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2023 Hawaii Revised Statutes
Title 2. Elections
11. Elections, Generally
PART I. GENERAL PROVISIONS
A. Election Expenses
and Expenditures--Repealed
A. General Provisions B. Campaign Spending Commission
- 11-1 Definitions.
- 11-1.5 Office of elections established.
- 11-1.55 Exemptions.
- 11-1.6 Appointment of the chief election officer; requirements; term; restrictions; salary; reappointment; removal.
- 11-2 Chief election officer; duties.
- 11-2.5 to 2.7 REPEALED.
- 11-2.8 Publication of election notices.
- 11-3 Application of chapter.
- 11-4 Rules.
- 11-5 Employees.
- 11-6 Petitions; withdrawal of signatures.
- 11-7 Elections commission.
- 11-7.5 Duties of the elections commission.
- 11-8 Elections commission; political activities.
- 11-8.5 Elections review program.
- 11-9 Exemptions.
- 11-10 Candidates for public office; public service announcements; public funds.
- 11-10.5 Statewide elections accessibility needs advisory committee.
- 11-10.6 County elections accessibility needs advisory committees.
- 11-11 Registration.
- 11-12 Age; place of registering.
- 11-13 Rules for determining residency.
- 11-14 General county register; restrictions in use.
- 11-14.5 Residence address; confidentiality.
- 11-14.6 REPEALED. L 1997, c 157, §3.
- 11-15 Application to register.
- 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 electronically pursuant to section 11-15.3. (b) The clerk shall designate a registration clerk at each voter service center who shall process applications for any person 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 $10,000 or imprisonment not exceeding five years, or both. (c) 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). If additional time or information is required to validate an application, the applicant shall be provided a provisional ballot. [L 2014, c 166, §1; am L 2019, c 136, §6; am L 2021, c 213, §6]
- 11-15.3 Application to register electronically.
- 11-15.5 Duties of all state agencies; voter registration.
- 11-15.7 Automatic registration.
- 11-16 Application when not made in person.
- 11-17 Removal of names from register, when; reregistration.
- 11-18 Transfer of registration on removal from one precinct to another in same county.
- 11-19 Registration from one county to another.
- 11-20 Transfers; name changes; initiated by clerk.
- 11-21 Change of name, transfer on election day.
- 11-22 Changing register; correction of errors.
- 11-23 Changing register; striking names of disqualified voters.
- 11-24 Closing register.
- 11-25 Challenge by voters; grounds; procedure.
- 11-26 Appeal from ruling on challenge; or failure of clerk to act.
- 11-41 Boards of registration, appointment, tenure.
- 11-42 Compensation.
- 11-43 Powers; procedures.
- 11-44 Records of proceedings.
- 11-51 Appeal from board.
- 11-52 Hearing; decision final.
- 11-53 Decision, notice; action on.
- 11-54 Status pending appeal.
- 11-61 "Political party" defined.
- 11-62 Qualification of political parties; petition.
- 11-63 Party rules, amendments to be filed.
- 11-64 Names of party officers to be filed.
- 11-65 Determination of party disqualification; notice of disqualification.
- 11-91 Proclamation.
- 11-91.5 REPEALED.
- 11-92 REPEALED.
- 11-92.1 Election proclamation; establishment of a new precinct; voter service centers and places of deposit; changes to precinct boundaries.
- 11-92.2 REPEALED.
- 11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.
- 11-92.5 Minimum number of precincts.
- 11-93 to 11-95 REPEALED.
- 11-96 Records prima facie evidence.
- 11-97 Records open to inspection.
- 11-98 Forms and materials used in elections.
- 11-99 Members of Congress, applicability of election laws.
- 11-100 Ranked-choice voting; application; procedure.
- 11-101 Elections eligible to be conducted by mail.
- 11-102 Procedures for conducting elections by mail.
- 11-103 Public notice of mailing.
- 11-104 Ballot instructions; ballot return.
- 11-105 Replacement ballots.
- 11-106 Deficient return identification envelopes.
- 11-107 Electronic transmission under certain circumstances.
- 11-108 Counting of mail-in ballots; validity; ballots included in recounts; certification of final tabulation.
- 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 voter, after casting the ballot. For the purposes of this section, "cast" means that the voter has: (1) Returned the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner permitted pursuant to section 11-104(c); or (2) Completed voting in person at a voter service center. [L 2023, c 113, §2]
- 11-109 Voter service centers; places of deposit.
- 11-110 Election expenses and responsibilities for elections by mail.
- 11-111 Official and facsimile ballots.
- 11-112 Contents of ballot.
- 11-113 Presidential ballots.
- 11-114 Order of offices on ballot.
- 11-115 Arrangement of names on the ballot.
- 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 to be printed on the ballot is used, including but not limited to use on the office of elections and campaign spending commission websites, on voter information materials provided by the office of elections and campaign spending commission, and at the request of any registered voter; provided that when the candidate requests a name on the ballot that is different than the candidate's legal name, the candidate's legal name shall not be included on the ballot. [L 2023, c 117, §1]
- 11-116 Checking ballot form by candidates and parties.
- 11-117 Withdrawal of candidates; disqualification; death; notice.
- 11-118 Vacancies; new candidates; insertion of names on ballots.
- 11-118.5 Constitutional amendments, proposed; attorney general statement.
- 11-119 Printing; quantity.
- 11-120 REPEALED.
- 11-121 Ballot images.
- 11-122 Digital voter information guide.
