Title 2, Elections

§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…

[§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…

§11-10.5 Statewide elections accessibility needs advisory committee. (a) There is established a statewide elections accessibility needs advisory committee within the office of elections for administrative purposes. The purpose of the advisory committee is to ensure equal and inde…

§11-10.6 County elections accessibility needs advisory committees. (a) Each county shall establish a county elections accessibility needs advisory committee. The purpose of the advisory committee shall be to ensure equal and independent access to voter registration, casting of ba…

[§11-100] Ranked-choice voting; application; procedure. (a) Any federal election not held on the date of a regularly scheduled primary or general election and any special election for a vacant seat on a county council shall be conducted by ranked-choice voting. (b) Except as prov…

[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. A voter in an election conducted by mail shall not be precluded from voting by abse…

§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 pract…

[§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, pt of §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…

§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 v…

§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 …

§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…

§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 eighteenth day before the election. In the presence of official observers, counting center employees m…

[§11-108.5] Validity of cast mail-in ballot where voter later becomes ineligible. The mail-in 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 vot…

§11-109 Voter service centers; places of deposit. (a) Voter service centers shall be established by the clerks to service the particular needs of each county's voters. (b) In each county, a voter service center shall be open from the tenth business day preceding the day of the el…

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 registrati…

[§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…

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 c…

§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 b…

§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 sha…

§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 gov…

§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 t…

[§11-115.5] Legal name of candidates; publication. If the candidate name requested to be printed on a ballot is different than the candidate's legal name, the office of elections and campaign spending commission shall include the candidate's legal name wherever the name requested…

§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 a…

§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…

§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 …

§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 s…

§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 ma…

§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 t…

[§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 …

§11-122 Digital voter information guide. (a) The office of elections shall: (1) Prepare a digital voter information guide, which shall be posted on the office of elections website in a screen reader-accessible format for voters with special needs who are unable to read standard p…

§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 purpose…

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 the closing hour of voting. If, at t…

§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 appu…

§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 reg…

§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 voter service center officials after …

§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 …

§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 pu…

§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 …

§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 ch…

§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…

§11-15.2 Same day in-person registration. (a) Notwithstanding the closing of the general county register pursuant to section 11-24, a person who is not registered to vote may register by appearing in person at any voter service center on or before election day or register electro…

[§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 elec…

[§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. …

[§11-15.7] Automatic registration. (a) An application for voter registration shall be a part of the application for issuance of an identification card under section 286-303 and the application for issuance of a driver's license under section 286-111. Applications for an identific…

PART X. VOTE DISPOSITION §11-151 Vote count. Except for contests conducted by ranked-choice voting pursuant to section 11-100, each contest or question on a ballot shall be counted independently as follows: (1) If the votes cast in a contest or on a question are equal to or less …