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chapter-11•Hawaii Revised Statutes, Chapter 11 — VOTER REGISTRATION REPEALED. L 1970, c 26, §3. CHAPTER 11 ELECTIONS, GENERALLY
chapter-11Haw. Rev. Stat. ch. 11CodeJan 1, 1970
Division 1. Government — Title 2. Elections
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
Whenever used in this title, the words and phrases in this title shall, unless the same is inconsistent with the context, be construed as follows:
"Ballot" means a ballot, including an absentee ballot, that is a written or printed, or partly written and partly printed paper or papers containing the names of persons to be voted for, the office to be filled, and the questions or issues to be voted on. "Ballot" includes:
(1) A ballot summary reflecting a complete record of the ballot selections made by a voter utilizing an HTML ballot or similar accessible ballot that produces a ballot summary;
(2) A voter verifiable paper audit trail in the event there is a discrepancy between a voting machine's electronic record of the voted ballot and the voter verifiable paper audit trail; and
(3) A ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. A ballot may consist of one or more cards or pieces of paper, or one face of a card or piece of paper, or a portion of the face of a card or piece of paper, depending on the number of offices, candidates to be elected thereto, questions or issues to be voted on, and the voting system in use.
"Ballot summary" means a complete record of ballot selections that is verified by the voter.
"Business day" means any day excluding Saturdays, Sundays, and state or federal holidays.
"Chief election officer", the individual appointed by the elections commission pursuant to section 11-1.6 to supervise state elections.
"Clerk", the county clerks of the respective counties.
"Closing hour of voting" means 7:00 p.m. Hawaii Standard Time on election day.
"County", the counties of Hawaii, Maui, Kauai, and the city and county of Honolulu, as the context may require. For the purposes of this title, the county of Kalawao shall be deemed to be included in the county of Maui.
"District" means, unless otherwise specified, the district of political representation associated with a state representative.
"Election", all elections, primary, special primary, general, special general, special, or county, unless otherwise specifically stated.
"Election officials" means persons designated as officials by the chief election officer.
"Electronic transmission" means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot.
"Hawaiian", any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter have continued to reside in Hawaii.
"Office", an elective public office.
"Place of deposit" means a site within the county of the voter's registration address designated pursuant to section 11-109 for the purpose of receiving return identification envelopes in an election conducted by mail pursuant to part VIIA.
"Political party" or "party", a political party qualified under part V of this chapter.
"Precinct" means the smallest political subdivision established by law.
"Primary", a preliminary election in which the voters nominate candidates for office as provided for in chapter 12.
"Provisional ballot" means a ballot and any accompanying materials issued to a voter that are segregated for review and subsequent determination of validity, in accordance with eligibility criteria and other requirements of law.
"Runoff election" means any single election required by county charters preceded by an election that failed to elect a candidate.
"Service bureau" means a firm registered to do business in the State and whose principal business is furnishing data processing services.
"Special election", any single election required by law when not preceded by an election to nominate those candidates whose names appear on the special election ballot.
"Special primary election" and "special general election", elections held only (a) whenever any vacancy occurs in the offices of United States senator, United States representative, state senator, or state representative because of failure to elect a person at an uncontested general election or (b) as specified in county charters.
"Voter", any person duly registered to vote.
"Voter service center" means a location within the county of the voter's registration address established pursuant to section 11-109 to serve all of the following purposes:
(1) Receive return envelopes for absentee ballots pursuant to chapter 15;
(2) Receive return identification envelopes in an election by mail conducted pursuant to part VIIA;
(3) Provide voting machine services for persons with disabilities pursuant to the Help America Vote Act of 2002, P.L. 107-252, as amended, and any other federal or state law relating to persons with disabilities;
(4) Provide any other voting services as provided by law; and
(5) Any other purposes the chief election officer or clerk may deem necessary if a natural disaster or other exigent circumstance occurs before an election.
"Voter turnout", means the total number of voters at an election as determined by the number of ballot cards tabulated by the computer or of paper ballots counted by the precinct officials. When there is more than one ballot card issued to each voter, "voter turnout" means the total count of the alpha ballot card with the highest number of cards tabulated by the computer. Ballots that are blank or ballots that are rejected for any reason shall be included in the count of the total number of voters.
"Voting system" means the use of paper ballots, electronic transmission, voting machines, elections by mail pursuant to part VIIA, absentee voting pursuant to chapter 15, or any system by which votes are cast and counted.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(a); am L 1979, c 196, §3; am L 1980, c 264, §1(a); am L 1987, c 232, §1; am L 1990, c 156, §4; am L Sp 1995, c 27, §§3, 15; am L 1996, c 239, §1; am L 1998, c 22, §1; am L 1999, c 141, §§3, 4; am L 2004, c 57, §7; am L 2019, c 136, §4; am L 2021, c 213, §4]
(a) There is established an office of elections to provide support to the chief election officer. The office shall be placed within the department of accounting and general services for administrative purposes. The chief election officer shall be the administrator of the office of elections. Except for exercising the right to vote, the full-time employees of the office of elections shall not support, advocate, or aid in the election or defeat of any candidate for public office.
(b) The office of elections shall provide staff support to the elections commission, as requested by the elections commission.
[L Sp 1995, c 27, pt of §2, §15; am L 1999, c 141, §§3, 5; am L 2003, c 117, §2; am L 2004, c 57, §8]
[ §11-1.52] Electronic Registration Information Center, Inc.; membership; voter registration; verification; annual budget request. (a) No later than June 30, 2025, the office of elections shall file an application with Electronic Registration Information Center, Inc., for the State's admission as a member of that organization.
(b) The office of elections shall share with each county the information and services made available by Electronic Registration Information Center, Inc., pursuant to the terms and conditions of the State's membership agreement with the organization. The office of elections and each county office that administers elections shall use information and services made available by Electronic Registration Information Center, Inc., to verify their respective voter registration rolls.
(c) The office of elections shall take necessary actions to maintain the State's membership with Electronic Registration Information Center, Inc.
(d) Beginning with fiscal year 2025-2026 and each fiscal year thereafter, the office of elections shall request as part of its annual budget an appropriation from the legislature to pay the State's annual membership dues to Electronic Registration Information Center, Inc.
[L 2024, c 190, §2]
The office of elections shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the office of elections without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.
The office of elections shall follow all applicable personnel laws.
[L 2004, c 57, §2]
(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 consent of the senate. In the event of a vacancy, the elections commission shall meet expeditiously to select and appoint a new chief election officer to serve the remainder of the unexpired term.
(b) The person appointed to be chief election officer shall be a citizen of the United States, a resident of the State, and a registered voter of the State.
(c) The chief election officer shall serve for a term of four years. The term shall begin on February 1 following the appointment.
(d) The chief election officer shall devote full time to the duties of the office and shall hold no other public office during the individual's term of office. Except for exercising the right to vote, the individual shall not support, advocate, or aid in the election or defeat of any candidate for public office. The chief election officer shall refrain from financial and business dealings that tend to reflect adversely on the individual's impartiality, interfere with the proper performance of election duties, or exploit the individual's position. Subject to the requirements above, the individual may hold and manage investments, including real estate, and engage in other remunerative activity, but shall not serve as an officer, director, manager, advisor, or employee of any business.
(e) The chief election officer shall be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development.
(f) The chief election officer may petition the elections commission for reappointment. The elections commission may reappoint an incumbent chief election officer based on the performance of the chief election officer. The elections commission may authorize the chief election officer to hold office until a successor is appointed.
(g) The chief election officer is an at-will employee. The elections commission shall provide written notification of any removal and state the reason for the removal.
[L Sp 1995, c 27, pt of §2, §15; am L 1999, c 141, §§3, 6; am L 2000, c 253, §150; am L 2002, c 16, §1; am L 2003, c 117, §1; am L 2004, c 57, §9; am L 2005, c 226, §2; am L 2015, c 173, §1]
(a) The chief election officer shall supervise all state elections. The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county or to other specified persons.
(b) The chief election officer shall be responsible for the maximization of registration of eligible electors throughout the State. In maximizing registration, the chief election officer shall make an effort to equalize registration between districts, with particular effort in those districts in which the chief election officer determines registration is lower than desirable. The chief election officer, in carrying out this function, may make surveys, carry on house-to-house canvassing, and assist or direct the clerk in any other area of registration.
(c) The chief election officer shall maintain data concerning registered voters, elections, apportionment, and districting. The chief election officer shall use this data to assist the reapportionment commission provided for under Article IV of the Constitution.
(d) The chief election officer shall be responsible for public education with respect to voter registration and information.
(e) The chief election officer shall adopt rules governing elections in accordance with chapter 91.
[L 1970, c 26, pt of §2; am L 1979, c 51, §5; gen ch 1985; am L 1990, c 116, §2; am L Sp 1995, c 27, §§4, 15; am L 1996, c 173, §§2, 3, 8; am L 1997, c 2, §17; am L 1999, c 141, §3; am L 2003, c 8, §2]
L 2004, c 57, §§10 to 12.
Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever an election officer is required to issue a public notice in a statewide or county publication, the publication requirement shall be deemed satisfied upon the submission of the notice to the publication; provided that the notice is also conspicuously posted on the website associated with the election officer. The inadvertent failure of a publication to publish a notice in a timely manner shall not invalidate any legal consequences or actions associated with the notice.
[L 2018, c 62, §1]
§ 11‑3 Application of chapter. This chapter shall apply to all elections, primary, special primary, general, special general, special, or county, held in the State, under all voting systems used within the State, so far as applicable and not inconsistent herewith.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(b)]
The chief election officer may make, amend, and repeal rules governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar matters relating thereto as in the chief election officer's judgment shall be necessary to carry out this title.
In making, amending, and repealing rules for voters who cannot vote in person or receive or return ballots by mail, and all other voters, the chief election officer shall provide for voting by these persons in a manner that ensures secrecy of the ballot and precludes tampering with the ballots of these voters and other election frauds. The rules, when adopted in conformity with chapter 91 and upon approval by the governor, shall have the force and effect of law.
[L 1970, c 26, pt of §2; gen ch 1985; am L 2019, c 136, §5]
(a) Pursuant to section 11-1.55, the chief election officer may employ a staff with or without regard to chapter 76 at the discretion of the chief election officer, and without regard to chapter 89 and section 28-8.3. The office of elections staff may:
(1) Supervise state elections;
(2) Maximize registration of eligible voters throughout the State;
(3) Maintain data concerning registered voters, elections, apportionment, and districting; and
(4) Perform other duties as prescribed by law.
The chief election officer or county clerk may employ precinct officials and other election employees as the chief election officer or county clerk may find necessary, none of whom shall be subject to chapters 76 and 89.
(b) Notwithstanding chapters 103 and 103D, the chief election officer may contract with community organizations, school booster clubs, and nonprofit organizations for the provision and compensation of precinct officials and other election related personnel, services, and activities; provided that to be eligible to enter into a contract, the organization or club shall have received a tax clearance certificate from the department of taxation and shall not be a political action committee or organized for a political purpose.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(c); am L 1977, c 199, §2; gen ch 1985; am L 1995, c 71, §1; am L Sp 1995, c 27, §§5, 15; am L 1999, c 141, §3; am L 2000, c 253, §150; am L 2004, c 57, §3; am L 2005, c 201, §1 and c 202, §2]
Wherever in this chapter the signatures of registered voters are required on a petition, any voter who, after signing a petition, seeks to withdraw the voter's signature may do so by providing notice in writing to the chief election officer any time before the filing of the petition. The notice shall include the voter's name, residence address, the month and date portions of the voter's date of birth, the voter's signature, and a statement that the voter wishes to remove the voter's signature from the petition; provided that the written notice shall not require the voter's social security number or any portion thereof and the year portion of the voter's date of birth. Upon receipt of that notice containing the information required by this section, the chief election officer shall notify the group or individual to whom the petition was issued and the signature of the individual shall not be counted.
[L 1993, c 304, §1; am L 2022, c 164, §1]
(a)There is established an elections commission within the department of accounting and general services for administrative purposes. The elections commission shall consist of nine members who shall be selected as follows:
(1) The president of the senate shall select two elections commission members;
(2) The speaker of the house of representatives shall select two elections commission members;
(3) The senators belonging to a party or parties different from the president of the senate shall designate one senator to select two elections commission members;
(4) The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate one representative to select two elections commission members; and
(5) One member, who shall serve as chairperson of the elections commission, shall be selected by the members of the elections commission selected pursuant to paragraphs (1) to (4);
provided that each group of four elections commission members selected by each house shall include one elections commission member from each of the four counties.
(b) The chairperson of the elections commission under subsection (a)(5) shall be selected by a two-thirds vote.
(c) A vacancy in the elections commission shall be filled in the same manner as the original appointment as specified in subsection (a) within fifteen days. A vacancy in the elections commission shall be filled with a person from the same county as the departing elections commission member. Elections commission member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.
(d) The elections commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.
(e) Notwithstanding section 26-34, elections commission member appointments shall not be subject to senatorial confirmation.
(f) The term of the elections commissioners shall be four years, except that with respect to the terms of the initial elections commission members, one member selected from each of subsection (a)(1) to (4) shall serve for a term of two years.
(g) The elections commissioners shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.
[L 2004, c 57, pt of §6]
The duties of the elections commission are to:
(1) Hold public hearings;
(2) Investigate and hold hearings for receiving evidence of any violations and complaints;
(3) Adopt rules pursuant to chapter 91;
(4) Employ, without regard to chapter 76, a full-time chief election officer, pursuant to section 11-1.6;
(5) Conduct a performance evaluation of the chief election officer within two months after the date a general election is certified;
(6) Hold a public hearing on the performance of the chief election officer and consider the information gathered at the hearing in deliberations on the chief election officer's reappointment; and
(7) Advise the chief election officer on matters relating to elections.
[L 2004, c 57, pt of §6; am L 2015, c 173, §2]
(a) No elections commission member shall take an active part in political management or in political campaigns.
(b) Each elections commission member shall retain the right to:
(1) Register and vote as the elections commission member chooses in any election;
(2) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(3) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;
(4) Make a financial contribution to a political party or organization;
(5) Serve as an election judge or clerk or in a similar position to perform nonpartisan election duties, as prescribed by law; and
(6) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the elections commission member's efficiency or integrity as an elections commission member or the neutrality, efficiency, or integrity of the elections commission.
(c) An elections commission member may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics or this section.
[L 2004, c 57, pt of §6]
The elections commission shall develop and implement an elections review program to:
(1) Review the operation and performance of elections;
(2) Make recommendations to the chief election officer on methods to improve elections;
(3) Establish policies for the administration of an elections observer program, to include ensuring the validity and reliability of election results;
(4) Conduct a biennial evaluation of the operation of elections;
(5) Submit the findings and recommendations from the biennial evaluation to the legislature, not less than twenty days prior to the convening of each regular session held in odd-numbered years; and
(6) Adopt rules in accordance with chapter 91 to carry out the purposes of this section.
[L 2004, c 57, pt of §6]
The elections commission shall be exempt from section [26-35(a)(1), (4), and (5)] and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the elections commission without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.
The elections commission shall follow all applicable personnel laws.
[L 2004, c 57, pt of §6]
(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 any state-administered program or paid for with state, county or federal revenues, from the time the candidate files nomination papers until the day after the day of:
(1) The primary election, in the case of a candidate in a primary election who fails to be nominated to stand in a general election; or
(2) The general election, in the case of a candidate who is nominated in a primary election and seeks election in a general election.
(b) A candidate who holds public office shall be exempt from the prohibition specified in subsection (a) if the announcement or advertisement is in anticipation of or in response to a disaster or state or national emergency; provided that the announcement or advertisement is reasonably necessary for an official function of the candidate.
(c) This section shall not be construed to prohibit a candidate from appearing in a broadcast of official state, county, or federal proceedings.
[L 2007, c 54, §1]
(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 independent access to voter registration, casting of ballots, and all other office of elections services.
(b) The advisory committee shall consist of five members appointed by the governor based on recommendations from organizations within the State that are comprised of a majority of officers and members who are persons with disabilities including visual impairment. Each member shall identify as a voter with accessibility needs arising from disabilities including visual and hearing impairments that require an accommodation to vote. The terms of advisory committee members shall be four years; provided that initial terms shall be one, two, three, or four years to ensure staggered rotation of members.
(c) The advisory committee shall meet at least annually to review election procedures, services, and technology and access to information, and shall make recommendations to the office of elections on at least an annual basis. The advisory committee may meet and subsequently make recommendations at additional times as determined by a majority of the members.
[L 2021, c 213, pt of §2; am L 2023, c 14, §1]
(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 ballots, and all other county elections division services.
(b) Each advisory committee shall consist of five members appointed by the mayor of each respective county based on recommendations from organizations within the county that are comprised of a majority of officers and members who are persons with disabilities including visual impairment. Each member shall identify as a voter with accessibility needs arising from disabilities including visual and hearing impairments which require an accommodation to vote. The terms of advisory committee members shall be four years; provided that initial terms shall be one, two, three, or four years to ensure staggered rotation of members.
(c) Each advisory committee shall meet at least annually to review election procedures, services, and technology and access to information, and shall make recommendations to the office of elections on at least an annual basis. The advisory committees may meet and subsequently make recommendations at additional times as determined by a majority of the members.
[L 2021, c 213, pt of §2; am L 2023, c 14, §2]
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 registration in the respective counties and the keeping of the general register and precinct lists within the county.
[L 1970, c 26, pt of §2; am L 1976, c 106, §1(1); gen ch 1985]
(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 then be listed upon the appropriate county general register and precinct list. No person shall register or vote in any other precinct than that in which the person resides except as provided in section 11-21.
(b) A person who is otherwise qualified to register and is at least sixteen years of age but will not be eighteen years of age by the date of the next election may preregister upon satisfactory proof of age and shall be automatically registered upon reaching age eighteen.
[L 1970, c 26, pt of §2; am L 1972, c 77, §1; am L 1973, c 217, §1(d); am L 1976, c 106, §1(2); am L 1980, c 264, §1(b); gen ch 1985; am L 1993, c 24, §1]
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 purposes only:
(1) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is absent, the person has the intention to return;
(2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person's permanent dwelling place within such precinct;
(3) If a person resides with the person's family in one place, and does business in another, the former is the person's place of residence; but any person having a family, who establishes the person's dwelling place other than with the person's family, with the intention of remaining there shall be considered a resident where the person has established such dwelling place;
(4) The mere intention to acquire a new residence without physical presence at such place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish such place as the person's residence;
(5) A person does not gain or lose a residence solely by reason of the person's presence or absence while employed in the service of the United States or of this State, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in a prison;
(6) No member of the armed forces of the United States, the member's spouse or the member's dependent is a resident of this State solely by reason of being stationed in the State;
(7) A person loses the person's residence in this State if the person votes in an election held in another state by absentee ballot or in person.
In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter.
[L 1970, c 26, pt of §2; am L 1975, c 36, §1(1); am L 1977, c 189, §1(1); gen ch 1985]
(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 pursuant to section 11‑14.5. Additional information required by section 11-15 may be included in the register at the discretion of the clerk. The general county register shall be available for election or government purposes only in accordance with section 11-97.
(b) The affidavits filed under section 11-15 and the general county register may be copied, and the clerk may release voter lists or data; provided that information furnished in the affidavits shall be copied or released for election or government purposes only in accordance with section 11-97.
(c) Voter registration information that is collected and maintained by the clerk of each county may be transmitted to a central file for the purpose of correlating registration data to prevent or detect duplicate voter registrations and for the compilation of election reports.
(d) Unless authorized under section 11-97, it shall be unlawful for any person to use, print, publish, or distribute any voter registration information acquired directly or indirectly from the voter registration affidavits or any list prepared therefrom. Any person who is designated by the clerk to register voters and collect voter registration affidavits shall be advised of the provisions of this subsection. Any person who violates this subsection shall be guilty of a misdemeanor.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(e); am L 1976, c 106, §1(3); am L 1977, c 189, §1(2); am L 1979, c 139, §2; am L 1982, c 226, §2; gen ch 1985; am L 1990, c 156, §5; am L 1998, c 23, §1; am L 2005, c 201, §2; am L 2012, c 225, §2]
(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 apply to the county clerk in writing to keep confidential the information relating to the residence address and telephone number contained in the affidavit of registration of that person, or any list or register prepared therefrom.
(b) If the disclosure of the residence address or telephone number of a person would result in an unwarranted invasion of personal privacy or expose the person or a member of the person's family to risk of bodily harm, the person may apply to the chief election officer or county clerk to keep confidential the person's residence address and telephone number contained in the person's affidavit of registration, or any list or register prepared therefrom.
(c) Upon good cause shown, the clerk shall determine whether to grant confidentiality in accordance with rules established by the chief election officer, and that decision shall be final.
(d) If the voter registration of a person covered by this section is challenged, the clerk shall release the residence address of that person to the challenger pursuant to rules established by the chief election officer. If an appeal is taken relating to the challenge, the residence address shall also be released to the appropriate appellate body.
[L 1990, c 156, §2; am L 1997, c 157, §1]
[Repealed]
[L 1997, c 157, §3]
(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's license number or Hawaii state identification card number; provided that:
(A) If no driver's license or identification card has been issued to the applicant, the last four digits of the applicant's social security number; and
(B) If no social security number has been issued to the applicant, an election official or county clerk shall assign the applicant a unique identification number for voter registration purposes and enroll the applicant in the State's computerized voter registration list, if any;
(3) Date of birth;
(4) Residence, including mailing address;
(5) That the residence stated in the affidavit is not simply because of the person's presence in the State, but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein;
(6) That the person is a citizen; and
(7) A statement, if the applicant is unable to read standard print due to disability, acknowledging that fact and requesting an electronic ballot be sent to the applicant's email address.
(b) The applicant shall swear to the truth of the allegations by self-subscribing affirmation in the affidavit on application for voter registration or other form prescribed by the chief election officer. Unless contested by a qualified voter, the clerk may accept, as prima facie evidence, the allegation of the applicant in information required in the affidavit in subsection (a)(5). In any other case where the clerk shall so desire or believe the same to be expedient, the clerk may demand that the applicant furnish substantiating evidence to the allegations of the applicant's application.