- 11-131 Voter service center hours.
- 11-132 Two hundred foot radius.
- 11-133 to 11-136 REPEALED.
- 11-137 Secrecy; removal or exhibition of ballot.
- 11-138 Time allowed voters.
- 11-139 Voting assistance.
- 11-140 Spoiled ballots.
- 11-151 Vote count.
- 11-152 Method of counting.
- 11-153 More or fewer ballots than recorded.
- 11-154 Records, etc.; disposition.
- 11-155 Certification of results of election.
- 11-156 Certificate of election and certificate of results, form.
- 11-157 In case of tie.
- 11-158 Mandatory recount of votes.
- 11-171 Applicability of this part.
- 11-172 Contests for cause; generally.
- 11-173 REPEALED.
- 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.
- 11-174 REPEALED.
- 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 voter service center 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 th
- 11-175 Powers of supreme court; costs.
- 11-176 REPEALED.
A. Election Expenses
- 11-181 REPEALED.
- 11-182 Election expenses when no county elections.
- 11-183 Election expenses when no state elections.
- 11-184 REPEALED.
and Expenditures--Repealed
- 11-191 to 11-213 OLD REPEALED. § §11-191 to 11-225 REPEALED.
- 11-226 REPEALED.
- 11-227 to 11-229 REPEALED.
A. General Provisions B. Campaign Spending Commission
- 11-311 Campaign spending commission established; composition.
- 11-312 Terms of office.
- 11-313 No compensation.
- 11-314 Duties of the commission.
- 11-315 Advisory opinions.
- 11-316 Political activities prohibited.
- 11-317 Exemptions.
- 11-321 Registration of candidate committee or noncandidate committee.
- 11-322 Organizational report, candidate committee.
- 11-323 Organizational report, noncandidate committee.
- 11-324 Treasurer.
- 11-325 When an individual may not serve as a committee officer.
- 11-326 Termination of candidate committee's or noncandidate committee's registration.
- 11-327 Ballot issue committee; contributions and expenditures.
- 11-331 Filing of reports, generally.
- 11-332 REPEALED.
- 11-333 Candidate committee reports.
- 11-334 Time for candidate committee to file preliminary, final, and supplemental reports.
- 11-335 Noncandidate committee reports.
- 11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.
- 11-337 Reporting expenditures.
- 11-338 Late contributions; late expenditures; report.
- 11-339 Candidate committees or noncandidate committees receiving and expending $1,000 or less in an election period.
- 11-340 Failure to file report; filing a substantially defective or deficient report.
- 11-341 Electioneering communications; statement of information.
- 11-342 Fundraiser; fundraiser event; notice of intent; when prohibited.
- 11-343 Reporting deadline.
- 11-344 Sale or use of information.
- 11-345 Donors; consent; notice.
- 11-351 Contributions, generally.
- 11-352 False name contributions prohibited.
- 11-353 Anonymous contributions prohibited.
- 11-354 Fundraising on state or county property prohibited.
- 11-355 Contributions by state and county contractors prohibited.
- 11-356 Contributions by foreign national or foreign corporation prohibited.
- 11-357 Contributions to candidate committees; limits.
- 11-358 Contributions to noncandidate committees; limits.
- 11-359 Family contributions.
- 11-360 Contributions to a party.
- 11-361 Aggregation of contributions and expenditures.
- 11-362 Contributions limited from nonresident persons.
- 11-363 Other contributions and expenditures.
- 11-364 Excess contribution; return; escheat.
- 11-365 Contributions and expenditures by lobbyists prohibited during legislative session.
- 11-371 Loan to candidate committee.
- 11-372 Reporting loan; written loan agreement.
- 11-373 Noncandidate committee loan prohibited.
- 11-381 Campaign funds only used for certain purposes.
- 11-382 Prohibited uses of campaign funds.
- 11-383 Exceptions.
- 11-384 Disposition of campaign funds; termination of registration.
- 11-391 Advertisements.
- 11-392 House bulletins.
- 11-393 Identification of certain top contributors to noncandidate committees making only independent expenditures.
- 11-401 Subpoena powers.
- 11-402 Filing of complaint.
- 11-403 Notice of complaint; opportunity to explain or respond to complaint; failure to explain or respond to complaint.
- 11-404 Initial determination by the commission.
- 11-405 Preliminary determination regarding probable cause.
- 11-406 Waiver of further proceedings.
- 11-407 Contested case hearing.
- 11-408 Dismissal.
- 11-409 Final determination of violation; order.
- 11-410 Administrative fines; relief.
- 11-411 Criminal referral.
- 11-412 Criminal prosecution.
- 11-421 Hawaii election campaign fund; creation.
- 11-422 Depletion of fund.
- 11-423 Voluntary expenditure limits; filing affidavit.
- 11-424 REPEALED.
- 11-425 Maximum amount of public funds available to candidate.
- 11-426 Candidate exceeds voluntary expenditure limit.
- 11-427 Reserving use of contributions.
- 11-428 Eligibility requirements for public funds.
- 11-429 Minimum qualifying contribution amounts; qualifying contribution statement.
- 11-430 Application for public funds.
- 11-431 Payment to candidate.
- 11-432 Use of public funds.
- 11-433 Post-election report required.
- 11-434 Post-election examination and audit; return of funds.
- 11-435 Report and recommendation.
Case Notes
Discussed: 133 H. 229 (App.), 325 P.3d 641 (2014).
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