2022 Hawaii Revised Statutes
Title 2. Elections
15. Absentee Voting
15-5 Delivery of ballots.
§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, but no earlier than the date that the voter's initial ballot package was or would have been transmitted. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit appropriate ballots, voting information required by section 15-6, and a form containing a waiver of the right to secrecy, as provided by section 11-137. The waiver of the right to secrecy shall not be required if the voted ballot is returned in a signed ballot return identification envelope issued to the voter. 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 closing hour on election day in accordance with section 11-131. Upon receipt, the clerk shall verify compliance with the requirements of section 15-9 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; am L 2021, c 213, §35]