(c) The applicant shall then affix the applicant's signature to the affidavit. In the case where an applicant is unable to write for the reason of illiteracy, blindness, or other physical disability, the applicant's mark shall be witnessed by another person who shall sign the affidavit in the space provided. A voter having once been registered shall not be required to register again for any succeeding election, except as provided in this chapter. Affidavits approved by the clerk shall thereupon be numbered appropriately, filed by the clerk, and kept available for election or government purposes in accordance with procedures established by section 11-97. Approved voter registration transactions conducted through the online voter registration system established pursuant to section 11-15.3 shall be assigned a transaction number in a manner that is substantially similar to the numbering of affidavits.
(d) The clerk may designate a subordinate or subordinates to act in the clerk's place in all matters covered by this section, except that no candidate shall be eligible to serve as a subordinate.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(f); am L 1974, c 34, §1(a); am L 1976, c 106, §1(4); am L 1979, c 196, §4; am L 1981, c 107, §1 and c 195, §1; gen ch 1985; am L 1989, c 111, §1; am L 1990, c 45, §§2, 3 and c 156, §6; am L 1998, c 23, §2; am L 2011, c 142, §1; am L 2012, c 225, §3; am L 2016, c 167, §2; am L 2021, c 213, §5]
(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]
(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 electronically in lieu of a traditional signed application by mail or in person.
(b) The electronic application to register to vote shall be substantially similar in content to the application to register pursuant to section 11-15, and shall require the applicant to provide substantially similar information.
(c) The applicant's use of the electronic application to register shall constitute consent for election officials to obtain confirmatory information regarding the applicant from government databases associated with government-issued identification, including the applicant's signature.
(d) The applicant's signature obtained from the government database may be utilized by election officials to validate and confirm a voter's identity in any election-related matter in which a signature is necessary.
(e) The online application system may require additional information from applicants, such as security questions to authenticate any future voter registration transactions by the applicant.
[L 2012, c 225, §1]
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. The application shall be available by mail or in person depending on the manner in which the agency's services are requested by the person. The form of the application may be identical to that described and found in public telephone directories.
[L 1993, c 100, §1]
(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 identification card or driver's license shall not be processed until the applicant completes the portion of the application related to voter registration and indicates the applicant's choice of whether to register to vote. If already registered to vote, the applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.
The submission of the application for the issuance of an identification card under section 286-303 or the application for a driver's license under section 286-111 shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the applicant as a voter if the applicant made such a choice or to make changes to the applicant's voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the applicant resides, election officials, and the online voter registration system pursuant to subsection (c).
The examiner of drivers shall not transmit any information necessary to register an applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the applicant's voter registration information if the applicant declined such changes. The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information if the applicant presents a document demonstrating a lack of United States citizenship.
(b) Upon receipt of the completed voter registration application or changes to the applicant's voter registration information transmitted from the examiner of drivers, the clerk shall review and either approve or reject the voter registration application in accordance with this part; provided that approved voter registration applications received from the examiner of drivers pursuant to this section shall be treated as having a valid signature for purposes of section 11‑15(c), whether transmitted electronically or by facsimile transmission. Upon the clerk's approval of the voter registration application or any changes to the voter registration information, the clerk shall proceed to number the application and register the name of the voter in the general county register as provided in section 11‑14 or make approved changes to the voter's existing voter registration information as applicable.
(c) Databases maintained or operated by the counties or the department of transportation containing driver's license or identification card information, including any documents or images, shall be accessible and provided electronically to election officials and the online voter registration system to allow for the timely processing of voter applications, ensure the integrity of the voter registration polls, and for any other voter registration or election purposes, as determined by the director of transportation.
[L 2021, c 126, §1]
(a) Any qualified person unable for any cause to appear in person before the clerk for registration may register to vote by mail, not later than ten days prior to a primary or general election, through the affidavit on application for voter registration or other form prescribed by the chief election officer. The form shall include a self-subscribing oath for the applicant to swear to the truth of the allegations in the application. An applicant unable to write for reason of illiteracy, blindness, or other physical disability shall have the applicant's mark witnessed by a person who shall sign the affidavit in the space provided. Application forms shall be made available to any qualified person through community groups, political parties, and other groups prescribed by the chief election officer. Application forms shall be made available to any qualified person at the time of that person's driver's license application or renewal through the examiner of drivers.
(b) Upon receipt of the properly executed application, the clerk shall proceed to number the same and register the name of the voter in the general county register as provided in section 11-15. In registering persons under this section the clerk may accept requests for absentee ballot submitted in accordance with the Federal Voting Assistance Act of 1955 or other similar federal law as being sufficient for registration purposes.
[L 1970, c 26, pt of §2; gen ch 1985; am L 1990, c 45, §4; am L 2011, c 142, §2; am L 2025, c 6, §1]
(a) The clerk, after every general election, shall remove the names of registered voters who were identified as having an outdated or undeliverable address who did not vote in all elections held during the two previous federal election cycles with the exception of anyone who preregistered pursuant to section 11-12(b). For this purpose, "vote" means the depositing of the ballot in the ballot box regardless of whether the ballot is blank or later rejected for any reason. In the case of voting machines, "vote" means the voter has activated the proper mechanism and fed the ballot into the machine. In the case of an election by mail pursuant to part VIIA, "vote" means the voter has returned the ballot to the chief election officer or clerk by the United States Postal Service, by personal delivery of the ballot to a place of deposit or voter service center, or by electronic transmission under certain circumstances pursuant to part VIIA.
(b) Before removal as noted in subsection (a), the clerk shall identify registered voter names from a postal database containing outdated or undeliverable addresses or by mailing a notice or other correspondence, properly addressed, and receiving a postal notation that the notice or other correspondence was not deliverable.
(c) Upon identification of names of registered voters as prescribed in subsection (b), the clerk shall conduct any notification mailings as required by applicable federal law.
(d) The clerk may also remove the name of any registered voter, if the voter so desires and properly notifies the clerk pursuant to the procedures established by the chief election officer.
(e) Any person whose name has been removed from the register may have that person's name restored in the register by presenting oneself to the clerk and reregistering pursuant to section 11-15, or by making application by mail or otherwise pursuant to procedures established by the clerk. The clerk shall require satisfactory evidence to establish the identity of the applicant. The names of all those persons shall be reentered in the register.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(g); am L 1975, c 36, §1(3); am L 1976, c 106, §1(5); am L 1981, c 195, §2; am L 1982, c 226, §1; am L 1983, c 124, §1; am L 1987, c 273, §1; am L 1990, c 45, §5 and c 134, §2; am L 1993, c 24, §2; am L 1994, c 119, §1; am L 2019, c 136, §7; am L 2021, c 213, §7]
A registered voter who changes residence from one precinct to another prior to any election shall notify the clerk and change the registration to the proper precinct by the appropriate registration deadline; provided that no change of registration shall be allowed if the change of residence occurs after the close of registration for an election except pursuant to section 11-21(c). The change of registration due to a change of residence may be challenged as provided in section 11-25.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(h); am L 1985, c 203, §1; am L 1987, c 273, §2; am L 1992, c 129, §1]
Whenever a registered voter changes residence from one county to another, the person shall notify the clerk and change the registration to the proper county by the appropriate registration deadline; provided that no change of registration shall be allowed after the close of registration for an election except pursuant to section 11-21(c). Thereupon, if the person applying is legally qualified to register, the clerk shall accept the registration and shall immediately thereafter forward to the clerk of the county in which the person was formerly registered, a notice that the name of the registered voter is to be removed from the general county register of that county.
[L 1970, c 26, pt of §2; am L 1972, c 77, §2; am L 1973, c 217, §1(i); gen ch 1985; am L 1987, c 273, §3; am L 1992, c 129, §2]
(a) The clerks shall use all reliable and pertinent information to keep the general register up to date. The county clerks may request information from, but are not limited to, the following sources:
(1) The office of the lieutenant governor for any change of name;
(2) Courts for any changes of name, divorces, separations, or other changes affecting voter status;
(3) The department of health for marriages, deaths, or other changes affecting voter status;
(4) Utility companies concerning commencement or changes of service;
(5) Residential apartments, cooperative apartments, and condominiums as to changes of occupancy.
In requesting the information the clerk shall give reasonable notice and time for furnishing the information.
(b) If the clerk has evidence indicating that a voter's registration should be transferred, the clerk shall notify the person by first-class mail of the intent to transfer registration. The notification shall include:
(1) Any evidence that the clerk may have indicating why a transfer or change should be made;
(2) The residence, precinct, and district of the voter according to current registration lists;
(3) Any alleged new address, precinct, and district;
(4) A reply form which shall contain a space for the voter's agreement or objection to the transfer, the reasons for the objection and space for the voter's signature;
(5) Notice that unless the completed form is returned not later than 4:30 p.m. on the fifteenth day after mailing, the transfer shall be processed.
(c) A voter may contest the transfer on or before election day by presenting evidence that the voter actually resides at the old address which, if found valid by the clerk or the board of registration, shall entitle the voter to be returned to the old voting list.
(d) Notwithstanding section 11-24, the clerk may, at any time, transfer a voter's registration when notice of a change of address is received by registration affidavit or other form or means approved by the chief election officer.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(j); am L 1984, c 64, §1; am L 1994, c 119, §2]
(a) The clerk may designate a registration clerk, who may be an election official, at a voter service center in the county on the day of the election.
(b) These registration clerks shall take applications for change of name from voters who have been married or who have had their names changed since the last election.
(c) Any person whose name appears on the registered voters list whose residence has changed since the last election, and whom the clerk has not transferred under section 11-20, may apply on a form prescribed by the chief election officer on the day of the election for transfer of registration to the precinct of the new residence. Any person so transferring voter registration shall be immediately added to the register of the new precinct.
(d) Where a person was incorrectly placed on a list of voters of a precinct in which the person does not actually reside, the person may correct the registration.
[L 1970, c 26, pt of §2; am L 1972, c 77, §3; am L 1984, c 64, §2; am L 1985, c 203, §2; am L 1987, c 273, §4; am L 1992, c 129, §§3, 4; am L 2019, c 136, §8; am L 2021, c 213, §8]
(a) The clerk shall correct the register if at any time it shall be manifest to the clerk that the name of a person registered has been accidentally misspelled, or that the person has been misnamed therein, or that the person has been accidentally registered under the wrong precinct, or that the person was accidentally removed pursuant to section 11-17(a), or that the name of the person should be corrected or restored pursuant to section 11-17(b).
(b) In any case where the clerk refuses to correct the register, the person may appeal to the board of registration and the register shall be changed upon a written order of the board of registration, setting forth the reasons for the change. The order shall be directed to the clerk. The clerk, upon receipt of any order from the board of registration, shall correct the register according to the terms of the order, making on the register a reference to the order.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(k); gen ch 1985; am L 1990, c 45, §6; am L 2019, c 136, §9; am L 2021, c 213, §9]
Whenever the clerk receives from the department of health or any informing agency, information of the death, loss of voting rights of a person sentenced for a felony as provided in section 831-2, adjudication as an incapacitated person under the provisions of chapter 560, loss of citizenship, or any other disqualification to vote, the clerk may accept the reported information as prima facie evidence to maintain and update the general register. Any person whose name is removed from the register of voters under this section may reregister to vote or appeal in the manner provided by sections 11-26 and 11-51, and the proceedings shall be had upon the appeal as in other appeals under these sections.
[L 1970, c 26, pt of §2; am L 1980, c 198, §1; am L 1983, c 34, §1; am L 2002, c 15, §2; am L 2021, c 213, §10]
(a) At 4:30 p.m. on the tenth day before each election, but if the day is a Saturday, Sunday, or holiday then at 4:30 p.m. on the first working day immediately thereafter, the general county register shall be closed to registration for persons seeking to vote and remain closed to registration until after the election, subject to change only as provided in sections 11-15.2, 11-21(c), 11-22, 11-25, 11-26, and this section.
(b) Notwithstanding the time of closing the general county registrar under subsection (a), the clerk may accept an application submitted on the tenth day if it was received electronically through the online voter registration system in accordance with section 11-15.3 or received as part of a driver's licensing transaction or from another designated voter registration agency under the National Voter Registration Act of 1993. The clerk shall also accept an application that is postmarked before or on the tenth day before the election.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(1); am L 1976, c 106, §1(6); am L 1977, c 189, §1(3); am L 1979, c 139, §3; am L 1990, c 156, §7; am L 1992, c 129, §5; am L 2012, c 225, §4; am L 2021, c 213, §11]
(a) Any registered voter may challenge the right of a person to be or to remain registered as a voter in any precinct for any cause not previously decided by the board of registration or the supreme court in respect to the same person. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the clerk who shall immediately serve notice thereof on the person challenged. The clerk shall, as soon as possible, investigate and rule on the challenge.
(b) Any voter rightfully in a voter service center may challenge the right to vote of any person who comes to the voter service center for voting purposes. The challenge shall be on the grounds that the voter is not the person the voter alleges to be, or that the voter is not entitled to vote. No other or further challenge shall be allowed. Any person challenged pursuant to this subsection shall first be given the opportunity to make the relevant correction pursuant to section 11-21. The challenge shall be considered and decided immediately by the clerk, and the ruling shall be announced.
(c) If neither the challenger nor the challenged voter appeals the ruling of the clerk, then the voter shall either be allowed to vote or be prevented from voting in accordance with the ruling. If an appeal is taken to the board of registration, the challenged voter shall be allowed to vote; provided that the ballot is placed in a sealed envelope to be later counted or rejected in accordance with the ruling on appeal. The chief election officer shall adopt rules in accordance with chapter 91 to safeguard the secrecy of the challenged voter's ballot.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(m); am L 1979, c 139, §4 and c 196, §5; am L 1980, c 137, §1; am L 1985, c 203, §3; am L 2014, c 166, §2; am L 2019, c 136, §10; am L 2021, c 213, §12]
(a) In cases where the clerk, or voter service center officials, rules on a challenge on election day, the person ruled against may appeal from the ruling to the board of registration of the person's county for review under part III. The appeal shall be brought before the challenger and challenged party leave the voter service center. If an appeal is brought, both the challenger and the challenged voter may be parties to the appeal.
(b) In cases where the clerk rules on a challenge, prior to election day, or refuses to register an applicant, or refuses to change the register under section 11-22, the person ruled against may appeal from the ruling to the board of registration of the person's county. The appeal shall be brought within ten days of service of the adverse decision. Service of the decision shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the aggrieved person's last known address. If an appeal from a decision on a challenge prior to election day is brought, both the challenger and the challenged voter may be parties to the appeal.
(c) If the appeal is sustained, the board shall immediately certify that finding to the clerk, who shall thereupon alter the register to correspond to the findings of the board, and when necessary, the clerk shall notify the voter service center officials of the change in the register.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(n); am L 1980, c 264, §1(c); gen ch 1985; am L 1990, c 45, §7; am L 2021, c 213, §13]
(a) There shall be four boards of registration: one for the island of Hawaii; one for the islands of Maui, Molokai, Lanai, and Kahoolawe; one for the island of Oahu; and one for the islands of Kauai and Niihau. The boards, which shall be in the department of accounting and general services for administrative purposes, shall consist of three members each who shall be appointed by the governor by and with the advice and consent of the senate; their terms of office shall be four years. Each member shall, at the time of appointment and continuing through their term of office, be a registered voter in the respective county of the board to which the member is appointed.
(b) In no case shall any board consist entirely of members of one political party. Party membership shall be the member's party membership at the time of appointment and shall be determined by the respective political party. If a member changes their party membership during their term of office, then the member's new party membership shall be their membership for the purposes of this subsection. Upon request by the governor or a senator, a member shall provide verification of party membership. A member shall also provide notice that they have changed their party membership to the governor and senate president if the member changes their party membership during their term of office.
(c) The several boards of registration shall sit in the county seats of their respective counties on election day. The boards shall also sit at such other times as the clerk determines within the various representative districts in their respective counties to hear appeals, provided there are any, from the voters registered within such districts. The boards shall continue their sittings until all appeals have been heard.
(d) Reasonable notices of the sitting of the boards shall be given in their respective districts or counties.
[L 1970, c 26, pt of §2; am L 1980, c 264, §1(d); am L 1983, c 34, §2; am L 1998, c 2, §3; am L 2005, c 199, §1; am L 2023, c 13, §1]
Members of the boards of registration shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91.
[L 1970, c 26, pt of §2; am L 1979, c 133, §1; am L 1987, c 210, §1; am L 1998, c 56, §1]
(a) Each board of registration is given all of the powers and authority for the summoning and examining of witnesses and the maintenance of order, including the power to punish for contempt and award witness fees in accordance with section 621-7, by law given to circuit courts.
(b) Every member of the board of registration may administer oaths in all cases in which oaths are by law authorized.
(c) The procedures for challenges and appeals under sections 11-25 and 11-26 and this part shall be exempt from the provisions of chapter 91 regarding contested case hearings, but shall be administered according to rules adopted by the chief election officer.
[L 1970, c 26, pt of §2; am L 1990, c 45, §8]
The several boards of registration shall each keep books of record in which full and detailed minutes shall be preserved of all their proceedings. The minutes shall be kept from day to day, and shall contain:
(1) The date and place of the meeting;
(2) The names of the members of the board present;
(3) The name of each person to whom an oath is administered, and, if an examination is held, the names of the witnesses and the substance of the answers of the applicant and of the witnesses;
(4) The name of any person challenging the right of any applicant to register, the grounds of challenge, the name of the person challenged, and the decision rendered thereon; and
(5) All other matters of detail which are likely to have a bearing upon any question concerning the action of the board or of any person appearing before it.
[L 1970, c 26, pt of §2]
Any affected person, political party, or any of the county clerks, may appeal to the intermediate appellate court, subject to chapter 602, in the manner provided for civil appeals from the circuit court; provided that the appeal is brought no later than 4:30 p.m. on the tenth day after the board serves its written decision, including findings of fact and conclusions of law, upon the appellant. This written decision of the board shall be a final appealable order. The board shall not consider motions for reconsideration. Service upon the appellant shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the appellant's last known address.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(o); am L 1979, c 111, §25; am L 1990, c 45, §9; am L 2004, c 202, §1; am L 2006, c 94, §1; am L 2010, c 109, §1]
When the appeal is perfected, the court shall hear the appeal as soon thereafter as may be reasonable.
[L 1970, c 26, pt of §2; am L 2004, c 202, §2; am L 2006, c 94, §1; am L 2010, c 109, §1]
Immediately upon rendering a final decision upon any appeal, the court shall notify the board of registration from which the appeal was taken; and if the decision reverses the decision of the board, the board shall immediately order the register to be corrected to conform with the decision.
[L 1970, c 26, pt of §2; am L 2004, c 202, §3; am L 2006, c 94, §1; am L 2010, c 109, §1]
In case of an appeal from a decision of any board of registration the name of the person shall be placed or remain upon the register pending the decision of the appellate courts concerning the same. If the person so registered votes at any election before the appeal is decided and acted upon, the ballot of such voter shall be handled in accordance with section 11-25(c).
[L 1970, c 26, pt of §2; am L 2004, c 202, §4; am L 2006, c 94, §1; am L 2010, c 109, §1]
(a) The term "political party" means any party which has qualified as a political party under sections 11-62 and 11-64 and has not been disqualified by this section. A political party shall be an association of voters united for the purpose of promoting a common political end or carrying out a particular line of political policy and which maintains a general organization throughout the State, including a regularly constituted central committee and county committees in each county other than Kalawao.
(b) Any party which does not meet the following requirements or the requirements set forth in sections 11-62 to 11-64, shall be subject to disqualification:
(1) A party must have had candidates running for election at the last general election for any of the offices listed in paragraph (2) whose terms had expired. This does not include those offices which were vacant because the incumbent had died or resigned before the end of the incumbent's term; and
(2) The party received at least ten per cent of all votes cast:
(A) For any of the offices voted upon by all the voters in the State; or
(B) In at least fifty per cent of the congressional districts; or
(3) The party received at least four per cent of all the votes cast for all the offices of state senator statewide; or
(4) The party received at least four per cent of all the votes cast for all the offices of state representative statewide; or
(5) The party received at least two per cent of all the votes cast for all the offices of state senate and all the offices of state representative combined statewide.
[L 1970, c 26, pt of §2; am L 1979, c 125, §3(1); am L 1983, c 34, §3; am L 1986, c 323, §1; am L 1997, c 287, §1; am L 1999, c 205, §1]
(a) Any group of persons hereafter desiring to qualify as a political party for election ballot purposes in the State shall file with the chief election officer a petition as provided in this section. The petition for qualification as a political party shall:
(1) Be filed not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary;
(2) Declare as concisely as may be the intention of signers thereof to qualify as a statewide political party in the State and state the name of the new party;
(3) Contain the name, signature, residence address, month and date portion of the date of birth, and other information as determined by the chief election officer of currently registered voters comprising not less than one-tenth of one per cent of the total registered voters of the State as of the last preceding general election;
(4) Be accompanied by the names and addresses of the officers of the central committee and of the respective county committees of the political party and by the party rules; and
(5) Be upon the form prescribed and provided by the chief election officer.
(b) The petition shall be subject to hearing under chapter 91, if any objections are raised by the chief election officer or any other political party. All objections shall be made not later than 4:30 p.m. on the twentieth business day after the petition has been filed. The chief election officer may extend the objection period up to an additional ten business days, if the group of persons desiring to qualify as a political party is provided with notice of extension and the reasons therefor. If no objections are raised by 4:30 p.m. on the twentieth business day, or the extension thereof, the petition shall be approved. If an objection is raised, a decision shall be rendered not later than 4:30 p.m. on the thirtieth day after filing of the objection or not later than 4:30 p.m. on the one hundredth day prior to the primary, whichever shall first occur.
(c) The chief election officer may check the names of any persons on the petition to see that they are registered voters and may check the validity of their signatures. The petition shall be public information upon filing.
