Hawaii Seal Hawaii Revised Statutes

Chapter 11

Elections, Generally

TITLE 2. ELECTIONS

Chapter

11 Elections, Generally

12 Primary Elections

13 Board of Education–Repealed

13D Board of Trustees, Office of Hawaiian Affairs

14 Presidential Elections

14D Agreement among the States to Elect the President

by National Popular Vote

15 Absentee Voting

15A Voting by Mailing Ballot–Repealed

15D Uniform Military and Overseas Voters Act

16 Voting Systems

16A Uniform Act for Voting by New Residents in Presidential

Elections–Repealed

17 Vacancies

18 Districting–Repealed

19 Election Offense

CHAPTER 11 [OLD]

VOTER REGISTRATION

REPEALED. L 1970, c 26, §3.

CHAPTER 11

ELECTIONS, GENERALLY

Part I. General Provisions

Section

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11-2.5 to 2.7 Repealed

11-3 Application of chapter

11-4 Rules and regulations

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

Part II. Registration

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11-14.6 Repealed

11-15 Application to register

11-15.2 Late registration

11-15.3 Application to register electronically

11-15.5 Duties of all state agencies; voter 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

Part III. Boards of Registration

11-41 Boards of registration, appointment, tenure

11-42 Compensation

11-43 Powers; procedures

11-44 Records of proceedings

Part IV. Appeal from Board of Registration

11-51 Appeal from board

11-52 Hearing; decision final

11-53 Decision, notice; action on

11-54 Status pending appeal

Part V. Parties

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

Part VI. Precinct Officials and Watchers

11-71 Precinct officials; precinct requirements

11-72 Precinct officials; submission of names and

assignment; vacancies

11-73 Instruction of precinct officials

11-74 Meetings of precinct officials; procedure; oaths

11-75 Duties of precinct officials

11-76 Compensation

11-77 Appointment of watchers; service

Part VII. Conduct of Elections

11-91 Proclamation

11-91.5 Federal, state, and county elections by mail

11-92 Repealed

11-92.1 Election proclamation; establishment of a new

precinct

11-92.2 Multiple polling place sites

11-92.3 Consolidated precincts; natural disasters;

postponement; absentee voting required; special

elections

11-93 Voting units

11-94 Exemptions of voters on election day

11-95 Employees entitled to leave on election day for

voting

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

Part VIII. Ballots

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

11-116 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

11-119 Printing; quantity

11-120 Distribution of ballots; record

11-121 Ballot images

Part IX. Voting Procedures

11-131 Hours of voting

11-132 Two hundred foot radius; admission within polling

place

11-133 Voting booths; placement of visual aids

11-134 Ballot transport containers; ballot boxes

11-135 Early collection of ballots

11-136 Poll book, identification, voting

11-137 Secrecy; removal or exhibition of ballot

11-138 Time allowed voters

11-139 Voting assistance

11-140 Spoiled ballots

Part X. Vote Disposition

11-151 Vote count

11-152 Method of counting

11-153 More or less 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

Part XI. Election Contests

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

11-175 Powers of supreme court; costs

11-176 Repealed

Part XII. Expenses

A. Election Expenses

11-181 Capital equipment

11-182 Election expenses when no county elections

11-183 Election expenses when no state elections

11-184 Election expenses and responsibilities in combined

state and county elections

B. Election Campaign Contributions and

Expenditures–Repealed

11-191 to 229 Repealed

Part XIII. Campaign Finance

A. General Provisions

11-301 Purpose

11-302 Definitions

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

C. Registration

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

D. Reporting and Filing with the Commission

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 Final election period report for candidate committee

or noncandidate committee receiving and expending

$1,000 or less during the 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; notice of intent

11-343 Reporting deadline

11-344 Sale or use of information

E. Contributions; Prohibitions; Limits

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

F. Loans

11-371 Loan to candidate committee

11-372 Reporting loan; written loan agreement

11-373 Noncandidate committee loan prohibited

G. Expenditures

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

H. Advertisements

11-391 Advertisements

11-392 House bulletins

11-393 Identification of certain top contributors to

noncandidate committees making only independent

expenditures

I. Enforcement

11-401 Subpoena powers

11-402 Filing of complaint

11-403 Notice of complaint; opportunity 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

J. Partial Public Financing

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

Note

L 2011, c 142, §4 provides:

“SECTION 4. The office of elections shall continue to use its existing voter registration application forms where possible until such time as new forms are developed and printed by the office of elections to implement this Act [amending sections 11-15, 11-16, and 15-4].”