Title 2, Elections

[§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 …

§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 ma…

[§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…

[§15D-8] Timeliness and scope of application for military-overseas ballot. 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 …

[§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…

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…

PART II. VOTING MACHINE SYSTEM §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 elec…

§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 fo…

§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 candid…

PART III. PAPER BALLOT VOTING SYSTEM §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 coun…

§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 v…

§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 l…

§16-26 Questionable ballots. A ballot shall be questionable if: (1) The 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 i…

§16-27 Number of blank and questionable ballots; record of. In addition to the count of the valid ballots, the voter service center officials shall, as to each separate official ballot, also determine and record the number of totally blank ballots and the number of questionable b…

§16-28 Declaration of results. When the voter service center 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. …

§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]

[§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 …

PART IV. ELECTRONIC VOTING SYSTEM §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 an…

§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 a…

§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 19…

§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 el…

§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; …

§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 r…

[§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…

§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.…

§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 …

§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…

§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 per…

§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.…

§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]

§19-3 Election frauds. (a) 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 mo…

[§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) An…

§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 punis…

§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 …