(d) Each group of persons desiring to qualify as a political party, having first qualified as a political party by petition under this section, and having been qualified as a political party for three consecutive general elections by petition or pursuant to section 11-61(b), shall be deemed a political party for the following ten-year period. The ten-year period shall begin with the next regularly scheduled general election; provided that each party qualified under this section shall continue to field candidates for public office during the ten-year period following qualification. After each ten-year period, the party qualified under this section shall either remain qualified under the standards set forth in section 11-61, or requalify under this section 11-62.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(p); am L 1983, c 34, §4; am L 1986, c 323, §2; am L 1993, c 304, §4; am L 1997, c 287, §2; am L 1998, c 33, §1; am L 1999, c 205, §2; am L 2022, c 4, §1]
All parties must file their rules with the chief election officer not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary. All amendments shall be filed with the chief election officer not later than 4:30 p.m. on the thirtieth day after their adoption. The rules and amendments shall be duly certified to by an authorized officer of the party and upon filing, the rules and amendments thereto shall be a public record.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(q); am L 1983, c 34, §5; am L 1986, c 323, §3; am L 2022, c 4, §2]
All parties shall submit to the chief election officer and the respective county clerks not later than 4:30 p.m. on the one hundred seventieth day prior to the next primary, a list of names and addresses of officers of the central committee and of the respective county committees.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(r); am L 1983, c 34, §6; am L 2022, c 4, §3]
(a) Not later than 4:30 p.m. on the one hundred twentieth day after a general election, the chief election officer shall determine which parties were qualified to participate in the last general election, but which have become disqualified to participate in the forthcoming elections. Notice of intention to disqualify shall be served by certified or registered mail on the chairperson of the state central committee or in the absence of the chairperson, any officer of the central committee of the party, as shown by the records of the chief election officer. In addition, public notice of intention to disqualify shall also be given.
(b) If an officer of the party whose name is on file with the chief election officer desires a hearing on the notice of intention to disqualify, the officer of the party shall, not later than 4:30 p.m. on the tenth day after service by mail or not later than 4:30 p.m. on the tenth day after the last day upon which the public notice is given in any county, whichever is later, file an affidavit with the chief election officer setting forth facts showing the reasons why the party should not be disqualified. The chief election officer shall call a hearing not later than twenty days following receipt of the affidavit. The chief election officer shall notify by certified or registered mail the officer of the party who filed the affidavit of the date, time, and place of the hearing. In addition, public notice of the hearing shall be given not later than five days prior to the day of the hearing. The chief election officer shall render the chief election officer's decision not later than 4:30 p.m. on the seventh day following the hearing. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. A party thus disqualified shall have the right to requalify as a new party by following the procedures of section 11-62.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(5); am L 1977, c 189, §1(4); gen ch 1985, 1993; am L 1998, c 2, §4]
L 2019, c 136, §§38 to 42.
Election officials under the supervision and control of the office of elections on election day shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained in rules adopted pursuant to chapter 91.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(y); am L 1974, c 19, §1; am L 1977, c 151, §2; am L 1982, c 145, §1; am L 1989, c 155, §1; gen ch 1993; am L 1995, c 71, §3; am L 2019, c 136, §11]
(a) Each qualified political party shall be entitled to appoint no more than one watcher who may be present at any time at a voter service center. Each party shall submit its list of watchers no later than 4:30 p.m. on the twentieth day before any election to the clerk. All watchers shall serve without expense to the county. All watchers so appointed shall be registered voters.
(b) Each watcher shall be provided with identification from the clerk stating the watcher's name and the name of the party the watcher represents.
(c) The watcher shall call the attention of the clerk to any violations of the election laws that the watcher observes. After the clerk's attention is called to the violation, the clerk shall make an attempt to correct the violation. If the clerk fails to correct the violation, the watcher may appeal to the chief election officer.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(z); am L 1977, c 189, §1(6); am L 1983, c 34, §7; am L 2005, c 201, §4; am L 2019, c 136, §12]
(a) No later than 4:30 p.m. on the tenth day before the close of filing in elections involving state offices, the chief election officer shall issue an election proclamation. In elections involving only county offices the clerk shall issue the proclamation. In elections involving both state and county offices the proclamation may be issued jointly.
(b) The proclamation shall contain a statement of the purposes for which the election is to be held, and a designation of the offices and the terms thereof for which candidates are to be nominated or elected. It may also contain any other relevant matter including an offer of rewards for the detection and conviction of offenders against the election laws. The chief election officer or clerk shall cause the election proclamation to be published at least once in a newspaper of general circulation and no later than on the tenth day before the close of filing.
(c) For any election conducted by ranked-choice voting pursuant to section 11-100, the election proclamation shall include a statement that votes shall be cast and tabulated using ranked-choice voting and shall provide an explanation of ranked-choice voting.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(aa); am L 2021, c 7, §1 and c 213, §14; am L 2022, c 47, §3]
[Repealed]
[L 2019, c 136, §43]
[Repealed]
[L 1983, c 34, §8]
(a) The clerk shall issue a proclamation listing all voter service centers and places of deposit, including the days each voter service center and place of deposit is open and the hours of operations and location of each voter service center and place of deposit, as may have been determined by the clerk as of the proclamation date and whenever a new precinct is established in any representative district. The clerk shall make arrangements for the rental or erection of suitable shelter for the establishment of a voter service center whenever public buildings are not available and shall cause these voter service centers to be equipped with the necessary facilities for lighting, ventilation, and equipment needed for elections on any island. This proclamation may be issued jointly with the proclamation required in section 11-91.
(b) No change shall be made in the boundaries of any precinct later than 4:30 p.m. on the tenth day before the close of filing for an election.
(c) Notwithstanding subsection (a), and pursuant to section 15-2.5, the clerk is not required to establish voter service centers for precincts affected by natural disasters, as provided in section 15-2.5.
[L 1983, c 34, §9; am L 1984, c 39, §1; am L 1996, c 215, §2; am L 2019, c 136, §13; am L 2021, c 7, §2 and c 213, §15]
[Repealed]
[L 2019, c 136, §44]
(a) In the event of a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring before an election where the extent of damage caused is such that the ability of voters, in any precinct, district, or county, to exercise their right to vote is substantially impaired, the chief election officer or clerk in the case of county elections may postpone the conducting of an election in the affected precinct, district, or county for no more than twenty-one days; provided that any postponement shall not affect the conduct of the election, tabulation, or distribution of results for those precincts, districts, or counties not designated for postponement. The chief election officer or clerk in the case of county elections shall give notice of the postponement by whatever possible news or broadcast media are available.
(b) In the event the chief election officer or the clerk in a county election determines that the number of candidates or issues on the ballot in a special, special primary, or special general election does not require the full number of established precincts, the precincts may be consolidated for the purposes of the special, special primary, or special general election into a small number of special, special primary, or special general election precincts.
A special, special primary, or special general election precinct shall be considered the same as an established precinct for all purposes. No later than 4:30 p.m. on the tenth day before the special, special primary, or special general election, the chief election officer or the clerk shall give public notice, in the area in which the special, special primary, or special general election is to be held, of the special, special primary, or special general election precincts.
[L 1983, c 34, §11; am L 1993, c 304, §5; am L 1996, c 215, §3; am L 1998, c 2, §5; am L 2019, c 136, §14; am L 2021, c 213, §16]
Beginning with the 2022 primary election, there shall be a minimum of four precincts in each district; provided that each inhabited island with at least one hundred residents shall include at least one precinct.
[L 2021, c 213, pt of §2]
L 2019, c 136, §§45 to 47.
Every record made pursuant to law by a board of registration of voters, or the precinct officials, shall be a prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which the same is offered in evidence.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(cc)]
(a) A voter's full name, district/precinct designation, and voter status shall be public; but all other personal information, as provided on the voter registration affidavit, shall be confidential except for election or government purposes in accordance with rules adopted by the chief election officer, pursuant to chapter 91.
(b) Voted materials shall not be open to the inspection of any voter until after the end of the contest period unless opened upon order of the court.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(dd); am L 1983, c 34, §12; am L 1990, c 156, §8; am L 1997, c 157, §2]
Books, blanks, records, certificates, and other forms and materials required by this title shall be of uniform character suitable for the voting system in use and shall be prescribed by the chief election officer after consultation with the clerks involved.
[L 1970, c 26, pt of §2]
The nomination and election of a senator or representative to Congress shall be in conformity to the laws applicable to the election of members of the state legislature except as expressly otherwise provided or where in conflict with federal law.
[L 1970, c 26, pt of §2]
(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 provided in subsections (c) and (d), the following procedures shall be used to determine the winner of an election conducted by ranked-choice voting:
(1) Tabulation of votes shall proceed in rounds;
(2) In each round, the number of votes for each continuing candidate shall be counted, with each continuing ballot counting as one vote for its highest-ranked continuing candidate for that round;
(3) Inactive ballots shall not be counted for any continuing candidate; and
(4) The round shall end with one of two potential outcomes:
(A) If there are two or fewer continuing candidates, the candidate with the most votes shall be declared the winner of the election; or
(B) If there are more than two continuing candidates, the last-place candidate shall be defeated and a new round shall begin.
(c) A tie under this section between candidates for the most votes in the final round or a tie between last-place candidates in any round shall be decided by lot, and the candidate chosen by lot shall be:
(1) Declared the winner if the tie is between candidates for the most votes in the final round; or
(2) Defeated if the tie is between last-place candidates in any round.
(d) The office of elections may modify a ranked-choice voting ballot and tabulation; provided that:
(1) The number of allowable rankings shall be limited to no fewer than six candidates; and
(2) Two or more candidates may be defeated simultaneously by batch elimination in any round of tabulation.
(e) For the purposes of this section:
"Batch elimination" means the simultaneous defeat of multiple candidates for whom it is mathematically impossible to be elected.
"Continuing ballot" means a ballot that is not an inactive ballot.
"Continuing candidate" means a candidate who has not been defeated.
"Highest continuing ranking" means the highest ranking on a voter's ballot for a continuing candidate.
"Inactive ballot" means a ballot that does not rank any continuing candidate, contains an overvote at the highest continuing ranking, or contains two or more sequential skipped rankings before its highest continuing ranking.
"Last-place candidate" means the candidate with the fewest votes in a round of ranked-choice voting tabulation.
"Mathematically impossible to be elected", with respect to a candidate, means that:
(1) The candidate cannot be elected because the candidate's vote total in a round of the ranked-choice voting tabulation, plus all votes that could possibly be transferred to the candidate in future rounds from candidates with an equal or lower number of votes, would not be enough to surpass the candidate with the next-higher vote total in the round; or
(2) The candidate has a lower vote total than a candidate described in paragraph (1).
"Overvote" means a circumstance in which a voter has ranked more than one candidate at the same ranking on a ballot.
"Ranked-choice voting" means the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in sequential rounds in which last-place candidates are defeated, and the candidate with the most votes in the final round is elected.
"Ranking" means the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate, in which the lowest number is the highest ranking, and the highest number is the lowest ranking.
"Round" means an instance of the sequence of voting tabulation steps established in subsection (b).
"Skipped ranking" means a circumstance in which a voter has left a ranking blank and ranks a candidate at a subsequent ranking.
[L 2022, c 47, §2]
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 absentee ballot under chapter 15 or 15D, if the voter complies with the applicable requirements.
[L 2019, c 136, pt of §2; am L 2021, c 213, §17]
(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 practicable, the clerk shall mail a ballot package by non-forwardable mail to each registered voter in the county so as to enable voters to receive the ballot package at least eighteen days before the election; provided that the State and counties shall not be liable if the ballot package is received fewer than eighteen days before the election. The clerk shall continue mailing ballot packages to voters who register to vote no later than ten days before the date of the election and to voters who update their voter registration address no later than seven days before the date of the election and who have not yet voted; provided that the clerk may continue mailing ballot packages beyond the deadlines established by this subsection if the clerk determines that there is reasonable time for a voter to receive and submit the ballot package before the election. In determining the initial mailing date of the ballot packages, the clerk shall consider the mailing place of origin and the most recent postal service delivery standards. The clerk shall not mail a ballot package to any voter in the county register who is identified as having an outdated or non-deliverable mailing address. Nothing in this part shall be construed to change the responsibilities of the clerk or chief election officer under chapter 15 with respect to voters requesting to vote by absentee ballot or chapter 15D with respect to uniform military and overseas voters.
(c) The exterior of the envelope containing the ballot package shall include instructions on how to obtain language translation services in Hawaiian and, at a minimum, the five most utilized foreign languages by limited English proficient persons in the State.
(d) The clerks shall determine and provide for voter service centers and places of deposit pursuant to this part and section 11-92.1.
[L 2019, c 136, pt of §2; am L 2021, c 213, §18; am L 2022, c 166, §2]
[§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]
(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 the marked ballot in the secrecy envelope or secrecy sleeve;
(3) Inserting the secrecy envelope or secrecy sleeve with the marked ballot in the return identification envelope; and
(4) Signing the affirmation on the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot. The affirmation shall consist of a statement to be subscribed to by the voter that affirms the fact that the voter is the person voting and that the voter's employer or agent of the employer, agent of the voter's labor union, or any candidate listed on the ballot did not assist the voter, as described in section 11-139, along with the instruction that the voter's ballot will be valid only if the affirmation statement is signed.
(b) The instructions shall include information on election fraud and voter fraud, as provided in sections [19-3(a)(5)] and 19-3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.
(c) To cast a valid ballot, the voter shall return the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner:
(1) So that the return identification envelope is received by the clerk or the clerk's designee no later than the closing hour of voting; provided that anyone who is standing in line at the closing hour of voting with the intent of returning a ballot shall be permitted to do so;
(2) To any place of deposit no later than the closing hour of voting; provided that anyone who is standing in line at a place of deposit at the closing hour of voting with the intent of returning a ballot shall be permitted to do so; or
(3) To any voter service center no later than the closing hour of voting; provided that anyone who is standing in line at a voter service center at the closing hour of voting with the intent of returning a ballot shall be permitted to do so.
(d) Once a voter has returned a return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot, that voter's ballot shall be deemed cast and may not be recast in the election.
[L 2019, c 136, pt of §2; am L 2021, c 213, §19]
(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 verify the registration of the voter and ensure that another ballot has not been returned by the voter.
(b) Upon receipt of a completed replacement ballot application form or request, the clerk shall:
(1) Verify the registration of the voter and ensure that another ballot has not been returned by the voter;
(2) Record that the voter has requested a replacement ballot;
(3) Mark the return identification envelope as containing a replacement ballot; and
(4) Issue the replacement ballot package by mail or make the ballot package available for pick-up by the voter.
(c) Voters who obtain a replacement ballot shall return the return identification envelope containing the marked replacement ballot in the same manner as provided in section 11-104(c).
[L 2019, c 136, pt of §2; am L 2021, c 213, §20]
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 would not allow the counting of the ballot,
the clerk shall make an attempt to notify the voter by first class mail, telephone, or electronic mail to inform the voter of the procedure to correct the deficiency. The voter shall have five business days after the date of the election to cure the deficiency. The chief election officer may adopt rules regarding requirements and procedures for correcting deficient return identification envelopes. The counting of ballots and disclosure of subsequent election results may continue during the time period permitted to cure a deficiency under this section. The clerk's inability to contact voters under this section shall not be grounds for a contest for cause under section 11-172. This section shall apply to all return identification envelopes, including ballots utilizing the provisions of section 11-107 or chapter 15 or 15D.
[L 2019, c 136, pt of §2; am L 2021, c 213, §21]
(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 be forwarded by electronic transmission. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit the appropriate ballot, voting information, and a waiver of the right to secrecy under 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 pursuant to section 11-102.
(b) The voter may return the completed replacement ballot and executed forms:
(1) By electronic transmission so that the completed replacement ballot and executed forms are received by the clerk or the clerk's designee no later than the closing hour of voting; or
(2) In the same manner as provided in section 11-104(c).
(c) A voter with special needs 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 the appropriate ballot, voting information, and a means of electronic authentication that does not include the voter's hand written signature or a waiver of secrecy. The voter with special needs may return the completed ballot and executed forms by any of the methods specified in subsection (b); provided that the voter's hand written signature or a waiver of secrecy shall not be required.
(d) Upon receipt, the clerk shall verify compliance with the requirements of this part; provided that if the voter returns multiple voted ballots for the same election, the clerk shall prepare only the first ballot returned that is not spoiled.
(e) The clerk may maintain a listing of voters with special needs that utilize a ballot forwarded by electronic transmission to facilitate the provision of voting services in subsequent elections.
[L 2019, c 136, pt of §2; am L 2021, c 213, §22]
(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 may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after the closing hour of voting or after the last person in line at a voter service center desiring to vote at the closing hour of voting has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be conducted in accordance with procedures established by the chief election officer.
(b) The initial tabulation of ballots shall be completed no later than 6:00 a.m. on the day following an election day.
(c) Any ballot the validity of which cannot be established upon receipt shall be retained by the clerk and shall not be commingled with ballots for which validity has been established until the validity of the ballot in question can be verified by the clerk. No ballot shall be included in an initial tabulation until the clerk has determined its validity. The clerk shall make reasonable efforts to determine the validity of ballots within five business days following an election day. No ballot shall be validated beyond the fifth business day following an election.
(d) Any initial recount provided by law shall include only ballots verified for the purpose of the initial tabulation. The initial tabulation shall include any ballots designated by the clerk for inclusion. The initial tabulation shall not include any ballots that the clerk initially determines are deficient under section 11-106 and need additional time to be corrected by the voter, or any ballots the validity of which the clerk could not verify and determines under this section need up to five business days following the election to be validated to include in the final tabulation.
(e) No election result shall be certified pursuant to section 11-155 unless all ballots verified as valid by the clerk within five business days following an election day have been added to the final tabulation. Recount of a final tabulation shall be as provided by law.
[L 2019, c 136, pt of §2; am L 2021, c 213, §23; am L 2023, c 7, §1; am L 2025, c 226, §2]
[§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]
(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 election during regular business hours until the closing hour of voting and at the same times statewide. The clerks may operate additional voter service centers with varying days or hours of operation to service the voters of particular areas that otherwise could not support the operation of a voter service center for ten business days or the same times statewide. Anyone standing in line at a voter service center at the closing hour of voting with the intent of voting shall be permitted to do so. A person eligible to vote but who is not registered to vote standing in line at a voter service center at the closing hour of voting shall be permitted to apply under section 11-15.2 to register to vote and subsequently vote that election day. To the extent the registration clerk determines the applicant to be registered at that time, the applicant will be permitted to vote a regular ballot. If additional time is required to process the application, the applicant shall be provided a provisional ballot.
(c) Each voter service center shall provide the services specified in section 11-1 under the definition of "voter service center".
(d) The clerks may designate and provide for places of deposit to be open as early as the mailing of ballots by the clerks; provided that the locations and apparatus for receiving voted ballots can be securely maintained during the period of use for each election, and as may be permitted by the operational hours.
[L 2019, c 136, pt of §2; am L 2021, c 213, §24]
(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 to voter registration, shall be divided in half between the State and the counties. To the extent that a particular expense is shared statewide, each county shall pay a proration of expenses as a proportion of the registered voters at the time of the general election. The counties shall separately be responsible for expenses associated with voter registration;
(2) All expenses for county elections by mail, which do not involve state or federal offices, shall be borne by the counties and paid out of appropriations as may be made by the county councils; and
(3) All expenses for state or federal elections by mail, which do not involve county offices, shall be borne by the State and paid out of appropriations as may be made by the legislature. Expenses attributable to registration of voters by the clerk for state or federal elections that do not involve county offices shall be borne by the State and paid out of appropriations as may be made by the legislature.
(b) Election responsibilities for elections by mail shall be as follows:
(1) For elections by mail involving both state and county offices, or involving both federal and county offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, places of deposit, and the mailing and receipt of ballots;
(B) The State shall be responsible for the printing and counting of ballots;
(C) The State and counties may otherwise agree to the delegation of these responsibilities to each other; and
(D) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer;
(2) For elections by mail involving only county offices, the respective county shall be solely responsible; and
(3) For elections by mail involving only state or federal offices:
(A) The counties shall be responsible for voter registration, absentee voting, voter service centers, and places of deposit;
(B) The State shall be responsible for the printing, mailing, receipt, and counting of ballots; and
(C) Any responsibilities not specified in this paragraph may be assigned to the counties or the State by the chief election officer.
[L 2019, c 136, pt of §2]
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 clerk in the case of county elections shall have printed informational posters containing facsimile ballots that depict the official ballots to be used in the election.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(ee); am L 1975, c 36, §1(4); am L 1980, c 264, §1(f); am L 2019, c 136, §15]
(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 ballot shall state that the voter shall not vote for more than the number of seats available or the number of candidates listed where the number of candidates is fewer than the number of seats available.
(b) The ballot may include questions concerning proposed state constitutional amendments, proposed county charter amendments, or proposed initiative or referendum issues.
(c) At the chief election officer's discretion, the ballot may have a background design imprinted onto it.
(d) When the electronic voting system is used, the ballot may have pre-punched codes and printed information that identify the voting districts, precincts, and ballot sets to facilitate the electronic data processing of these ballots.
(e) The name of the candidate may be printed with the Hawaiian or English equivalent or nickname, if the candidate so requests in writing at the time the candidate's nomination papers are filed. Candidates' names, including the Hawaiian or English equivalent or nickname, shall be set on one line.
(f) The ballot shall bear no word, motto, device, sign, or symbol other than as allowed in this title.
(g) The ballot may include information necessary to use ranked-choice voting as described in section 11-100.
[L 1970, c 26, pt of §2; am L 1975, c 36, §1(5); am L 1977, c 189, §1(7); am L 1980, c 264, §1(g); am L 1983, c 34, §13; am L 1984, c 62, §1; am L 1996, c 173, §4; am L 2022, c 47, §4]
(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 shall be counted for the presidential electors and alternates nominated by each political party.
(b) A "national party" as used in this section shall mean a party established and admitted to the ballot in at least one state other than Hawaii or one which is determined by the chief election officer to be making a bona fide effort to become a national party. If there is no national party or the national and state parties or factions in either the national or state party do not agree on the presidential and vice presidential candidates, the chief election officer may determine which candidates' names shall be placed on the ballot or may leave the candidates' names off the ballot completely.
