacancies of presidential electors; presiding officer. (a) The chief election officer shall preside at the meeting of electors described in section 14-28. (b) The position of an elector not present to vote shall be vacant. The chief election officer shall appoint a…

§14-28 Convening and voting for president and vice president; party vote; invalid vote. (a) At the time designated for elector voting and after all vacant positions have been filled under section 14-27, the chief election officer shall provide each elector with a presidential and…

§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,…

§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 certi…

[§14D-1 Enactment of agreement.] 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…

§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 delive…

§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 …

§15-11 Voting by absentee voter at a voter service center prohibited. Any person having voted an absentee ballot pursuant to this chapter shall not be entitled to cast a ballot at a voter service center on election day. An absentee voter who casts a ballot at a voter service cent…

§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,…

§15-13.5 Validity of cast absentee ballot where voter later becomes ineligible. 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, including by death of the vote…

§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 furnis…

§15-2 Who may vote by absentee ballot. Any person registered to vote may cast an absentee ballot in any election, including an election conducted by mail, 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…

§15-2.5 Voting by mail in precinct 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 vote…

§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 …

§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 e…

§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…

§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…

§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,…

§15-9 Return, receipt, processing, and treatment of absentee ballots. An absentee ballot shall be returned, received, processed, and treated in the same manner as a return identification envelope in an election by mail as provided by part VIIA of chapter 11. [L 1975, c 36, pt of …

[§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-10 Receipt of voted ballot. A valid military-overseas ballot shall be counted if it is received by the close of the voter service center on the day of the election and meets the requirements for absentee ballots pursuant to section 15-9. [L 2012, c 226, pt of §1; am L 2021, …

§15D-10.5 Validity of cast military-overseas ballot where covered voter later becomes ineligible. 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 …

[§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…

[§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…

[§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 p…

[§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…

[§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. Failu…

[§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: No award of attorney fees or costs shall be permitted in any private cause of action initiated …

[§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…