(c) All candidates for president and vice president of the United States shall be qualified for inclusion on the general election ballot under either of the following procedures:
(1) In the case of candidates of political parties that have been qualified to place candidates on the primary and general election ballots, the appropriate official of those parties shall file a sworn application with the chief election officer not later than 4:30 p.m. on the sixtieth day prior to the general election, which shall include:
(A) The name and address of each of the two candidates;
(B) A statement that each candidate is legally qualified to serve under the provisions of the United States Constitution; and
(C) A statement that the candidates are the duly chosen candidates of both the state and the national party, giving the time, place, and manner of the selection; and
(2) In the case of candidates of parties or groups not qualified to place candidates on the primary or general election ballots, the person desiring to place the names on the general election ballot shall file with the chief election officer not later than 4:30 p.m. on the ninetieth day prior to the general election:
(A) A sworn application that shall include the information required under paragraph (1)(A), (B), and (C), where applicable; and
(B) A petition that shall be upon the form prescribed and provided by the chief election officer containing the signatures of currently registered voters which constitute not less than one per cent of the votes cast in the State at the last presidential election. The petition shall contain the names of the candidates, a statement that the persons signing intend to support those candidates, the address of each signatory, the date of the signer's signature, and other information as determined by the chief election officer.
Prior to being issued the petition form, the person desiring to place the names on the general election ballot shall submit a notarized statement from each prospective candidate of that prospective candidate's intent to be a candidate for president or vice president of the United States on the general election ballot of the State of Hawaii. The statements by a prospective candidate for vice president may be withdrawn by that prospective candidate and an alternative candidate for vice president may be substituted any time prior to the notification of qualification or disqualification provided in subsection (d). Any substitutions shall be accompanied by a notice of substitution satisfying subparagraph (A), a statement of intent as required by this paragraph, and a letter by the candidate for president endorsing the substitute candidate for vice president. Upon receipt of a notice of substitution and all other required documents, the substitute shall replace the original candidate for vice president on the general election ballot. The petitions issued in the names of the original candidates will remain valid for the purposes of this section.
(d) Each applicant and the candidates named, shall be notified in writing of the applicant's or candidate's eligibility or disqualification for placement on the ballot not later than 4:30 p.m. on the tenth business day after filing. The chief election officer may extend the notification period up to an additional five business days, if the applicants and candidates are provided with notice of the extension and the reasons therefore.
(e) If the applicant, or any other party, individual, or group with a candidate on the presidential ballot, objects to the finding of eligibility or disqualification the person may, not later than 4:30 p.m. on the fifth day after the finding, file a request in writing with the chief election officer for a hearing on the question. A hearing shall be called not later than 4:30 p.m. on the tenth day after the receipt of the request and shall be conducted in accord with chapter 91. A decision shall be issued not later than 4:30 p.m. on the fifth day after the conclusion of the hearing.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(ff); am L 1977, c 189, §1(8); am L 1983, c 34, §14; am L 1993, c 304, §6; am L 2011, c 143, §2]
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 governor; next, state senators; next, state representatives; and next, county offices.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(gg); am L 1980, c 264, §1(h)]
(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 the candidates for vice president and lieutenant governor in the general election whose names shall be placed immediately below the name of the candidate for president or governor of the same political party.
(b) In elections using the paper ballot or electronic voting systems where the names of the candidates are printed and the voter records the voter's vote on the face of the ballot, the following format shall be used: A horizontal line shall be ruled between each candidate's name and the next name, except between the names of presidential and vice presidential candidates and candidates for governor and lieutenant governor of the same political party in the general election. In such case the horizontal line shall follow the name of the candidates for vice president and lieutenant governor of the same political party, thereby grouping the candidates for president and vice president and governor and lieutenant governor of the same political party within the same pair of horizontal lines.
(c) Immediately to the left of (before) or to the right of (after) the candidate name or names, according to the requirements of the voting system, two vertical lines shall be ruled, so that in conjunction with the horizontal lines, a box shall be formed to the left of or to the right of the name and its equivalent, if any.
(d) In case of the candidates for president and vice president and governor and lieutenant governor of the same political party, only one box shall be formed opposite their set of names. The boxes shall be of sufficient size to give ample room in which to designate the choice of the voter in the manner prescribed for the voting system in use. All of the names upon a ballot shall be placed at a uniform distance from the left edge and close thereto, and shall be of uniform size and print subject to section 11-119.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(hh); am L 1976, c 106, §1(8); am L 1977, c 189, §1(9); gen ch 1985; am L 2000, c 130, §1]
[§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]
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 are available. Such layout facsimiles shall show the typefaces used, the spelling and placement of names, and other information on the ballot.
[L 1970, c 26, pt of §2]
(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 prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office. The notice shall be accompanied by a statement from a licensed physician or physician assistant indicating that such ill health may endanger the candidate's life.
A candidate who withdraws the candidate's own nomination papers prior to the close of filing shall not be considered to have caused a vacancy that may be filled by a party under section 11-118.
(b) On receipt of the notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is disqualified after the close of filing and the ballots have been printed, the chief election officer or the clerk may order the candidate's name stricken from the ballot or order that a notice of the death, withdrawal, or disqualification be prominently posted at the appropriate voter service centers on election day.
(c) In no case shall the filing fee be refunded after filing.
[L 1970, c 26, pt of §2; am L 1972, c 77, §5; am L 1973, c 217, §1(ii); am L 1983, c 34, §15; am L 1990, c 7, §2; am L 2009, c 151, §3; am L 2011, c 143, §3 and c 159, §1; am L 2021, c 213, §25]
(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 a county office immediately after the death, withdrawal, or disqualification.
(b) If the party fills the vacancy, and so notifies the chief election officer or clerk not later than 4:30 p.m. on the third day after the vacancy occurs, but not later than 4:30 p.m. on the fiftieth day prior to a primary or special primary election or not later than 4:30 p.m. on the fortieth day prior to a special, general, or special general election, the name of the replacement shall be printed in an available and appropriate place on the ballot, not necessarily in alphabetical order; provided that the replacement candidate fills out an application for nomination papers, signs the proper certifications on the nomination paper, and takes either an oath or affirmation as provided by law. If the party fails to fill the vacancy pursuant to this subsection, no candidate's name shall be printed on the ballot for the party for that race.
(c) If the ballots have been printed and it is not reasonably possible to insert an alternate's name, the chief election officer shall issue a proclamation informing the public that the votes cast for the vacating candidate shall be counted and the results interpreted as follows:
(1) In a primary or special primary election:
(A) In partisan races, if, but for candidate's vacancy, the vacating candidate would have been nominated pursuant to section 12-41(a), a vacancy shall exist in the party's nomination, to be filled in accordance with subsection (b); and
(B) In nonpartisan races, if, but for the candidate's vacancy, the vacating candidate would have qualified as a candidate for the general or special general election ballot pursuant to section 12-41(b), the nonpartisan candidate who received the next highest number of votes shall be placed on the ballot; provided that the candidate also meets the requirements of section 12-41(b);
(2) In a special, general, or special general election, if, but for the candidate's vacancy, the vacating candidate would have been elected, a vacancy shall exist in the office for which the race in question was being held, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official's full term because of death, withdrawal, or removal; and
(3) In any other case where, but for the candidate's vacancy, the vacating candidate would have been deemed elected, a vacancy shall exist in the office for which the candidate has filed, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official's full term in office because of death, withdrawal, or removal.
(d) The parties shall adopt rules to comply with this provision, and those rules shall be submitted to the chief election officer.
(e) The chief election officer or county clerk in county elections may waive any or all of the foregoing requirements in special circumstances as provided in the rules adopted by the chief election officer.
(f) For the purposes of this section, "party candidate" means the person or persons who would be the candidate or candidates of the party under section 12-41(a).
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(jj); am L 1980, c 247, §1; am L 1983, c 34, §16; am L 1986, c 305, §1; am L 1990, c 7, §3; am L 2000, c 124, §1; am L 2011, c 159, §2]
(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 shall be phrased in a manner to enable voters to express their choice on the constitutional amendment by providing a "yes" or "no" response. The language and meaning of a constitutional amendment shall be clear and it shall be neither misleading nor deceptive.
(b) The attorney general shall:
(1) In consultation with the legislative reference bureau, prepare a statement in English and Olelo Hawaii for each proposed constitutional amendment in language that is clear and that indicates the purpose, limitations, and effects of the proposed amendment;
(2) Translate the statement into other languages required under the federal Voting Rights Act, as specified by the office of elections; and
(3) Distribute each statement, including the translations, to the state office of elections pursuant to section 11-122(b) and all county clerks for further distribution.
The office of elections and county clerks shall make the statement available to the public at all polling places in the State and on the office of elections website pursuant to section 11-122.
[L 1996, c 173, §1; am L 1997, c 2, §17; am L 2019, c 286, §1; am L 2023, c 115, §3]
(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 mailing contracts where the consolidation will result in lower costs.
(b) Whenever the chief election officer is responsible for the printing of ballots, unless provided otherwise, the exact wording to appear thereon, including questions and issues, shall be submitted to the chief election officer no later than 4:30 p.m. on the seventy-fifth calendar day before the applicable election.
(c) Based upon clarity and available space, the chief election officer or the clerk in the case of county elections shall determine the style and size of type to be used in printing the ballots. The color, size, weight, shape, and thickness of the ballot shall be determined by the chief election officer.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(kk); am L 1975, c 36, §1(6); am L 1976, c 106, §1(9); am L 1979, c 133, §4; am L 1980, c 264, §1(i); am L 1985, c 203, §4; am L 2011, c 143, §4; am L 2019, c 136, §16]
[Repealed]
[L 2019, c 136, §48]
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 for any election offenses under chapter 19 or related offenses under the Penal Code.
[L 2016, c 81, §1]
(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 print due to disability;
(2) Provide a translation of the digital voter information guide in Olelo Hawaii on its website; and
(3) Provide printed copies of the digital voter information guide to all public libraries for viewing by the public.
(b) The digital voter information guide shall include:
(1) A photograph and short statement of less than one hundred fifty words for each candidate running for public office, to be prepared by the candidate; provided that the office of elections may uniformly limit the number of words for the candidate statement by applicable public office;
(2) The explanation drafted by the department of the attorney general of each state constitutional amendment that will be proposed to voters in the next general election pursuant to section 11-118.5(b); provided that the department of the attorney general shall transmit the materials required by this paragraph to the office of elections no later than seventy-five days before the general election;
(3) A clear and concise explanation, drafted by the appropriate county corporation counsel, for each proposed county charter amendment, proposed initiative, and proposed referendum issue; provided that the respective corporation counsel shall:
(A) Translate the explanation into Olelo Hawaii and any other languages required under the federal Voting Rights Act, as specified by the office of elections; and
(B) Transmit the materials required by this paragraph to the office of elections no later than seventy‑five days before the general election; and
(4) Information regarding mailing deadlines, places of deposit locations, same day voter registration, accessible voting locations, and opening hours of voter service centers.
(c) The office of elections shall prepare and mail with each ballot for a primary election a notice to voters that a digital voter information guide is available on the office of elections website. The notice shall be sent by electronic mail to all voters with special needs who have registered to receive alternate format ballots.
(d) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility.
(e) Notwithstanding chapter 92F and any other law to the contrary, the contents of subsection (b) shall not be released to any requestor in whole or in part before the public release of the entire guide.
[L 2023, c 115, §2; am L 2024, c 14, §1]
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 the closing hour of voting, any voter is standing in line at a voter service center with the desire of entering and voting, but due to the voter service center being overcrowded has been unable to do so, the voter shall be allowed to vote. No voter shall be permitted to enter or join the line after the prescribed hours of voting specified in this section.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(mm); gen ch 1985; am L 2019, c 136, §17; am L 2021, c 213, §26]
(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 appurtenances. Any person who remains or loiters within this specified area for the purpose of campaigning shall be guilty of a misdemeanor. For the purposes of this section, a voter service center, place of deposit, and its appurtenances shall include:
(1) The building in which a voter service center, place of deposit, or its appurtenances are located;
(2) Any parking lot adjacent to the building and routinely used for parking at that building;
(3) The routes of access between the building and any parking lot;
(4) Any route of access between any public thoroughfare (right of way) and the voter service center, place of deposit, or its appurtenances, to ensure an open and accessible ingress and egress to and from the voter service center, place of deposit, or appurtenances for voters; and
(5) Any area at a voter service center, place of deposit, or its appurtenances designated for voters waiting to vote.
(b) The chief election officer may regulate other activities within the area specified in subsection (a) pursuant to rules adopted by the chief election officer under chapter 91 in order to ensure the safe and orderly conduct of elections.
(c) Admission within the voter service center, place of deposit, or appurtenances shall be limited to the following:
(1) Election officials;
(2) Watchers, if any, pursuant to section 11-77;
(3) Candidates;
(4) Any voters actually engaged in voting, going to vote or returning from voting;
(5) Any person, designated by a voter who is physically disabled, while the person is assisting the voter;
(6) Any person or nonvoter group authorized by the clerk to observe the election for educational purposes; provided that these persons conduct themselves so that they do not interfere with the election process; and
(7) A child for the purpose of observing the voting process when accompanied by an adult who is voting; provided that this activity does not disrupt or interfere with normal voting procedures.
(d) Within the appropriate boundary as established in subsection (a), the display or distribution of campaign posters, signs, or other campaign materials for the purpose of soliciting votes for or against any person or political party or position on a ballot question is prohibited. Any voter who displays campaign material in the voter service center, place of deposit, or its appurtenances shall remove or cover that material before entering the voter service center, place of deposit, or its appurtenances. The chief election officer may adopt rules pursuant to chapter 91 to address special circumstances regarding the display of campaign materials.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(nn); am L 1975, c 36, §1(7); am L 1980, c 264, §1(j); gen ch 1985; am L 1993, c 97, §2; am L 1994, c 95, §1; am L 2019, c 136, §18; am L 2021, c 213, §27]
L 2019, c 136, §§49 to 52.
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 regard to whom the voter shall vote for. When a voter is in the voting booth for the purpose of voting, no other person, except as provided in sections 11-139 and 11-132, shall be allowed to enter the booth or to be in a position from which the person can observe how the voter votes.
No person shall take a ballot out of the voter service center unless authorized by the chief election officer or a designee of the chief election officer.
[L 1970, c 26, pt of §2; am L 1972, c 158, §1; am L 1973, c 217, §1(rr); am L 1975, c 36, §1(10); am L 1980, c 264, §1(m); gen ch 1985; am L 1993, c 97, §3; am L 2019, c 136, §19]
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 the lapse of five minutes, the voter shall be removed by the voter service center officials.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(ss); am L 1980, c 264, §1(n); gen ch 1985; am L 2021, c 213, §28]
(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 to persons with disabilities. The voter's employer or agent of that employer, agent of the voter's labor union, or a candidate for any office that is listed on the ballot shall not provide assistance. Written or oral instructions delivered via telephone, electronic means, or mail shall not be deemed assistance prohibited by this section; provided that the voter's employer or agent of that employer, agent of the voter's labor union, or a candidate for any office listed on the ballot is not physically present with the voter when the instructions are delivered.
(b) Violation of this section by an employer or agent of that employer, agent of the voter's labor union, or a candidate shall constitute election fraud as provided under section 19-3.
[L 1970, c 26, pt of §2; am L 1972, c 158, §2; am L 1973, c 217, §1(tt); am L 1985, c 203, §5; am L 2002, c 89, §1; am L 2013, c 235, §2; am L 2019, c 136, §20]
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 chief election officer to retain the secrecy of the vote.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(uu); am L 1975, c 36, §1(11); am L 1980, c 264, §1(o); am L 1981, c 100, §1(3)]
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 than the number to be elected or chosen for that contest or question, the votes for that contest or question shall be counted;
(2) If the votes cast in a contest or question exceed the number to be elected or chosen for that contest or question, the votes for that contest or question shall not be counted; and
(3) If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that such ballots shall be counted as votes cast in ratification of a constitutional amendment or a question for a constitutional convention.
[L 1970, c 26, pt of §2; am L 1975, c 36, §1(12); am L 1986, c 305, §2; am L 2000, c 54, §1; am L 2022, c 47, §5]
(a) For votes cast using the electronic voting system, the ballots shall be taken in the sealed ballot containers to the counting center according to the procedure and schedule adopted by the chief election officer to promote the security of the ballots. For all votes cast in an election, in the presence of official observers, counting center employees may start to count the ballots before election day, as specified in section 11-108.
(b) In an election conducted by ranked-choice voting, votes shall be counted as provided in section 11-100.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(vv); am L 1975, c 36, §1(13); am L 1977, c 189, §1(10); am L 1980, c 264, §1(p); am L 1993, c 304, §7; gen ch 1993; am L 2019, c 136, §21; am L 2022, c 47, §6]
(a) If there are more ballots than documented usage indicates, this shall be an overage and if fewer ballots, it shall be an underage. The election officials or counting center employees responsible for the tabulation of ballots shall make a note of this fact on a form to be provided by the chief election officer. The form recording the overage or underage shall be sent directly to the chief election officer or the clerk in county elections separate and apart from the other election records.
(b) If the electronic voting system is being used in an election, the overage or underage shall be recorded after the tabulation of the ballots. In an election using the paper ballot voting system, the chief election officer or the chief election officer's designee shall proceed to count the votes cast for each candidate or on a question after recording the overage or underage.
(c) The chief election officer or the clerk shall make a list of all precincts in which an overage or underage occurred and the amount of the overage or underage. This list shall be filed and kept as a public record in the office of the chief election officer or the clerk in county elections.
An election contest may be brought under part XI, if the overage or underage in any precinct could affect the outcome of an election.
[L 1970, c 26, pt of §2; am L 1975, c 36, §1(14); am L 1997, c 61, §1; am L 2019, c 136, §22; am L 2021, c 213, §29]
The voted ballots shall be kept secure and handled only in the presence of representatives not of the same political party or official observers in accordance with rules adopted for the various voting systems. After all the ballots have been tabulated they shall be sealed in containers. Thereafter, these containers shall be unsealed and resealed only as prescribed by rules governing elections.
The ballots and other election records may be destroyed by the chief election officer or clerk when all elected candidates have been certified by the chief election officer, or in the case of candidates for county offices, by the clerk and after compliance with retention schedules of applicable federal law.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(ww); am L 2019, c 136, §23]
On receipt of certified tabulations from the election officials concerned, the chief election officer in a state election, or county clerk in a county election, shall compile, certify, and release the election results by district and precinct after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following:
(1) The results of the canvass of ballots conducted pursuant to chapter 16;
(2) The audit of records and resultant overage and underage report;
(3) The audit results of the manual audit team;
(4) The results of any mandatory recount of votes conducted pursuant to section 11-158; and
(5) All logs, tally sheets, and other documents generated during the election and in the canvass of the election results.
A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11-156; provided that in the event of an overage or underage, a list of all precincts in which an overage or underage occurred shall be attached to the certificate. The candidates to be elected who receive the most votes in any election district shall be declared to be elected; provided that candidates for offices elected by ranked-choice voting shall be declared to be elected pursuant to section 11-100. Unless otherwise provided, the term of office shall begin or end as of the close of voter service centers on election day. The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11-156.
[L 1970, c 26, pt of §2; am L 1980, c 264, §1(b); am L 1986, c 305, §3; am L 1997, c 61, §2; am L 2019, c 135, §2; am L 2021, c 213, §30; am L 2022, c 47, §7]
The chief election officer or county clerk shall deliver certificates of election to the persons elected as determined under section 11-155. The chief election officer or county clerk in county elections shall issue certificates of results where a question has been voted upon. Certificates of election shall be delivered only after the:
(1) Filing of reports in accordance with sections 11-331 and 11-333; and
(2) Payment of any fine assessed by the campaign spending commission,
by the person elected in accordance with part XIII and after the expiration of time for bringing an election contest. The certificate of election shall be substantially in the following form:
CERTIFICATE OF ELECTION
I,......................., chief election officer (county clerk) of Hawaii (county), do hereby certify that .................... was on the ..... day of .......... 20....., duly elected a ............... (name of office) for the ....................... district for a term expiring on the ..... day of ...................., A.D. 20.....
Witness my hand this ..... day of ...................., A.D. 20.....
.....................................
Chief Election Officer (County Clerk)
The certificate of results shall be substantially in the following form:
CERTIFICATE OF RESULTS
I, ............................, chief election officer (county clerk) of Hawaii (county), do hereby certify that .................. (question) was on the ..... day of ............... 20...., duly adopted (rejected) by a majority of the votes cast.
.....................................
Chief Election Officer (County Clerk)
If there is an election contest these certificates shall be delivered only after a final determination in the contest has been made and the time for an appeal has expired.
[L 1970, c 26, pt of §2; am L 1986, c 305, §4; am L 2012, c 34, §1; am L 2014, c 139, §1]
In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or clerk in the case of county elections by lot.
[L 1970, c 26, pt of §2; gen ch 1985; am L 1990, c 198, §2; am L 1996, c 239, §2; am L 2011, c 5, §3; am L 2012, c 34, §2; am L 2019, c 136, §24]
(a) The chief election officer, or the clerk in the case of a county election, shall conduct a recount of all votes cast for any office or ballot question in any election if the official tabulation of all of the returns for that office or question reveals that the difference in:
(1) The number of votes cast for a candidate apparently qualified for the general election ballot or elected to office and the number of votes cast for the closest apparently defeated opponent; or
(2) The number of votes cast in the affirmative for the ballot question and the number of votes cast in the negative for the ballot question, including when applicable, the tabulation of blank votes,
is equal to or less than one hundred votes or one-half of one per cent of the total number of votes cast for the contest, whichever is lesser.
(b) No candidate shall be charged for the cost of a mandatory recount under this section.
(c) All mandatory recounts of votes under this section shall be completed and the results publicly announced by the fifth business day after election day.
(d) The chief election officer may adopt rules pursuant to chapter 91 for the mandatory recount of votes under this section, including:
(1) Authorizing candidates affected by the recount, or their designated representatives, to attend and witness the recount; and
(2) Notifying the parties described in paragraph (1) of the time and place of the recount no later than one day prior to the date of the recount.
(e) This section shall apply to votes counted pursuant to section 11-151.
(f) A recount conducted pursuant to this section shall not be considered a contest for cause subject to section 11-172.
[L 2019, c 135, §1; am L 2024, c 1, §1; am L 2025, c 226, §3]
This part shall apply whenever a contested election is subject to determination by a court of competent jurisdiction in the manner provided by law.
[L 1970, c 26, pt of §2]
With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. The complaint shall set forth any cause or causes, such as but not limited to, provable fraud, overages, or underages, that could cause a difference in the election results. The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the voter service center officials or the officials at a counting center in an election using the electronic voting system. A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(xx); am L 1975, c 36, §1(15); am L 1991, c 9, §2; am L 2021, c 213, §31]
[Repealed]
[L 1973, c 217, §1(yy)]
(a) In a primary and special primary election contest, or a county election contest held concurrently with a regularly scheduled primary or special primary election, the complaint shall be filed in the office of the clerk of the supreme court no later than 4:30 p.m. on the thirteenth day after a primary or special primary election or a county election contest held concurrently with a regularly scheduled primary or special primary election, and shall be accompanied by a deposit for costs of court as established by the rules of the supreme court. The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court no later than 4:30 p.m. on the fifth day after service of the summons.
(b) In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election, the court shall hear the contest in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law. The judgment shall decide what candidate was nominated or elected, as the case may be, in the manner presented by the petition, and a certified copy of the judgment shall forthwith be served on the chief election officer or the county clerk, as the case may be, who shall place the name of the candidate declared to be nominated on the ballot for the forthcoming general, special general, or runoff election. The judgment shall be conclusive of the right of the candidate so declared to be nominated; provided that this subsection shall not operate to amend or repeal section 12-41.
[L 1973, c 217, §1(aaa); am L 1974, c 34, §1(c); am L 1979, c 133, §5; am L 1998, c 22, §2; am L 2019, c 135, §3 and c 136, §25; am L 2024, c 1, §2]
[Repealed]
[L 1973, c 217, §1(zz)]
(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 the candidate or candidates to the offices.
[L 1973, c 217, §1(bbb); am L 1979, c 133, §6; gen ch 1985; am L 1998, c 22, §3 and c 123, §1; am L 2021, c 213, §32]
The supreme court may compel the attendance of witnesses, punish contempts, and do whatsoever else may be necessary fully to determine the proceedings, and enforce its decrees therein. The court may make such special rules as it may find necessary or proper. The costs shall be as provided by the supreme court by rule.
[L 1970, c 26, pt of §2; am L 1973, c 217, §1(ccc); am L 1993, c 6, §3]
[Repealed]
[L 1973, c 217, §1(ddd)]
[Repealed]
[L 2021, c 213, §46]
All expenses, including expenses attributable to registration of voters by the county clerk, for state elections conducted in any county which do not involve elections for county offices shall be borne by the State and paid out of such appropriations as may be made by the legislature for election purposes.
[L 1970, c 26, pt of §2]
All expenses for county elections which do not involve state offices shall be borne by the county and paid out of such appropriations as may be made by the council for election purposes.
[L 1970, c 26, pt of §2]
[Repealed]
[L 2019, c 136, §53]
L 1979, c 224.
[Repealed]
[L 2010, c 59, §2 and c 211, §9]
L 2010, c 211, §9.
The purpose of this part is to provide transparency in the campaign finance process. Any ambiguity in the provisions of this part shall be construed to support transparency.
[L 2010, c 211, pt of §2]
When used in this part:
"Advertisement" means any communication, excluding sundry items such as bumper stickers, that:
(1) Identifies a candidate directly or by implication, or identifies an issue or question that will appear on the ballot at the next applicable election; and
(2) Advocates or supports the nomination, opposition, or election of the candidate, or advocates the passage or defeat of the issue or question on the ballot.
"Ballot issue committee" means a noncandidate committee that has the exclusive purpose of making or receiving contributions, making expenditures, or incurring financial obligations for or against any question or issue appearing on the ballot at the next applicable election.
"Campaign funds" means contributions, interest, rebates, refunds, loans, or advances received by a candidate committee or noncandidate committee.
"Candidate" means an individual who seeks nomination for election or seeks election to office. An individual remains a candidate until the individual's candidate committee terminates registration with the commission. An individual is a candidate if the individual does any of the following:
(1) Files nomination papers for an office for the individual with the county clerk's office or with the chief election officer's office, whichever is applicable;
(2) Receives contributions, makes expenditures, or incurs financial obligations of more than $100 to bring about the individual's nomination for election, or to bring about the individual's election to office;
(3) Gives consent for any other person to receive contributions, make expenditures, or incur financial obligations to aid the individual's nomination for election, or the individual's election, to office; or
(4) Is certified to be a candidate by the chief election officer or county clerk.
"Candidate committee" means an organization, association, or individual that receives campaign funds, makes expenditures, or incurs financial obligations on behalf of a candidate with the candidate's authorization.
"Clearly identified" means the inclusion of name, photograph or other similar image, or other unambiguous identification of a candidate.
"Commission" means the campaign spending commission.
"Commissioner" means any person appointed to the commission.
"Contribution" means:
(1) A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of:
(A) Influencing the nomination for election, or the election, of any person to office;
(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or
(C) Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B);
(2) The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1);
(3) A contract, promise, or agreement to make a contribution; or
(4) Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372[.]
"Contribution" does not include:
(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;
(2) A candidate's expenditure of the candidate's own funds; provided that this expenditure shall be reportable as other receipts and expenditures;
(3) Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or
(4) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:
(A) The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or
(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services.
"Donation" means all transfers of money, credit or debit card transactions, online payments, payments made through a third party, paid personal services, or transfers of any other thing of value to a nonprofit organization.
"Donor" means a person that makes a donation to a nonprofit organization subject to this chapter and operating as a noncandidate committee.
"Earmarked funds" means contributions received by a candidate committee or noncandidate committee on the condition that the funds be contributed to or expended on certain candidates, issues, or questions.
"Election" means any election for office or for determining a question or issue provided by law or ordinance.
"Electioneering communication":
(1) Means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail, and that:
(A) Refers to a clearly identifiable candidate;
(B) Is made, or scheduled to be made, either within thirty days before a primary or initial special election or within sixty days before a general or special election; and
(C) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate; and
(2) Shall not include communications:
(A) In a news story or editorial disseminated by any broadcast station, publisher of periodicals or newspapers, or by electronic means, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;
(B) In house bulletins; or
(C) That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person or organization sponsoring the debate or forum.
"Election period" means:
(1) The two-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a two-year office;
(2) The four-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a four-year office; or
(3) For a special election, the period between the day after the general election for that office through the day of the special election.
"Equipment and services" includes computers, software, internet domain names, internet service providers, and any other technology that is used to provide access to or use of the Internet.
"Expenditure" means:
(1) Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:
(A) Influencing the nomination for election, or the election, of any person seeking nomination for election or election to office, whether or not the person has filed the person's nomination papers;
(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or
(C) Use by any party for the purposes set out in subparagraph (A) or (B);
(2) Any payment, by any person other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee for any of the purposes mentioned in paragraph (1)(A); provided that payment under this paragraph shall include provision of services without charge; or
(3) The expenditure by a candidate of the candidate's own funds for the purposes set out in paragraph (1)(A).
"Expenditure" does not include:
(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;
(2) Voter registration efforts that are nonpartisan; or
(3) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:
(A) The individual, candidate committee, or noncandidate committee is uncompensated for internet activities; or
(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services;
provided that the internet activity exclusion does not apply to any payment for an advertisement other than a nominal fee; the purchase or rental of an electronic address list made at the direction of a candidate committee or noncandidate committee; or an electronic mail address list that is transferred to a candidate committee or noncandidate committee.
"House bulletin" means a communication sponsored by any person in the regular course of publication for limited distribution primarily to its employees or members.
"Immediate family" means a candidate's spouse or reciprocal beneficiary, as defined in section 572C-3, and any child, parent, grandparent, brother, or sister of the candidate, and the spouses or reciprocal beneficiaries of such persons.
"Independent expenditure" means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate committee, a party, or their agents.
"Individual" means a natural person.
"Internet activities" include:
(1) Sending or forwarding electronic messages;
(2) Providing a hyperlink or other direct access to another person's website;
(3) Blogging;
(4) Creating, maintaining, or hosting a website;
(5) Paying a nominal fee for the use of another person's website; and
(6) Any other form of communication distributed over the Internet.
"Limited liability company" means a business entity that is recognized as a limited liability company under the laws of the state in which it is established.
"Loan" means an advance of money, goods, or services, with a promise to repay in full or in part within a specified period of time. A loan does not include expenditures made on behalf of a candidate committee or noncandidate committee by a candidate, volunteer, or employee if:
(1) The candidate, volunteer, or employee's aggregate expenditures do not exceed $1,500 within a thirty-day period;
(2) A dated receipt and a written description of the name and address of each payee and the amount, date, and purpose of each expenditure is provided to the candidate committee or noncandidate committee before the candidate committee or noncandidate committee reimburses the candidate, volunteer, or employee; and
(3) The candidate committee or noncandidate committee reimburses the candidate, volunteer, or employee within forty-five days of the expenditure being made.
"Newspaper" means a publication of general distribution in the State issued once or more per month, which is written and published in the State.
"Noncandidate committee" means an organization, association, party, or individual that has the purpose of making or receiving contributions, making expenditures, or incurring financial obligations to influence the nomination for election, or the election, of any candidate to office, or for or against any question or issue on the ballot; provided that a noncandidate committee does not include:
(1) A candidate committee;
(2) Any individual making a contribution or making an expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this part; or
(3) Any organization that raises or expends funds for the sole purpose of producing and disseminating informational or educational communications that are not made to influence the outcome of an election, question, or issue on a ballot.
"Nonprofit organization" means an organization that is exempt from federal taxation under section 501(c)(4) of the Internal Revenue Code of 1986, as amended.
"Office" means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices.
"Other receipts" means the candidate's own funds, interest, rebates, refunds, and any other funds received by a candidate committee or noncandidate committee, but does not include contributions received from other persons or loans.
"Party" means any political party that satisfies the requirements of section 11-61.
"Person" means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees.
"Political committees established and maintained by a national political party" means:
(1) The National Committee;
(2) The House Campaign Committee; and
(3) The Senate Campaign Committee.
"Qualifying contribution" means an aggregate monetary contribution of $100 or less by an individual Hawaii resident during a matching payment period that is received after a candidate files a statement of intent to seek public funds. A qualifying contribution does not include a loan, an in-kind contribution, or the candidate's own funds.
"Special election" means any election other than a primary or general election.
"Treasurer" means a person appointed under section 11-324 and unless expressly indicated otherwise, includes deputy treasurers.
[L 2010, c 211, pt of §2; am L 2022, c 169, §3]
[ §11-303] Distribution of materially deceptive media; prohibited; penalties. (a) Except as provided in subsections (b) and (c), no person shall recklessly distribute, or enter into an agreement with another person to distribute, between the first working day of February in every even-numbered year through the next general election, materially deceptive media in reckless disregard of the risk of harming the reputation or electoral prospects of a candidate in an election or changing the voting behavior of voters in an election.
(b) Subsection (a) shall not apply to:
(1) A broadcaster, cable operator, or direct-to-home satellite provider unless it was involved in the creation of the materially deceptive media; or
(2) An interactive computer service, cloud service provider, or streaming service for content provided by another person or a developer or provider of any technology used in the creation of materially deceptive media, unless the interactive computer service, cloud service provider, or streaming service has knowledge that the content is deceptive and intends to deceive a resident of the State.
(c) Subsection (a) shall not apply if the media includes a disclaimer informing the viewer that the media has been manipulated by technical means and depicts appearance, speech, or conduct that did not occur; provided that:
(1) If the media is a video, the disclaimer shall:
(A) Appear throughout the entirety of the video;
(B) Be clearly visible to and readable by an observer;
(C) Be in letters at least as large as the largest size of any text communication; and
(D) Be in the same language as the language used in the video media;
(2) If the media is an image, the disclaimer shall:
(A) Be clearly visible to and readable by the observer;
(B) Be in letters at least as large as the largest text in the image if the media contains other text; and
(C) Be in the same language as the language used in the image media;
(3) If the media consists of only audio and contains no video or image, the disclaimer shall be read:
(A) At the beginning and end of the media in a clearly spoken manner;
(B) In a pitch that can be easily heard by the listener; and
(C) In the same language as the audio media; and
(4) If the media was generated by editing or creating new media from an existing video, image, or audio, the media shall include a citation directing the viewer or listener to the original sources from which the unedited version of the existing videos, images, or audios were obtained or generated.
(d) Unless otherwise specified in this section, a person who violates this section shall be guilty of a petty misdemeanor.
(e) A person who violates this section within five years of a previous conviction for a violation of this section shall be guilty of a misdemeanor.
(f) A person who violates this section with the intent to cause violence or bodily harm shall be guilty of a class C felony.
(g) The commission may assess a fine for a violation of this section or refer a violation of this section for criminal prosecution under subpart I.
(h) For the purposes of this section:
"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to:
(1) Perceive real and virtual environments;
(2) Abstract perceptions of real and virtual environments into models through analysis in an automated manner; and
(3) Use model inference to formulate opinions for information or action.
"Cloud service provider" means a third-party company that provides scalable computing resources that businesses can access on demand over a network, including cloud-based computing, storage, platform, and application services.
"Direct-to-home satellite provider" has the same meaning as defined in title 47 United States Code section 303(v).
"Distribute" means to convey information by any means.
"Interactive computer service" has the same meaning as defined in title 47 United States Code section 230(f)(2).
"Materially deceptive media" means any information, including any video, image, or audio, that:
(1) Is an advertisement;
(2) Depicts an individual engaging in speech or conduct in which the depicted individual did not in fact engage;
(3) Would cause a reasonable viewer or listener to believe that the depicted individual engaged in the speech or conduct depicted; and
(4) Was created by:
(A) Generative adversarial network techniques or another technique that translates a source image into another image using machine learning, deep learning techniques, and convolutional neural networks;
(B) Artificial intelligence; or
(C) Digital technology.
[L 2024, c 191, pt of §2]
[ §11-304] Distribution of materially deceptive media; civil remedies. (a) A depicted individual, including a candidate for election, whose appearance, speech, or conduct is altered or affected through the use of materially deceptive media, or any organization that represents the interest of voters likely to be deceived by the distribution of materially deceptive media, may bring an action for general or special damages against a person who violates section 11-303.
The court, in its action and in addition to any judgment awarded to the plaintiff or plaintiffs, may award a prevailing party reasonable attorney's fees and costs; provided that this subsection shall not limit or preclude a plaintiff from pursuing any other available remedy.
(b) A cause of action for injunctive or other equitable relief may be maintained against any person who is reasonably believed to violate or who is in the course of violating section 11-303 by:
(1) The attorney general;
(2) The campaign spending commission;
(3) A county attorney or county prosecutor;
(4) The depicted individual;
(5) A candidate for nomination or election to a public office who is injured or is likely to be injured by dissemination of materially deceptive media; or
(6) Any organization that represents the interest of voters likely to be deceived by the distribution of materially deceptive media.
A court may issue a temporary or permanent injunction or restraining order to prevent further harm to the plaintiff. If a plaintiff, other than the attorney general, campaign spending commission if represented by a state attorney, county attorney, or county prosecutor, is awarded permanent injunctive relief under this subsection, the court may award reasonable attorney's fees and costs to the plaintiff.
The court may issue a civil fine for the violation of a court order issued under this subsection in an amount of not more than $1,000 per day.
(c) For the purposes of this section:
"Distribute" has the same meaning as defined in section 11-303.
"Materially deceptive media" has the same meaning as defined in section 11-303.
[L 2024, c 191, pt of §2]
(a) There is established a campaign spending commission, which shall be placed within the department of accounting and general services for administrative purposes.
(b) The commission shall consist of five members representing the general public and who are appointed by the governor from a list of ten nominees submitted by the judicial council. A vacancy on the commission shall be filled from the list of nominees or by the reappointment of a commissioner whose term has expired, subject to the limit on length of service imposed by section 26-34. The judicial council shall meet and expeditiously select additional persons for the list of nominees whenever the number of the eligible nominees falls below five. Notwithstanding section 26-34, appointments to the commission shall not be subject to the advice and consent of the senate.
(c) The judicial council may solicit applications for the list of nominees through community organizations and advertisements in any newspaper.
[L 2010, c 211, pt of §2]
The term of each commissioner shall be four years.
[L 2010, c 211, pt of §2]
The commissioners shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties.
[L 2010, c 211, pt of §2]
The duties of the commission under this part are to:
(1) Develop and adopt forms required by this part;
(2) Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping;
(3) Preserve all reports required by this part for at least ten years from the date of receipt by the commission;
(4) Permit the inspection, copying, or duplication of any report required by this part pursuant to rules adopted by the commission under chapter 91; provided that this paragraph shall not apply to the sale or use of information under section 11-344;
(5) Ascertain whether any person has failed to file a report required by this part or has filed a substantially defective or deficient report. The commission shall notify the person by first class mail that a fine may be assessed for the failure to file or the filing of a substantially defective or deficient report, and the defective or deficient report shall be corrected and explained. All fines collected under this section as authorized by sections 11-340 and 11-410 shall be deposited in the general fund of the State;
(6) Hold public hearings;
(7) Investigate and hold hearings for receiving evidence of any violations pursuant to subpart I of this part;
(8) Adopt rules pursuant to chapter 91;
(9) Request the initiation of prosecution for the violation of this part pursuant to section 11-411;
(10) Administer and monitor the distribution of public funds under this part;
(11) Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part;
(12) Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation; provided that the commission shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission;
(13) Conduct random audits and field investigations, as necessary; and
(14) File for injunctive relief when indicated.
[L 2010, c 211, pt of §2; am L 2013, c 112, §3]
The commission may render written advisory opinions upon the request of any candidate, candidate committee, noncandidate committee, or other person or entity subject to this part, as to whether the facts and circumstances of a particular case constitute or will constitute a violation under this part. If no advisory opinion is rendered within ninety days after all information necessary to issue an opinion has been obtained, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation under this part. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the candidate, any candidate committee or noncandidate committee, or other person or entity subject to this part, who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the requester in the request for an advisory opinion. Nothing in this section shall be construed to allow the commission to issue rules through an advisory opinion.
[L 2010, c 211, pt of §2]
(a) No commissioner or employee of the commission shall participate in any political campaign, including making a contribution to a candidate, candidate committee, or noncandidate committee, during the commissioner's term of office or employee's term of employment.
(b) Each commissioner and employee of the commission shall retain the right to:
(1) Register and vote in any election;
(2) Participate in the nonpolitical activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(3) Be a member of a political party or other noncandidate political organization and participate in its activities to the extent consistent with law; and
(4) Otherwise participate fully in public affairs, except as prohibited by law, in a manner that does not materially compromise the commissioner's or the employee's efficiency or integrity as a commissioner or employee or the neutrality, efficiency, or integrity of the commission.
(c) Any commissioner or employee of the commission may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics under part II of chapter 84 or this section.
[L 2010, c 211, pt of §2]
(a) The commission shall be exempt from section 26-35(a)(1), (4), and (5) and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.
(b) The commission shall follow and be subject to all applicable personnel laws.
[L 2010, c 211, pt of §2]
(a) Each candidate committee or noncandidate committee shall register with the commission by filing an organizational report as set forth in section 11-322 or 11-323, as applicable.
(b) Before filing the organizational report, each candidate committee or noncandidate committee shall mail or deliver an electronic filing form to the commission.
(c) The electronic filing form shall include a written acceptance of appointment and certification of each report, as follows:
(1) A candidate committee shall file a written acceptance of appointment by the chairperson and treasurer and a certification by the candidate and treasurer of each filed report; or
(2) A noncandidate committee shall file a written acceptance of appointment by the chairperson and treasurer and a certification by the chairperson and treasurer of each filed report.
(d) The organizational report for a candidate committee shall be filed within ten days of the earlier of:
(1) The date the candidate files nomination papers for office; or
(2) The date the candidate or candidate committee receives contributions or makes or incurs expenditures of more than $100 in the aggregate during the applicable election period.
(e) An organizational report need not be filed under this section by an elected official who is a candidate for reelection to the same office in successive elections and has not sought election to any other office during the period between elections, unless the candidate is required to report a change in information pursuant to section 11-323.
(f) A candidate shall have only one candidate committee.
(g) The organizational report for a noncandidate committee shall be filed within ten days of receiving contributions or making or incurring expenditures of more than $500, in the aggregate, in a two-year election period; provided that within the thirty-day period before an election, a noncandidate committee shall register by filing an organizational report within two days of receiving contributions or making or incurring expenditures of more than $500, in the aggregate, in a two-year election period.
[L 2010, c 211, pt of §2; am L 2023, c 122, §2]
§11-322 Organizational report, candidate committee. (a) The candidate committee organizational report shall include:
(1) The committee's name and address, including web page address, if any;
(2) The candidate's name, address, and telephone number;
(3) The office being sought by the candidate, district, and party affiliation;
(4) The chairperson's name and address and, if appointed, the deputy chairperson's name and address;
(5) The treasurer's name and address and, if appointed, all deputy treasurers' names and addresses;
(6) The name and address of each depository institution in which the committee will maintain any of its accounts and the applicable account number; and
(7) A certification by the candidate and treasurer of the statements in the organizational report.
(b) Any change in information previously reported in the organizational report shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer.
(c) The commission shall publish on its website the names of all candidates who have failed to:
(1) File the organizational report; or
(2) Correct a report within two weeks after the commission provides a notice to correct.
[L 2010, c 211, pt of §2; am L 2018, c 80, §1; am L 2022, c 171, §1; am L 2023, c 5, §1]
§11-323 Organizational report, noncandidate committee. (a) The noncandidate committee organizational report shall include:
(1) The committee's name, which shall incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation is commonly known or clearly recognized by the general public. The committee's name shall not include the name of a candidate;
(2) The committee's address, including web page address, if any;
(3) The area, scope, or jurisdiction of the committee;
(4) The name and address of the committee's sponsoring entity. If the committee does not have a sponsoring entity, the committee shall specify the trade, profession, or primary interest of contributors to the committee;
(5) The name, address, telephone number, occupation, and principal place of business of the chairperson;
(6) The name, address, telephone number, occupation, and principal place of business of the treasurer and any other officers;
(7) An indication as to whether the committee was formed to support or oppose a specific ballot question or candidate and, if so, a brief description of the question or name of the candidate;
(8) An indication as to whether the committee is a political party committee;
(9) The name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts;
(10) The name and address of the depository institution in which the committee will maintain its campaign account and each applicable account number; and
(11) A certification by the chairperson and treasurer of the statements in the organizational report.
(b) Any change in information previously reported in the organizational report shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer.
(c) The commission shall publish on its website the names of all noncandidate committees who have failed to:
(1) File the organizational report; or
(2) Correct a report within two weeks after the commission provides a notice to correct.
[(d)] Any noncandidate committee that violates all or any part of this section shall be subject to a minimum fine of $1,000 per violation.
[L 2010, c 211, pt of §2; am L 2015, c 209, §1; am L 2018, c 81, §1; am L 2022, c 171, §2; am L 2023, c 5, §2 and c 127, §1]
(a) Every candidate committee or noncandidate committee shall appoint a treasurer on or before the day it files an organizational report. The following shall be permissible:
(1) Up to five deputy treasurers may be appointed;
(2) A candidate may be appointed as the treasurer or deputy treasurer; and
(3) An individual who is not an officer or treasurer may be appointed by the candidate, on a fee or voluntary basis, to specifically prepare and file reports with the commission.
(b) A treasurer may resign or be removed at any time.
(c) In case of death, resignation, or removal of the treasurer, the candidate, candidate committee, or noncandidate committee shall promptly appoint a successor. During the period that the office of treasurer is vacant, the candidate, candidate committee, or chairperson, or party chairperson in the case of a party, whichever is applicable, shall serve as treasurer.
(d) Only the treasurer and deputy treasurers shall be authorized to receive contributions or to make or incur expenditures on behalf of the candidate committee or noncandidate committee.
(e) The treasurer shall establish and maintain itemized records showing:
(1) The amount of each monetary contribution;
(2) The description and value of each nonmonetary contribution; and
(3) The name and address of each contributor making a contribution of more than $25 in value; provided that information regarding the employer and occupation of contributors shall also be collected and maintained for a noncandidate committee.
(f) The treasurer shall maintain detailed accounts, bills, receipts, and other records to establish that reports were properly prepared and filed.
(g) The records shall be retained for at least five years after the report is filed.
[L 2010, c 211, pt of §2]
No candidate committee or noncandidate committee that supports or opposes a candidate shall have an officer who serves as an officer on any other candidate committee or noncandidate committee that supports or opposes the same candidate.
[L 2010, c 211, pt of §2]
A candidate committee or noncandidate committee may terminate its registration if:
(1) The candidate committee or noncandidate committee:
(A) Files a request for registration termination form;
(B) Files a report disclosing contributions and expenditures not previously reported by the committee, and the committee has no surplus or deficit; and
(C) Mails or delivers to the commission a copy of the committee's closing bank statement; and
(2) The request is approved by the commission.
[L 2010, c 211, pt of §2]
(a) A ballot issue committee shall receive contributions or make expenditures only for or against any issue appearing on the ballot at the next applicable election.
(b) A ballot issue committee is prohibited from receiving contributions or making expenditures to influence the nomination or election of a candidate to office.
(c) A ballot issue committee shall return all surplus funds to the contributors or donate funds to a community service, educational, youth, recreational, charitable, scientific, or literary organization within ninety days after the election for which the issue appeared on the ballot. Surplus funds that are not returned or donated within ninety days after the election for which the issue appeared on the ballot shall escheat to the Hawaii election campaign fund.
(d) Every ballot issue committee shall terminate its registration with the commission by filing a termination report to be approved as provided in section 11-326. The termination report shall be filed within ninety days after the election for which the issue appeared on the ballot.
[L 2010, c 211, pt of §2]
(a) Every report required to be filed by a candidate or candidate committee shall be certified as complete and accurate by the candidate and treasurer.
(b) Every report required to be filed by a noncandidate committee shall be certified as complete and accurate by the chairperson and treasurer.
(c) All reports required to be filed under this part shall be filed on the commission's electronic filing system.
(d) For purposes of this part, whenever a report is required to be filed with the commission, "filed" means that a report shall be filed with the commission's electronic filing system by the date and time specified for the filing of the report by:
(1) The candidate or candidate committee of a candidate who is seeking election to the:
(A) Office of governor;
(B) Office of lieutenant governor;
(C) Office of mayor;
(D) Office of prosecuting attorney;
(E) County council;
(F) Senate;
(G) House of representatives; or
(H) Office of Hawaiian affairs; or
(2) A noncandidate committee required to be registered with the commission pursuant to section 11-323.
(e) To be timely filed, a committee's reports shall be filed with the commission's electronic filing system on or before 11:59 p.m. Hawaiian standard time on the filing date specified.
(f) All reports filed under this part are public records and shall be made available for public inspection on the commission's website in a searchable database.
[L 2010, c 211, pt of §2; am L 2011, c 5, §4; am L 2013, c 112, §4]
§11-332 REPEALED. L 2013, c 112, §§11, 15.
(a) The candidate and treasurer shall file preliminary, final, and supplemental reports that shall disclose the following information:
(1) The candidate committee's name and address;
(2) The cash on hand at the beginning of the reporting period and election period;
(3) The reporting period and election period aggregate totals for each of the following categories:
(A) Contributions;
(B) Expenditures;
(C) Other receipts; and
(D) Loans;
(4) The cash on hand at the end of the reporting period; and
(5) The surplus or deficit at the end of the reporting period.
(b) Schedules filed with the reports shall include the following additional information:
(1) The amount and date of deposit of each contribution and the name and address of each contributor who makes contributions aggregating more than $100 in an election period; provided that if all the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit;
(2) The amount and date of deposit of each contribution and the name, address, occupation, and employer of each contributor who makes contributions aggregating $1,000 or more during an election period; provided that if all the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit;
(3) All expenditures, including the name and address of each payee and the amount, date, and purpose of each expenditure. Expenditures for consultants, advertising agencies and similar firms, credit card payments, salaries, and committee reimbursements to the candidate or other individuals shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;
(4) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;
(5) Information about each loan received by the committee, together with the names and addresses of the lender and each person liable directly, and the amount of each loan. A copy of the executed loan document shall be received by the commission by mail or delivery on or before the filing date for the report covering the reporting period when the loan was received. The document shall contain the terms of the loan, including the interest and repayment schedule. Failure to disclose the loan or to provide documentation of the loan to the commission shall cause the loan to be treated as a contribution, subject to all relevant provisions of this part;
(6) A description of each durable asset, the date of acquisition, value at the time of acquisition, and the name and address of the vendor or contributor of the asset; and
(7) The date of disposition of each durable asset, value at the time of disposition, the method of disposition, and the name and address of the person receiving the asset.
(c) The candidate committee shall file a late contribution report as provided in section 11-338 if the committee receives late contributions from any person aggregating more than $500.
[L 2010, c 211, pt of §2; am L 2021, c 205, §1]
(a) The candidate and treasurer of the candidate committee of each candidate whose name will appear on the ballot shall file preliminary, final, and supplemental reports as follows:
(1) The filing dates for preliminary reports are:
(A) February 28 of the year of a general election;
(B) April 30 of the year of a general election;
(C) Thirty calendar days before a primary, initial special election, or initial nonpartisan election;
(D) Ten calendar days before a primary, initial special election, or initial nonpartisan election;
(E) October 1 of the year of a general election; and
(F) Ten calendar days before a general, subsequent special election, or subsequent nonpartisan election;
provided that the preliminary reports required by subparagraphs (E) and (F) shall not be required from a candidate who is unsuccessful in a primary, initial special election, or initial nonpartisan election, or a candidate who is elected to office in the primary, initial special election, or initial nonpartisan election. The preliminary report filed by the date required under subparagraph (C) shall be current through June 30, and all other preliminary reports shall be current through the fifth calendar day before the filing deadline of those other preliminary reports;
(2) The filing date for the final primary report is twenty calendar days after a primary, initial special election, or initial nonpartisan election. The report shall be current through the day of the applicable election;
(3) The filing date for the final election period report is thirty calendar days after a general, subsequent, subsequent special election, or subsequent nonpartisan election. The report shall be current through the day of the applicable election. The final election period report shall be filed by a candidate who is unsuccessful in a primary, initial special election, or initial nonpartisan election or a candidate who is elected to office in the primary, initial special election, or initial nonpartisan election; provided that a candidate who is elected and is to be sworn into office before thirty calendar days after a general, subsequent, subsequent special election, or subsequent nonpartisan election in which the candidate was elected, shall file the final election period report three business days before the date the candidate is to be sworn into office; and
(4) The filing dates for supplemental reports are:
(A) January 31 annually; and
(B) July 31 after an election year.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.
(b) A candidate and treasurer of the candidate committee of each candidate with a deficit or surplus whose name will not appear on the ballot in the immediately succeeding election shall file a supplemental report every six months on January 31 and July 31 until:
(1) The candidate's name appears on the ballot and then is subject to the reporting requirements in subsection (a); or
(2) The committee's registration is terminated as provided in section 11-326.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.
(c) A candidate and treasurer of the candidate committee of each candidate shall continue to file all required reports until the committee's registration is terminated as provided in section 11-326.
[L 2010, c 211, pt of §2; am L 2012, c 118, §1; am L 2017, c 97, §1; am L 2019, c 241, §1; am L 2022, c 3, §1; am L 2023, c 119, §1]
(a) The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file preliminary, final, and supplemental reports that disclose the following information:
(1) The noncandidate committee's name and address;
(2) The cash on hand at the beginning of the reporting period and election period;
(3) The reporting period and election period aggregate totals for each of the following categories:
(A) Contributions received;
(B) Contributions made;
(C) Expenditures; and
(D) Other receipts;
(4) The cash on hand at the end of the reporting period; and
(5) The surplus or deficit at the end of the reporting period.
(b) Schedules filed with the reports shall include the following additional information:
(1) The amount and date of deposit of each contribution received and the name, address, occupation, and employer of each contributor making a contribution aggregating more than $100 during an election period, which was not previously reported pursuant to this section; provided that if:
(A) All the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit; and
(B) A noncandidate committee making only independent expenditures receives a contribution of more than $10,000 in the aggregate in an election period from an entity other than an individual, for-profit business entity, or labor union, then the schedule shall include:
(i) The internet address where the contributing entity's disclosure report can be publicly accessed, if the contributing entity is subject to state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;
(ii) The name, address, occupation, and employer of each funding source that contributed $100 or more in the aggregate in an election period to that contributing entity; or
(iii) An acknowledgment that the contributing entity is not subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;
(2) The amount and date of each contribution made and the name and address of the candidate, candidate committee, or noncandidate committee to which the contribution was made;
(3) All expenditures, including the name and address of each payee and the amount, date, and purpose of each expenditure; provided that:
(A) Expenditures for advertisements or electioneering communications shall include the names of the candidates supported, opposed, or clearly identified;
(B) Expenditures for consultants, advertising agencies and similar firms, credit card payments, and salaries shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;
(C) Independent expenditures shall include the name of any candidate supported, opposed, or clearly identified; and
(D) The purpose of an independent expenditure shall include the name of the candidate who is supported or opposed by the expenditure, and whether the expenditure supports or opposes the candidate;
(4) For noncandidate committees making only independent expenditures, certification that no expenditures have been coordinated with a candidate, candidate committee, or any agent of a candidate or candidate committee;
(5) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;
(6) A description of each durable asset, the date of acquisition, value at the time of acquisition, and the name and address of the vendor or contributor of the asset;
(7) The date of disposition of a durable asset, value at the time of disposition, method of disposition, and name and address of the person receiving the asset; and
(8) For donations received by a nonprofit organization subject to this chapter and operating as a noncandidate committee, the amount and date of deposit of each donation received and the name and address of each donor making a donation individually or aggregating more than $10,000 during an election period, which was not previously reported pursuant to this section; provided that a schedule filed pursuant to this section shall not include a donor if the donor has not provided consent pursuant to section 11-345.
(c) No loan may be made or received by a noncandidate committee.
(d) The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file a late contribution report as provided in section 11-338 if the committee receives late contributions from any person aggregating more than $500 or makes late contributions aggregating more than $500.
[L 2010, c 211, pt of §2; am L 2013, c 111, §1 and c 112, §5; am L 2015, c 209, §2; am L 2021, c 205, §2; am L 2022, c 169, §4]
(a) The filing dates for preliminary reports are:
(1) Ten calendar days prior to a primary, special, or nonpartisan election;
(2) Ten calendar days prior to a general election; and
(3) October 1 of the year of a general election.
Each preliminary report shall be current through the fifth calendar day prior to the filing of the report.
(b) The filing date for the final primary report is twenty calendar days after the primary, initial special, or initial nonpartisan election. The report shall be current through the day of the applicable election.
(c) The filing date for the final election period report is thirty calendar days after a general, subsequent special, or subsequent nonpartisan election. The report shall be current through the day of the applicable election.
(d) The filing dates for supplemental reports are:
(1) January 31; and
(2) July 31 after an election year.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.
(e) The authorized person in the case of a party, or treasurer in the case of any other noncandidate committee, shall continue to file all reports until the committee's registration is terminated as provided in section 11-326.
[L 2010, c 211, pt of §2; am L 2013, c 111, §2; am L 2015, c 79, §1]
(a) For purposes of this part, an expenditure is deemed to be made or incurred when the services are rendered or the product is delivered. Services rendered or products delivered for use during a reporting period are deemed delivered or rendered during the period or periods of use; provided that these expenditures shall be reasonably allocated between periods in accordance with the time the services or products are actually used.
(b) Any expenditure that is contracted or paid for and that is to be rendered during the last three days prior to an election shall be included in a late expenditure report as provided in section 11-338.
[L 2010, c 211, pt of §2; am L 2013, c 112, §6]
(a) The candidate, authorized person in the case of a noncandidate committee that is a party, or treasurer in the case of a candidate committee or other noncandidate committee, that, within the period of fourteen calendar days through four calendar days before any election for which the candidate is on the ballot, makes contributions aggregating more than $500, or receives contributions from any person aggregating more than $500, shall file a late contribution report by means of the commission's electronic filing system on or before the third calendar day before the election for which the candidate is on the ballot.
(b) The late contribution report shall include the following information:
(1) Name, address, occupation, and employer of the contributor;
(2) Name of the candidate, candidate committee, or noncandidate committee making or receiving the contribution; provided that, for noncandidate committees making only independent expenditures, if a late contribution greater than $5,000 in the aggregate is received from an entity other than an individual, for-profit business entity, or labor union, then the report shall include:
(A) The internet address where the contributing entity's disclosure report can be publicly accessed, if the contributing entity is subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;
(B) The name, address, occupation, and employer of each funding source of more than $100 in the aggregate to that contributing entity; or
(C) An acknowledgment that the contributing entity is not subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;
(3) The amount of the contribution received;
(4) The amount of the contribution made;
(5) The contributor's aggregate contributions to the candidate, candidate committee, or noncandidate committee;
(6) The purpose, if any, to which the contribution will be applied, including, for contributions to a noncandidate committee, the name of any candidate supported, opposed, or clearly identified; and
(7) For a nonprofit organization filing a late contribution report, the amount and date of deposit of each donation received and the name and address of each donor making a donation individually or aggregating more than $10,000 during an election period, which was not previously reported pursuant to section 11-335; provided that a schedule filed pursuant to this section shall not include a donor if the donor has not provided consent pursuant to section 11-345.
(c) A noncandidate committee that makes independent expenditures in an aggregate amount of more than $500 within the period between fourteen and four calendar days prior to any election shall file a late expenditure report by means of the commission's electronic filing system on or before the third calendar day prior to the election. The late expenditure report shall include the following information for each expenditure:
(1) The amount and date made;
(2) The vendor name, address, and contact information; and
(3) The purpose, including the name of any candidate supported, opposed, or clearly identified by the expenditure.
(d) A late contribution report or late expenditure report filed pursuant to this section shall be in addition to any other report required to be filed by this part.
[L 2010, c 211, pt of §2; am L 2013, c 112, §7; am L 2015, c 209, §3; am L 2021, c 195, §1; am L 2022, c 169, §5]
(a) Any provision of law to the contrary notwithstanding, a candidate committee or noncandidate committee whose aggregate contributions and aggregate expenditures for the election period total $1,000 or less, shall electronically file only a final election period report, and need not file a preliminary and final primary report, a preliminary and final general report, or a special election report.
(b) By June 30 of an election year, a candidate committee that does not intend to receive contributions and make expenditures that aggregate more than $1,000 in an election period shall notify the commission of its intent in the candidate committee's organizational report.
(c) By the fifth calendar day before the due date of the preliminary primary report that is due ten days before the election, a noncandidate committee that does not intend to receive contributions and make expenditures that aggregate more than $1,000 in an election period shall notify the commission of its intent in the noncandidate committee's organizational report.
(d) Until the candidate committee's or noncandidate committee's registration is terminated as provided in section 11-326, supplemental reports and other reports required by this part shall be filed.
[L 2010, c 211, pt of §2; am L 2019, c 8, §1; am L 2022, c 3, §2]
§ 11-340 Failure to file report; filing a substantially defective or deficient report. (a) True and accurate reports shall be filed with the commission on or before the due dates specified in this part. The commission may assess a fine against a person that is required to file a report under this part if the report is not filed by the due date or if the report is substantially defective or deficient, as determined by the commission.
(b) The fine for not filing a report by the due date, if assessed, shall not exceed $50 per day for the first seven days, beginning with the day after the due date of the report, and shall not exceed $200 per day thereafter; provided that:
(1) In aggregate, the fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and
(2) The minimum fine for a report filed more than four days after the due date, if assessed, shall be $200.
(c) Subsection (b) notwithstanding, if a candidate committee does not file the preliminary primary report that is due ten calendar days prior to a primary, initial special, or initial nonpartisan election, or the preliminary general report that is due ten calendar days prior to a general, subsequent special, or subsequent nonpartisan election; or if a noncandidate committee does not file the preliminary primary report that is due ten calendar days prior to a primary, special, or nonpartisan election, or the preliminary general report that is due ten calendar days prior to a general election by the due date, the fine, if assessed, shall not exceed $300 per day; provided that, in aggregate:
(1) The fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and
(2) The minimum fine, if assessed, shall be $300.
(d) If the commission determines that a report is substantially defective or deficient, the commission shall notify the candidate committee by first class mail that:
(1) The report is substantially defective or deficient; and
(2) A fine may be assessed.
(e) If the corrected report is not filed with the commission's electronic filing system on or before the fourteenth day after the notice of defect or deficiency has been mailed, the fine, if assessed, for a substantially defective or deficient report shall not exceed $50 per day for the first seven days, beginning with the fifteenth day after the notice was sent, and shall not exceed $200 per day thereafter; provided that:
(1) In aggregate, the fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and
(2) The minimum fine for not filing a corrected report more than eighteen days after the notice, if assessed, shall be $200.
(f) The commission shall publish on its website the names of all candidate and noncandidate committees that have failed to:
(1) File a report; or
(2) Correct a report within two weeks from the notice to correct provided by the commission.
(g) All fines collected under this section shall be deposited into the general fund.
[L 2010, c 211, pt of §2; am L 2013, c 112, §8; am L 2017, c 108, §1 and c 109, §1; am L 2021, c 204, §1]
(a) Each person who makes an expenditure for electioneering communications in an aggregate amount of more than $1,000 during any calendar year shall file with the commission a statement of information within twenty-four hours of each disclosure date provided in this section.
(b) Each statement of information shall contain the following:
(1) The name of the person making the expenditure, name of any person or entity sharing or exercising discretion or control over the person, and the custodian of the books and accounts of the person making the expenditure;
(2) The names and titles of the executives or board of directors who authorized the expenditure, if the expenditure was made by a noncandidate committee, business entity, or an organization;
(3) The state of incorporation or formation and principal address of the noncandidate committee, business entity, or organization or for an individual, the name, address, occupation, and employer of the individual making the expenditure;
(4) The amount of each expenditure during the period covered by the statement of information and the identification of the person to whom the expenditure was made;
(5) The elections to which the electioneering communications pertain and the names of any clearly identifiable candidates and whether those candidates are supported or opposed;
(6) If the expenditures were made by a noncandidate committee, the names and addresses of all persons who contributed to the noncandidate committee for the purpose of publishing or broadcasting the electioneering communications;
(7) If the expenditures were made by an organization other than a noncandidate committee, the names and addresses of all persons who contributed to the organization for the purpose of publishing or broadcasting the electioneering communications;
(8) If the expenditures were made by a nonprofit organization, the amount and date of the deposit of each donation received and the name and address of each donor making a donation individually or aggregating more than $10,000 during an election period, which was not previously reported pursuant to section 11-335; provided that a schedule filed pursuant to this section shall not include a donor's name or address if the donor has not provided consent pursuant to section 11-345;
(9) Whether any electioneering communication is made in coordination, cooperation, or concert with or at the request or suggestion of any candidate, candidate committee, or noncandidate committee, or agent of any candidate if any, and if so, the identification of the candidate, candidate committee, or noncandidate committee, or agent involved; and
(10) The three top contributors as required under section 11-393, if applicable.
(c) An electioneering communication statement of information filed pursuant to this section shall be in addition to the filing of any other report required under this part.
(d) For purposes of this section:
"Disclosure date" means, for every calendar year, the first date during the calendar year on which an electioneering communication is publicly distributed, and the date on which any subsequent electioneering communication is publicly distributed; provided that the person making the electioneering communication has made expenditures for electioneering communications of more than $2,000 in the aggregate. "Disclosure date" for mailers means the date the mailers are first mailed.
"Person" shall not include a candidate or candidate committee.
(e) For purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure.
[L 2010, c 211, pt of §2; am L 2013, c 112, §9; am L Sp 2021, c 3, §1; am L 2022, c 169, §6]
(a) No fundraiser shall be held unless a notice of intent to hold the fundraiser is filed with the commission setting forth the name and address of the person in charge, the price per person, the date, hour, and place of the fundraiser, and the method thereof.
(b) The person in charge of the fundraiser shall file the notice with the commission prior to the fundraiser.
(c) During any regular session or special session of the state legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, no elected official shall hold a fundraiser event.
(d) As used in this section:
"Elected official" means an individual who currently holds an elected state or county office, including the governor, lieutenant governor, state senator, state representative, trustee of the office of Hawaiian affairs, county mayor, county council member, county prosecuting attorney, and any individual appointed to serve in any of the aforementioned offices.
"Fundraiser" means any function held for the benefit of a candidate, candidate committee, or noncandidate committee that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function.
"Fundraiser event" means any function held for the benefit of an elected official that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function.
[L 2010, c 211, pt of §2; am L 2022, c 283, §2; am L 2023, c 4, §1]
When any reporting deadline falls on a Saturday, Sunday, or holiday designated in section 8-1, the reporting deadline shall be the next succeeding day that is not a Saturday, Sunday, or holiday.
[L 2010, c 211, pt of §2]
No information in the reports or copies of the reports filed with the commission shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose.
[L 2010, c 211, pt of §2]
(a) A nonprofit organization subject to this chapter and operating as a noncandidate committee may use a donation for electioneering communications, independent expenditures, or contributions only upon receipt of written consent from the donor to use the donation for electioneering communications, independent expenditures, or contributions.
(b) A nonprofit organization subject to this chapter and operating as a noncandidate committee shall provide written notice to donors that the donor's name and address may be reported pursuant to this chapter in a public document if the donor provides written consent to use the donation for electioneering communications, independent expenditures, or contributions.
(c) If the donor fails to provide written consent that the donation may be used for electioneering communications, independent expenditures, or contributions, the nonprofit organization shall, within thirty days of receipt of the donation, transmit to the donor a written confirmation by the nonprofit organization's highest ranking official that the donation will not be used for electioneering communications, independent expenditures, or contributions; and the name and address of the donor will not be reported by the nonprofit organization pursuant to this chapter.
(d) Only a nonprofit organization subject to this chapter and operating as a noncandidate committee shall be subject to the reporting requirements of this section.
[L 2022, c 169, §2]
(a) Monetary contributions and other campaign funds shall be promptly deposited in a depository institution, as defined by section 412:1-109, duly authorized to do business in the State, including a bank, savings bank, savings and loan association, depository financial services loan company, credit union, intra-Pacific bank, or similar financial institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration in the name of the candidate, candidate committee, or noncandidate committee, whichever is applicable.
(b) A candidate, candidate committee, or noncandidate committee, shall not accept a contribution of more than $100 in cash, in the aggregate, from a single person during each election period and shall issue a receipt to the contributor and keep a record of the contribution.
(c) Each candidate committee or noncandidate committee shall disclose the original source of all earmarked funds, the ultimate recipient of the earmarked funds, and the fact that the funds are earmarked.
[L 2010, c 211, pt of §2; am L 2023, c 6, §1]
(a) No person shall make a contribution to any candidate, candidate committee, or noncandidate committee in any name other than that of the person who owns the money, property, or service.
(b) All contributions made in the name of a person other than the owner of the money, property, or service shall escheat to the Hawaii election campaign fund.
[L 2010, c 211, pt of §2]
(a) Except as provided in subsection (d), no person shall make an anonymous contribution to any candidate, candidate committee, or noncandidate committee.
(b) A candidate, candidate committee, or noncandidate committee shall not knowingly receive, accept, or retain an anonymous contribution, or report such contribution as an anonymous contribution, except as provided in this section.
(c) An anonymous contribution shall not be used or expended by the candidate, candidate committee, or noncandidate committee, but shall be returned to the contributor. If the contributor cannot be identified, the contribution shall escheat to the Hawaii election campaign fund.
(d) This section shall not apply to amounts that aggregate to less than $100 that are received from ten or more persons at the same political function. The receipt of these contributions shall be disclosed in a report filed pursuant to sections 11-333 and 11-335.
[L 2010, c 211, pt of §2; am L 2015, c 78, §1]
(a) Except as provided in subsection (b), no person shall solicit a contribution in a government facility that is used for the discharge of official duties by an officer or employee of the State or county.
(b) The prohibition in subsection (a) shall not apply to any government facility that permits use by nongovernmental organizations for a fee or with reservations; provided that the government facility's use rules do not prohibit political activities on the premises. Government facilities that permit use for political activities shall be available to a candidate, candidate committee, or noncandidate committee for fundraising activities pursuant to the same terms and conditions that would otherwise apply to use by nongovernmental organizations.
(c) A person who violates the prohibition of fundraising on state or county property shall be guilty of a misdemeanor.
[L 2010, c 211, pt of §2]
(a) It shall be unlawful for any person who enters into any contract with the State, any of the counties, or any department or agency thereof either for the rendition of personal services, the buying of property, or furnishing of any material, supplies, or equipment to the State, any of the counties, any department or agency thereof, or for selling any land or building to the State, any of the counties, or any department or agency thereof, if payment for the performance of the contract or payment for material, supplies, equipment, land, property, or building is to be made in whole or in part from funds appropriated by the legislative body, at any time between the execution of the contract through the completion of the contract, to:
(1) Directly or indirectly make any contribution, or promise expressly or impliedly to make any contribution to any candidate committee or noncandidate committee, or to any candidate or to any person for any political purpose or use; or
(2) Knowingly solicit any contribution from any person for any purpose during any period.
(b) Except as provided in subsection (a), this section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any noncandidate committee by any person other than the state or county contractor for the purpose of influencing the nomination for election, or the election of any person to office.
(c) For purposes of this section, "completion of the contract" means that the parties to the government contract have either terminated the contract prior to completion of performance or fully performed the duties and obligations under the contract, no disputes relating to the performance and payment remain under the contract, and all disputed claims have been adjudicated and are final.
[L 2010, c 211, pt of §2]
(a) Except as provided in subsection (b), no contributions or expenditures shall be made to or on behalf of a candidate, candidate committee, or noncandidate committee, by a foreign national or foreign corporation, including a domestic subsidiary of a foreign corporation, a domestic corporation that is owned by a foreign national, or a local subsidiary where administrative control is retained by the foreign corporation, and in the same manner prohibited under 2 United States Code section 441e and 11 Code of Federal Regulations section 110.20, as amended.
(b) A foreign-owned domestic corporation may make contributions if:
(1) Foreign national individuals do not participate in election-related activities, including decisions concerning contributions or the administration of a candidate committee or noncandidate committee; or
(2) The contributions are domestically-derived.
[L 2010, c 211, pt of §2]
(a) No person shall make contributions to:
(1) A candidate seeking nomination or election to a two-year office or to a candidate committee in an aggregate amount greater than $2,000 during an election period;
(2) A candidate seeking nomination or election to a four-year nonstatewide office or to a candidate committee in an aggregate amount greater than $4,000 during an election period; or
(3) A candidate seeking nomination or election to a four-year statewide office or to a candidate committee in an aggregate amount greater than $6,000 during an election period.
(b) For purposes of this section, the length of term of an office shall be the usual length of term of the office as unaffected by reapportionment, a special election to fill a vacancy, or any other factor causing the term of the office the candidate is seeking to be less than the usual length of term of that office.
[L 2010, c 211, pt of §2]
No person shall make contributions to a noncandidate committee in an aggregate amount greater than $1,000 in an election. This section shall not apply to ballot issue committees.
[L 2010, c 211, pt of §2]
(a) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the minor's parent or guardian.
(b) A contribution by the candidate's immediate family shall be exempt from section 11-357, but shall be limited in the aggregate to $50,000 in any election period; provided that the aggregate amount of loans and contributions received from the candidate's immediate family does not exceed $50,000 during an election period.
[L 2010, c 211, pt of §2; am L 2014, c 48, §1]
(a) No person shall make contributions to a party in an aggregate amount greater than $25,000 in any two-year election period, except as provided in subsection (b).
(b) No political committee established and maintained by a national political party shall make contributions to a party in an aggregate amount greater than $50,000 in any two-year election period.
(c) If a person makes a contribution to a party that is earmarked for a candidate or candidates, the contribution shall be deemed to be a contribution from both the original contributor and the party distributing such funds to a candidate or candidates. The earmarked funds shall be promptly distributed by the party to the candidate.
(d) This section shall not prohibit a candidate from making contributions to the candidate's party if contributions are not earmarked for another candidate.
[L 2010, c 211, pt of §2]
(a) All contributions and expenditures of a person whose contributions or expenditures are financed, maintained, or controlled by any corporation, labor organization, association, party, or any other person, including any parent, subsidiary, branch, division, department, or local unit of the corporation, labor organization, association, party, political committees established and maintained by a national political party, or by any group of those persons shall be considered to be made by a single person.
(b) A contribution by a partnership shall not exceed the limitations in this section and shall be attributed to the partnership and to each partner in direct proportion to the partner's share of the partnership profits, according to instructions that shall be provided by the partnership to the party, candidate, or committee receiving the contribution.
(c) A contribution by a limited liability company shall be treated as follows:
(1) A contribution by a limited liability company that is treated as a partnership by the Internal Revenue Service shall be considered a contribution from a partnership;
(2) A contribution by a limited liability company that is treated as a corporation by the Internal Revenue Service shall be considered a contribution from a corporation;
(3) A contribution by a limited liability company with a single individual member that is not treated as a corporation by the Internal Revenue Service shall be attributed only to that single individual member; and
(4) A limited liability company that makes a contribution shall, at the time the limited liability company makes the contribution, provide information to the party, committee, or candidate receiving the contribution specifying how the contribution is to be attributed.
(d) A person's contribution to a party that is earmarked for a candidate or candidates shall be included in the aggregate contributions of both the person and the party. The earmarked funds shall be promptly distributed by the party to the candidate.
(e) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the minor's parent or guardian.
[L 2010, c 211, pt of §2]
(a) Contributions from all persons who are not residents of the State at the time the contributions are made shall not exceed thirty per cent of the total contributions received by a candidate or candidate committee for each election period.
(b) This section shall not be applicable to contributions from the candidate's immediate family.
[L 2010, c 211, pt of §2]
(a) Expenditures or disbursements for electioneering communications, or any other coordinated activity made by any person for the benefit of a candidate in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate committee, or their agents, shall be considered to be a contribution to the candidate and expenditure by the candidate.
(b) The financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written or other campaign materials prepared by the candidate, candidate committee, or their agents shall be considered to be a contribution to the candidate.
This subsection shall not apply if the campaign material is:
(1) Prepared and used by candidates for governor or lieutenant governor, or their candidate committees, supporting a co-candidate in the general election;
(2) Disseminated, distributed, or republished by the candidate or the candidate committee that prepared the material;
(3) Incorporated into an advertisement or electioneering communication by a different candidate, or by a noncandidate committee, advocating the defeat of the candidate that originally prepared that material; or
(4) Incorporated into a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the candidate or the candidate committee that prepared the material also owns or controls the broadcast station or publisher.
(c) For purposes of this section, "coordinated activity" means:
(1) The payment by any person in cooperation, consultation, or concert with, at the request of, or pursuant to, any general or particular understanding with a candidate, candidate committee, the party of a candidate, or an agent of a candidate, candidate committee, or the party of a candidate;
(2) The payment by any person for the production, dissemination, distribution, or republication of any written, graphic, or other form of campaign material, in whole or in part, prepared by a candidate, candidate committee, or noncandidate committee, or an agent of a candidate, candidate committee, or noncandidate committee; or
(3) Any payment by any person or contract for any electioneering communication where the payment is coordinated with a candidate, candidate committee, the party of the candidate, or an agent of a candidate, candidate committee, or the party of the candidate.
(d) No expenditure for a candidate who files an affidavit with the commission agreeing to limit aggregate expenditures by the candidate, including coordinated activity by any person, shall be made or incurred by a candidate committee or noncandidate committee without authorization of the candidate or the candidate's authorized representative. Every expenditure so authorized and made or incurred shall be attributed to the candidate with whom the candidate committee or noncandidate committee is directly associated for the purpose of imposing the expenditure limitations set forth in section 11-423.
[L 2010, c 211, pt of §2; am L 2017, c 98, §1; am L 2022, c 169, §7]
(a) Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-357, 11-358, 11-359, or 11-360 shall return any excess contribution to the contributor within thirty days of receipt of the excess contribution. Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-362 shall return any excess contribution to the contributor within thirty days of the end of the election period; provided that the candidate, candidate committee, or noncandidate committee may choose which contributions to return. Any excess contribution not returned to the contributor within thirty days shall escheat to the Hawaii election campaign fund.
(b) A candidate, candidate committee, or noncandidate committee that complies with this section prior to the initiation of administrative action shall not be subject to any fine under section 11-410.
[L 2010, c 211, pt of §2; am L 2021, c 207, §1]
(a) During any regular session or special session of the legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321. No elected official, candidate, candidate committee, or other individual required to file an organizational report pursuant to section 11-321 shall accept, or agree to accept at a later time, any contribution from a lobbyist during the specified period under this subsection. Any contribution prohibited by this subsection shall escheat to the Hawaii election campaign fund. An elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321, alleged to have received a prohibited contribution in violation of this section, shall be administratively referred by the state ethics commission executive director to the campaign spending commission.
(b) For the purposes of this section:
"Elected official" has the same meaning as in section 11-342.
"Lobbyist" means any person actively registered as a lobbyist with a state or county ethics board or commission.
"Session" means a period in which both legislative houses are in session.
[L 2023, c 128, §2; am L 2025, c 64, §2]
[ §11-366] Solicitations relating to disasters. (a) No candidate, candidate committee, or noncandidate committee shall solicit a contribution in a manner that would lead a reasonable person to believe that the solicited contribution would primarily be used to provide assistance to persons directly affected by a disaster unless the solicitation includes an explicit disclosure that:
(1) The solicited contributions are subject to state campaign finance law;
(2) Contributions may be used to influence the outcomes of elections for political office or votes relating to ballot questions; and
(3) Persons affected by the disaster may not necessarily benefit from any solicited contribution.
(b) The disclosure described in subsection (a) shall be prominently displayed or announced in a manner that a reasonable person is likely to notice while reading, listening to, or observing the remainder of the solicitation.
(c) A person who violates this section shall be guilty of a class C felony.
(d) For the purposes of this section, "disaster" shall have the same meaning as defined in section 127A-2.
[L 2024, c 16, §1]
(a) A candidate or candidate committee may receive a loan from any or all of the following:
(1) The candidate's own funds;
(2) A financial institution regulated by the State or a federally chartered depository institution and made in accordance with applicable law in the ordinary course of business;
(3) The candidate's immediate family in an aggregate amount not to exceed $50,000 during an election period; provided that the aggregate amount of loans and contributions received from the immediate family shall not exceed $50,000 during an election period; and
(4) Persons other than the candidate, a financial institution described in paragraph (2), or the candidate's immediate family, in an aggregate amount not to exceed $10,000 during an election period; provided that:
(A) If the $10,000 limit for loans from persons other than the immediate family is reached, the candidate and candidate committee shall be prohibited from receiving or accepting any other loans until the $10,000 is repaid in full; and
(B) If a loan from persons other than the candidate's immediate family is not repaid within one year of the date that the loan is made, the candidate and candidate committee shall be prohibited from accepting any other loans. All campaign funds, including contributions subsequently received, shall be used to repay the outstanding loan in full.
(b) For purposes of this section, a "loan" does not include expenditures made on behalf of a candidate committee by a candidate, volunteer, or employee if:
(1) The candidate's, volunteer's, or employee's aggregate expenditures do not exceed $1,500 within a thirty-day period;
(2) A dated receipt and a written description of the name and address of each payee and the amount, date, and purpose of each expenditure is provided to the candidate committee before the candidate committee reimburses the candidate, volunteer, or employee; and
(3) The candidate committee reimburses the candidate, volunteer, or employee within forty-five days of the expenditures being made.
[L 2010, c 211, pt of §2]
(a) Every loan shall be reported as provided in section 11-333.
(b) Every loan in excess of $100 shall be documented as provided in section 11-333.
(c) A loan shall be treated as a contribution, subject to all relevant provisions of this part, if the loan is not reported or documented as provided in section 11-333.
[L 2010, c 211, pt of §2]
A noncandidate committee shall not receive or make a loan.
[L 2010, c 211, pt of §2]
(a) Campaign funds may be used by a candidate, treasurer, or candidate committee:
(1) For any purpose directly related:
(A) In the case of the candidate, to the candidate's own campaign; or
(B) In the case of a candidate committee or treasurer of a candidate committee, to the campaign of the candidate, question, or issue with which they are directly associated;
(2) To purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit to the candidate; provided that the candidate shall reimburse the candidate's candidate committee for the candidate's personal use of these items unless the personal use is de minimis;
(3) To make donations to any community service, educational, youth, recreational, charitable, scientific, or literary organization; provided that in any election period, the total amount of all donations shall be not more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no donations shall be made from the date the candidate files nomination papers to the date of the general election unless the candidate is:
(A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41;
(B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or
(C) Unsuccessful in the primary or special primary election;
(4) To make donations to any public school or public library; provided that in any election period, the total amount of all contributions shall be not more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that any donation under this paragraph shall not be aggregated with or imputed toward any limitation on donations pursuant to paragraph (3);
(5) To award scholarships to full-time students attending an institution of higher education or a vocational education school in a program leading to a degree, certificate, or other recognized educational credential; provided that in any election period, the total amount of all scholarships awarded shall be not more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no awards shall be made from the filing deadline for nomination papers to the date of the general election unless the candidate is:
(A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41;
(B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or
(C) Unsuccessful in the primary or special primary election;
(6) To purchase not more than two tickets for each event held by another candidate or committee, regardless of whether the event constitutes a fundraiser as defined in section 11-342;
(7) To make contributions to the candidate's party so long as the contributions are not earmarked for another candidate;
(8) To pay for ordinary and necessary expenses incurred in connection with the candidate's duties as a holder of an office, including expenses incurred for memberships in civic or community groups; or
(9) To pay for the candidate's child care or vital household dependent care costs; provided that:
(A) The child care or vital household dependent care costs would not have been incurred but for the candidate's participation in the candidate's own campaign activity;
(B) Qualifying child care or vital household dependent care costs shall be limited to costs for child care or vital household dependent care services from the date the candidate files nomination papers to the day after the date of the primary or general election in which the candidate appears on the ballot; and
(C) The child care or vital household dependent care services shall not be provided by immediate family.
As used in this paragraph:
"Child" means a person under twelve years of age who is a biological, adopted, or foster child; a stepchild; or a legal ward of the candidate.
"Child care" means a situation where a person or organization has agreed to assume and has been entrusted with responsibility for the supervision, development, safety, and protection of the candidate's child.
"Vital household dependent" means a person, such as a family member, living in the candidate's household who is physically or mentally incapable of self-care.
"Vital household dependent care" means a situation where a person or organization has agreed to assume and has been entrusted with responsibility for the supervision, development, safety, and protection of the candidate's vital household dependent.
(b) Campaign funds may be used for the candidate's next subsequent election upon registration for the election pursuant to section 11-321.
[L 2010, c 211, pt of §2; am L 2012, c 20, §2; am L 2016, c 247, §1; am L 2019, c 107, §1; am L 2025, c 19, §1]
Campaign funds shall not be used:
(1) To support the campaigns of candidates other than the candidate with which they are directly associated;
(2) To campaign against any other candidate not directly opposing the candidate with which they are directly associated; or
(3) For personal expenses.
[L 2010, c 211, pt of §2]
Notwithstanding sections 11-381 and 11-382:
(1) A party may support more than one candidate; and
(2) A candidate for the office of governor or lieutenant governor may support a co-candidate in the general election.
[L 2010, c 211, pt of §2]
(a) The candidate committee and candidate who receives contributions for an election but fails to file nomination papers for that election shall return residual funds to the contributors no later than ninety days after the date on which nominations for that election shall be filed. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.
(b) The candidate committee and candidate who withdraws or ceases to be a candidate for the election because of death, disqualification, or other reasons shall return residual funds to the contributors no later than ninety days after the candidate ceases to be a candidate. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.
(c) A candidate who is elected to office, including a candidate subject to term limits and a candidate who resigned before the end of the term of office and the candidate committee of such a candidate, may use campaign funds as provided in section 11-381 or return funds to contributors until four years from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.
(d) A candidate who loses an election and the candidate committee of such a candidate may use campaign funds as provided in section 11-381 or return funds to contributors until one year from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.
(e) A candidate committee that disposes of campaign funds pursuant to this section shall terminate its registration with the commission as provided in section 11-326.
(f) Notwithstanding any of the foregoing, campaign funds may be used for the candidate's next subsequent election as provided in section 11-381 upon registration for the election pursuant to section 11-321.
(g) The commission shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.
[L 2010, c 211, pt of §2]
(a) Any advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic means, shall:
(1) Contain the name and address of the candidate, candidate committee, noncandidate committee, or other person paying for the advertisement;
(2) Contain a notice in a prominent location stating either that:
(A) The advertisement has the approval and authority of the candidate; provided that an advertisement paid for by a candidate, candidate committee, or ballot issue committee does not need to include the notice; or
(B) The advertisement has not been approved by the candidate; and
(3) Not contain false information about the time, date, place, or means of voting.
(b) The fine for violation of this section, if assessed by the commission, shall not exceed $25 for each advertisement that lacks the information required by this section or provides prohibited information, and shall not exceed an aggregate amount of $5,000; provided that any violation of this section by a noncandidate committee, if assessed by the commission, shall be no less than $150 for each advertisement that lacks the information required by this section or provides prohibited information.
[L 2010, c 211, pt of §2; am L 2013, c 112, §10; am L 2014, c 128, §§2, 4; am L 2023, c 127, §2]
The costs of preparing, printing, and circulating house bulletins and the writings, drawings, and photographs contained therein, except for paid political advertisements, shall be exempt from the provisions of this part.
[L 2010, c 211, pt of §2]
(a) An advertisement shall contain an additional notice in a prominent location immediately after or below the notices required by section 11-391, if the advertisement is broadcast, televised, circulated, or published, including by electronic means, and is paid for by a noncandidate committee that certifies to the commission that it makes only independent expenditures. This additional notice shall start with the words, "The three top contributors for this advertisement are", followed by the names of the three top contributors, as defined in subsection (e), who made the highest aggregate contributions to the noncandidate committee for the purpose of funding the advertisement; provided that:
(1) If a noncandidate committee is only able to identify two top contributors who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, "The two top contributors for this advertisement are", followed by the names of the two top contributors;
(2) If a noncandidate committee is able to identify only one top contributor who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, "The top contributor for this advertisement is", followed by the name of the top contributor;
(3) If a noncandidate committee is unable to identify any top contributors who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, "The three top contributors for this noncandidate committee are", followed by the names of the three top contributors who made the highest aggregate contributions to the noncandidate committee; and
(4) If there are no top contributors to the noncandidate committee, the noncandidate committee shall not be subject to this section.
In no case shall a noncandidate committee be required to identify more than three top contributors pursuant to this section.
(b) If a noncandidate committee has more than three top contributors who contributed in equal amounts, the noncandidate committee may select which of the top contributors to identify in the advertisement; provided that the top contributors not identified in the advertisement did not make a higher aggregate contribution than those top contributors who are identified in the advertisement. The additional notice required for noncandidate committees described under this subsection shall start with the words "Three of the top contributors for this advertisement are" or "Three of the top contributors to this noncandidate committee are", as appropriate, followed by the names of the three top contributors.
(c) This section shall not apply to advertisements broadcast by radio or television of such short duration that including a list of top contributors in the advertisement would constitute a hardship to the noncandidate committee paying for the advertisement. A noncandidate committee shall be subject to all other requirements under this part regardless of whether a hardship exists pursuant to this subsection. The commission shall adopt rules pursuant to chapter 91 to establish criteria to determine when including a list of top contributors in an advertisement of short duration constitutes a hardship to a noncandidate committee under this subsection.
(d) Any noncandidate committee that violates this section shall be subject to a minimum fine of $1,000 per violation.
(e) For purposes of this section, "top contributor" means a contributor who has contributed an aggregate amount of $10,000 or more to a noncandidate committee within a twelve-month period before the purchase of an advertisement.
[L 2013, c 112, §2; am L 2022, c 169, §8; am L 2023, c 127, §3]
(a) The commission may subpoena witnesses, examine them under oath, and require the production of books, papers, documents, or objects to the commission office or at any place in the State whether or not the subpoena is in connection with any hearing; provided that the person or documents subpoenaed shall be relevant to a matter under study or investigation by the commission.
(b) The books, papers, documents, or objects may be retained by the commission for a reasonable period of time for examination, audit, copying, testing, and photographing.
(c) The subpoena power shall be exercised by the chairperson of the commission, or the chairperson's designee.
(d) Upon application of the commission, obedience to the subpoena shall be enforced by the circuit court in the county in which the person subpoenaed resides or is found, in the same manner as a subpoena issued by a circuit court.
[L 2010, c 211, pt of §2]
(a) A person alleging violations of this part shall file a complaint with the commission.
(b) A complaint initiated by the commission shall be in writing and signed by the executive director.
(c) A complaint by a person other than the executive director shall be in writing, signed by the person filing the complaint, and notarized.
[L 2010, c 211, pt of §2]
(a) The commission shall give notice of receipt of the complaint and a copy of the complaint to the respondent.
(b) The respondent may explain or otherwise respond in writing to the complaint and explain or otherwise respond to the complaint at a meeting promptly noticed by the commission and conducted under chapter 92.
(c) If the respondent fails to explain or otherwise respond to the complaint, the commission may treat the failure to explain or respond as a rebuttable presumption that a violation has occurred. The respondent shall have thirty days from the mailing of the complaint under subsection (a) to explain or otherwise respond to the complaint before the rebuttable presumption takes effect.
[L 2010, c 211, pt of §2; am L 2023, c 118, §1]
The commission shall promptly determine, without regard to chapter 91, to:
(1) Summarily dismiss the complaint;
(2) Investigate further;
(3) Make a preliminary determination; or
(4) Refer the complaint to an appropriate prosecuting attorney for prosecution under section 11-411.
[L 2010, c 211, pt of §2]
(a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by first-class mail. As a courtesy, the commission shall send the preliminary determination with findings of fact and conclusions of law to the respondent by electronic mail; provided that the electronic mail shall not constitute service. If the respondent is a candidate, candidate committee, or noncandidate committee and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there shall be a presumption that the candidate or committee received the preliminary determination within seven business days of the preliminary determination being mailed.
(b) The respondent shall be afforded an opportunity to contest the commission's preliminary determination of probable cause by making a request for a contested case hearing under chapter 91 within thirty days of receipt of the preliminary determination. Failure to request a contested case hearing shall render the commission's preliminary determination final.
[L 2010, c 211, pt of §2; am L 2023, c 69, §1 and c 120, §1]
The commission may waive further proceedings due to action the respondent takes to remedy or correct the alleged violation, including the payment of any administrative fine. The commission shall make the remedial or corrective action taken by the respondent, the commission's decision in light of the action to waive further proceedings, and the commission's justification for its decision a part of the public record.
[L 2010, c 211, pt of §2]
(a) A contested case hearing shall be conducted pursuant to chapter 91 and any rules adopted by the commission, except as provided in this section.
(b) If a hearing is held before the commission, the commission shall not be bound by strict rules of evidence when conducting a hearing to determine whether a violation of this part has occurred, and the degree or quantum of proof required shall be a preponderance of the evidence.
(c) The commission or hearings officer, if there is no dispute as to the facts involved in a particular matter, may permit the parties to proceed by memoranda of law in lieu of a hearing unless the procedure would unduly burden any party or is otherwise not conducive to the ends of justice.
(d) A record shall be made of the proceeding.
(e) All parties shall be afforded full opportunity to present evidence and argument on all issues involved.
(f) Any person who appears before the commission shall have all of the rights, privileges, and responsibilities of a witness appearing before the courts of this State. All witnesses summoned before the commission or hearings officer shall receive reimbursements as paid in like circumstances in the courts of this State. Any person whose name is mentioned during a proceeding before the commission and who may be adversely affected thereby may appear or file a written statement for incorporation into the record of the proceeding.
(g) If a hearing is held before a hearings officer, the hearings officer shall render a recommended decision for the commission's consideration. Any party adversely affected by the decision may file written exceptions with the commission within fifteen days after receipt of a copy of the decision by certified mail.
(h) The commission, as expeditiously as possible after the close of the commission's hearing, shall issue its final determination of violation together with separate findings of fact and conclusions of law regarding whether a violation of this part has been committed.
[L 2010, c 211, pt of §2]
The complaint shall be dismissed if the commission makes a final determination that there is no violation of this part.
[L 2010, c 211, pt of §2]
If the commission makes a final determination of a violation of this part, its written decision with findings of fact and conclusions of law may order any of the following:
(1) The return of any contribution;
(2) The reimbursement of any unauthorized expenditure;
(3) The payment of any administrative fine to the general fund of the State;
(4) The respondent to cease and desist violations of this part; or
(5) Any report, statement, or other information to be filed that may be required by this part.
[L 2010, c 211, pt of §2]
(a) The commission may make a decision or issue an order affecting any person violating any provision of this part that may provide for the assessment of an administrative fine as follows:
(1) If a person other than a person described in paragraph (2), an amount not to exceed $1,000 for each occurrence or an amount not to exceed three times the amount of an unlawful contribution or expenditure; or
(2) If a noncandidate committee that makes only independent expenditures and has either received at least one contribution of more than $10,000 from any one person or has made expenditures of more than $10,000 in the aggregate, in an election period, an amount not to exceed $5,000 for each occurrence; or an amount not to exceed three times the amount of an unlawful contribution or expenditure;
provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation.
(b) Any order for the assessment of an administrative fine shall not be issued against a person without providing the person written notice and an opportunity to be heard at a hearing conducted under chapter 91. A person may waive these rights by written stipulation or consent. These rights shall be deemed waived if the order is a preliminary determination of probable cause rendered during a chapter 92 meeting pursuant to section 11-403 and the person fails to request a contested case hearing within thirty days of receipt of the preliminary determination, as provided in section 11-405(b).
(c) If an administrative fine is imposed upon a candidate or noncandidate committee, the commission may order that the fine, or any portion of the fine, be paid from the personal funds of the candidate or the funds of the noncandidate committee; provided that if the noncandidate committee cannot pay, the commission may order that the fine be paid from the personal funds of the candidate or officers of the noncandidate committee.
(d) If the person to whom the commission's order is directed does not comply with the order, the first circuit court, upon application of the commission, shall issue an order requiring the person to comply with the commission's order. Failure to obey such a court order shall be punished as contempt. In addition to contempt proceedings, the commission may file the commission's order in the first circuit court to have the order confirmed as a judgment, which shall then have the same force and effect and shall be enforceable and collectible in the same manner as other judgments issued by the circuit courts; provided that there shall be no appeal from the judgment.
(e) Any administrative fine collected by the commission shall be deposited in the general fund of the State.
(f) Any person or the commission may sue for injunctive relief to compel compliance with this part.
(g) The provisions of this section shall not prohibit prosecution under any appropriate provision of the Hawaii Penal Code or section 11-412.
(h) Subsections (a) through (f) shall not apply to any person who, before the commencement of proceedings under this section, has paid or agreed to pay the fines prescribed by sections 11-340 and 11-391(b).
[L 2010, c 211, pt of §2; am L 2022, c 181, §1; am L 2023, c 120, §2 and c 121, §1]
In addition to an administrative determination that a violation of this part has been committed, the commission may refer the complaint to the attorney general or county prosecutor at any time the commission believes the respondent may have recklessly, knowingly, or intentionally committed a violation.
[L 2010, c 211, pt of §2; am L 2022, c 181, §2]
(a) Any person who recklessly, knowingly, or intentionally violates any provision of this part shall be guilty of a misdemeanor, unless another criminal penalty is specified.
(b) Any person who knowingly or intentionally falsifies any report required by this part with the intent to circumvent the law or deceive the commission or who violates section 11-352 or 11-353 shall be guilty of a class C felony. A person charged with a class C felony shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
(c) Any person who intentionally provides false information concerning the name or address of the person paying for an advertisement that is subject to the requirements of section 11-391 shall be guilty of a class C felony.
(d) A person who is convicted under this section shall be disqualified from holding elective public office for a period of ten years from the date of conviction.
(e) For purposes of prosecution for violation of this part, the offices of the attorney general and the prosecuting attorney of the respective counties shall be deemed to have concurrent jurisdiction to be exercised as follows:
(1) Prosecution shall commence with a written request from the commission, upon the issuance of an order of the court, or upon the exercise of the law enforcement authority of the attorney general or prosecuting attorney; provided that prosecution may commence before any proceeding initiated by the commission or final determination;
(2) In the case of statewide offices, parties, or issues, the attorney general or the prosecuting attorney for the city and county of Honolulu shall prosecute any violation; and
(3) In the case of all other offices, parties, or issues, the attorney general or the prosecuting attorney for the respective county shall prosecute any violation.
If prosecution is commenced by a written request from the commission, the commission, in choosing the prosecuting agency, shall be guided by whether any conflict of interest exists between the agency and its appointive authority.
(f) The court shall give priority to the expeditious processing of prosecutions under this section.
(g) Prosecution for violations of this part shall not commence after five years have elapsed from the date of the violation or date of filing of the report covering the period in which the violation occurred, whichever is later.
[L 2010, c 211, pt of §2; am L 2022, c 181, §3]
(a) The Hawaii election campaign fund is created as a trust fund within the state treasury.
(b) The fund shall consist of:
(1) All moneys collected from persons who have designated a portion of their income tax liability to the fund as provided in section 235-102.5(a);
(2) Any general fund appropriations; and
(3) Other moneys collected pursuant to this part.
(c) Moneys in the fund shall be paid to candidates by the comptroller as prescribed in section 11-431 and may be used for the commission's operating expenses, including staff salaries and fringe benefits.
[L 2010, c 211, pt of §2]
(a) The commission shall be under no obligation to provide moneys to candidates if, in the partial public funding program or comprehensive public funding for elections to the county of Hawaii council, moneys in the Hawaii election campaign fund are near depletion.
(b) For the purpose of the partial funding program, if the Hawaii election campaign fund is close to depletion as determined by the commission, the commission shall determine the amounts available to eligible candidates based on their order of eligibility in qualifying for partial public funds, as determined by the date of filing of an application for public funds with the commission pursuant to section 11-428; provided that the application has been accepted by the commission.
(c) For the purpose of the comprehensive public funding for elections to the county councils, if the Hawaii [election] campaign fund is close to depletion, the commission shall determine whether the program shall be operative in accordance with this part.
[L 2010, c 211, pt of §2]
(a) Any candidate may voluntarily agree to limit the candidate's expenditures and those of the candidate's candidate committee or committees and the candidate's party on the candidate's behalf by filing an affidavit with the campaign spending commission.
(b) The affidavit shall state that the candidate knows the voluntary campaign expenditure limitations as set out in this part and that the candidate is voluntarily agreeing to limit the candidate's expenditures and those made on the candidate's behalf by the amount set by law. The affidavit shall be subscribed to by the candidate and notarized and filed no later than the time of filing nomination papers with the chief election officer or county clerk.
(c) The affidavit shall remain effective until the termination of the candidate committee or the opening of filing of nomination papers for the next succeeding election, whichever occurs first. An affidavit filed under this section may not be rescinded.
(d) From January 1 of the year of any primary, special, or general election, the aggregate expenditures for each election by a candidate who voluntarily agrees to limit campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone, all treasurers, the candidate committee, and noncandidate committees on the candidate's behalf, shall not exceed the following amounts expressed, respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:
(1) For the office of governor--$2.50;
(2) For the office of lieutenant governor--$1.40;
(3) For the office of mayor--$2.00;
(4) For the offices of state senator, state representative, county council member, and prosecuting attorney--$1.40; and
(5) For all other offices--20 cents.
[L 2010, c 211, pt of §2; am L 2011, c 5, §5; am L 2013, c 63, §1]
[Repealed]
[L 2014, c 140, §2]
(a) The maximum amount of public funds available in each election to a candidate for the office of governor, lieutenant governor, or mayor shall not exceed ten per cent of the expenditure limit established in section 11-423(d) for each election.
(b) The maximum amount of public funds available in each election to a candidate for the office of state senator, state representative, county council member, and prosecuting attorney shall not exceed fifteen per cent of the expenditure limit established in section 11-423(d) for each election.
(c) For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed $1,500 in any election year.
(d) For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.
(e) Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election. For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-429.
[L 2010, c 211, pt of §2; am L 2011, c 5, §6]
A candidate who files the affidavit agreeing to limit expenditures and who exceeds the expenditure limit for that election shall:
(1) Notify all opponents, the office of elections, and the commission by telephone and writing on the day the expenditure limit is exceeded;
(2) Pay the balance of the full filing fee; and
(3) Provide reasonable notice to all contributors within thirty days of exceeding the limit that the expenditure limit was exceeded.
[L 2010, c 211, pt of §2; am L 2014, c 140, §1]
A candidate who files the affidavit voluntarily agreeing to limit expenditures and who receives contributions that in aggregate exceed the expenditure limit for an election shall reserve use of any contributions that exceed the limit until after the applicable election.
[L 2010, c 211, pt of §2]
In order to be eligible to receive public funds for an election, a candidate shall certify that the candidate will meet all the following requirements:
(1) The candidate and any candidate committee authorized by the candidate shall not incur campaign expenses in excess of the expenditure limitations imposed by section 11-423;
(2) The candidate has qualified to be on the election ballot in a primary or general election;
(3) The candidate has filed a statement of intent to seek qualifying contributions. A contribution received before the filing of a statement of intent to seek public funds shall not be considered a qualifying contribution;
(4) The candidate or candidate committee authorized by the candidate has received the minimum qualifying contribution amounts for the office sought by the candidate as set forth in section 11-429;
(5) The aggregate of contributions certified with respect to any person under paragraph (4) does not exceed $100;
(6) The candidate agrees to obtain and furnish any evidence relating to expenditures that the commission may request;
(7) The candidate agrees to keep and furnish records, books, and other information that the commission may request;
(8) The candidate agrees to an audit and examination by the commission pursuant to section 11-434 and to pay any amounts required to be paid pursuant to that section; and
(9) Each candidate and candidate committee in receipt of qualifying contributions that may be taken into account for purposes of public funding shall maintain, on a form prescribed by the commission, records that show the date and amount of each qualifying contribution and the full name and mailing address of the person making the contribution. The candidate and the candidate committee authorized by the candidate shall transmit to the commission all reports with respect to these contributions that the commission may require.
[L 2010, c 211, pt of §2]
(a) As a condition of receiving public funds for a primary or general election, a candidate shall not be unopposed in any election for which public funds are sought, shall have filed an affidavit with the commission pursuant to section 11-423 to voluntarily limit the candidate's campaign expenditures, and shall be in receipt of the following sum of qualifying contributions from individual residents of Hawaii:
(1) For the office of governor--qualifying contributions that in the aggregate exceed $100,000;
(2) For the office of lieutenant governor--qualifying contributions that in the aggregate exceed $50,000;
(3) For the office of mayor for each respective county:
(A) County of Honolulu--qualifying contributions that in the aggregate exceed $50,000;
(B) County of Hawaii--qualifying contributions that in the aggregate exceed $15,000;
(C) County of Maui--qualifying contributions that in the aggregate exceed $10,000; and
(D) County of Kauai--qualifying contributions that in the aggregate exceed $5,000;
(4) For the office of prosecuting attorney for each respective county:
(A) County of Honolulu--qualifying contributions that in the aggregate exceed $30,000;
(B) County of Hawaii--qualifying contributions that in the aggregate exceed $10,000; and
(C) County of Kauai--qualifying contributions that in the aggregate exceed $5,000;
(5) For the office of county council--for each respective county:
(A) County of Honolulu--qualifying contributions that in the aggregate exceed $5,000;
(B) County of Hawaii--qualifying contributions that in the aggregate exceed $1,500;
(C) County of Maui--qualifying contributions that in the aggregate exceed $5,000; and
(D) County of Kauai--qualifying contributions that in the aggregate exceed $3,000;
(6) For the office of state senator--qualifying contributions that, in the aggregate exceed $2,500;
(7) For the office of state representative--qualifying contributions that, in the aggregate, exceed $1,500;
(8) For the office of Hawaiian affairs--qualifying contributions that, in the aggregate, exceed $1,500; and
(9) For all other offices, qualifying contributions that, in the aggregate, exceed $500.
(b) A candidate shall obtain the minimum qualifying contribution amount set forth in subsection (a) once for the election period.
(1) If the candidate obtains the minimum qualifying contribution amount, the candidate is eligible to receive:
(A) The minimum payment in an amount equal to the minimum qualifying contribution amounts; and
(B) Payments of $1 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts; and
(2) A candidate shall have at least one other qualified candidate as an opponent for the primary or general election to receive public funds for that election.
(c) The candidate shall not receive more than the maximum amount of public funds available to a candidate pursuant to section 11-425; provided that the candidate shall not receive public funds for a primary election if the candidate does not obtain the minimum qualifying contribution amounts before the date of the primary election.
[L 2010, c 211, pt of §2]
(a) Each application for public funds shall be signed by the candidate and notarized, and accompanied by the qualifying campaign contribution statement or statements.
(b) The application shall be mailed or delivered to the commission and shall not be valid unless received by the commission no later than thirty days after the general election.
(c) Each candidate in receipt of the minimum qualifying contribution amount established for the office that the candidate seeks may apply to the commission for public funding after the candidate has become a candidate in a primary or general election.
[L 2010, c 211, pt of §2]
(a) Upon the commission's approval of the application and statement of qualifying contributions, the commission shall direct the comptroller to distribute matching public funds up to the maximum amount of public funds allowed by section 11-425. Public funds shall be distributed to the candidate within twenty days from the date that the candidate's initial application and qualifying contribution statement is approved by the commission.
(b) The commission shall make additional determinations within fourteen days after receiving a complete application and supplemental statement of qualifying contributions from a candidate.
(c) All determinations made by the commission under this section are final and conclusive, except to the extent they are subject to examination and audit by the commission under section 11-434.
[L 2010, c 211, pt of §2]
(a) Public funds shall be deposited in a depository institution, as defined in section 412:1-109, duly authorized to do business in the State, such as a bank, savings bank, savings and loan association, depository financial services loan company, credit union, intra-Pacific bank, or similar financial institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
(b) No expenditures of any public funds shall be made except by checks drawn on such checking account.
(c) Public funds shall be only used to:
(1) Defray expenditures of the candidate or the candidate committee authorized by the candidate; and
(2) Repay loans, the proceeds of which were used to defray expenditures.
(d) Public funds shall not be transferred to another candidate for any election.
(e) Unexpended public funds shall be returned to the commission by the deadline for filing the final report for the election for which the funds were received.
[L 2010, c 211, pt of §2]
The treasurer shall electronically submit an expenditure of public funds report to the commission no later than twenty days after a primary election and no later than thirty days after a general election certifying that all public funds paid to the candidate have been used as required by this part.
Should the commission determine that any portion of the public funds have been used for noncampaign or other improper expenses, it shall report such finding to the attorney general and shall order the candidate to return all or part of the funds paid to that candidate for a primary or general election. When public funds are returned, the funds shall be deposited into the Hawaii election campaign fund.
[L 2010, c 211, pt of §2]
(a) The commission shall examine and audit the public funds received by all candidates, qualifying contributions, and the expenditures made by all candidates within sixty days after each general election.
(b) The commission shall adopt rules, pursuant to chapter 91, prior to the payment of public money, regarding expenditures which qualify under section 11-432.
(c) If the commission determines that any payment of public funds to a candidate exceeded the aggregate amount to which the candidate was entitled, the commission shall notify the candidate within two years of the payment of the public funds and the candidate shall repay the excess amount to the Hawaii election campaign fund.
(d) If the commission determines that any public funds were used for any improper purpose, the commission shall notify the candidate, and the candidate shall pay to the Hawaii election campaign fund an amount equal to three hundred per cent of such amount in addition to any fines under section 11-410 and section 11-412.
[L 2010, c 211, pt of §2]
In January of each year, the commission shall submit to the legislature:
(1) A study and recommendations of reasonable campaign expenditure and contribution limits and the factors which may be relevant in their establishment; and
(2) A report concerning the status of the Hawaii election [campaign] fund.
[L 2010, c 211, pt of §2]
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