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chapter-14•Hawaii Revised Statutes, Chapter 14 — ABSENTEE VOTING REPEALED. L 1970, c 26, §3. CHAPTER 14 [NEW] PRESIDENTIAL ELECTIONS
chapter-14Haw. Rev. Stat. ch. 14CodeJan 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).
L 1973, c 217, §4.
(a) In each year when electors of president and vice president of the United States are to be chosen, each of the political parties or parties or groups qualified under section 11-113 shall hold a state party or group convention pursuant to the constitution, bylaws, and rules of the party or group; and nominate as candidates for its party or group as many electors, and a first and second alternate for each elector, of president and vice president of the United States as the State is then entitled. The electors and alternates shall be registered voters of the State. The names and addresses of the nominees shall be certified by the chairperson and secretary of the convention of the respective parties or groups and submitted to the chief election officer no later than 4:30 p.m. on the sixtieth day before the general election of the same year. The chief election officer upon receipt thereof, shall immediately notify each of the nominees for elector and alternate elector of the nomination.
(b) Each elector nominee and alternate elector nominee of a political party or group shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party or group that nominated me". The executed pledges shall accompany the submission of the corresponding names to the chief election officer. Electors shall be released from their pledge if the presidential candidate whom they are pledged to vote for dies. Electors shall not be released from their pledge under any circumstance other than the death of the presidential candidate for whom they are pledged to vote.
[L 1970, c 26, pt of §2; am L 1973, c 217, §4(b); am L 1981, c 100, §2(1); gen ch 1993; am L 2023, c 114, §3]
If more than one certificate of choice and selection of presidential electors and alternate electors of the same political party or group is filed with the chief election officer, as chairperson of the contested presidential electors' committee hereby constituted, the chief election officer shall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and place of the hearing to be held for the purposes of making a determination of which set of electors and alternative electors were lawfully chosen and selected by the political party or group. Notice of the hearing shall be given to the chairperson of the state central committee of each political party and the chairperson of each party or group qualified under section 11-113, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by public notice at least once. A determination shall be made by the committee by majority vote not later than 4:30 p.m. on October 30 of the same year and the determination shall be final. Notice of the results shall be given to the nominees duly determined to have been chosen. The committee shall have all the powers enumerated in section 11-43.
[L 1970, c 26, pt of §2; am L 1973, c 217, §4(c); am L 1981, c 100, §2(2); gen ch 1993; am L 1998, c 2, §7]
In each presidential election year there shall be elected at large, at the general election, by the voters of the State, as many electors and alternates of president and vice president of the United States as the State is then entitled to elect, in the manner provided under section 11-113. The electors and the alternates must be registered voters of the State. The election shall be conducted and the results thereof determined in conformity with the laws governing general elections except as otherwise provided.
[L 1970, c 26, pt of §2; am L 1977, c 189, §3]
Not later than 4:30 p.m. on the last day in the month of the election, or as soon as the returns have been received from all counties in the State, if received before that time, the chief election officer shall certify to the governor the names of the presidential electors and alternates of the same political party or group as the candidates for president and vice president receiving the highest number of votes as elected as presidential electors and alternates. Thereupon the governor shall in accordance with the laws of the United States, communicate by registered mail under the seal of the State of Hawaii to the administrator of general services of the United States, the certificates of persons elected as presidential electors, setting forth the names of the electors and the total number of votes cast for each elector. The chief election officer shall thereupon, together with a notice of the time and place of the meeting of the electors, cause to issue and transmit to each elector and alternate a certificate of election signed by the governor in substantially the following form:
CERTIFICATE OF ELECTION OF PRESIDENTIAL ELECTOR
I,...............Governor of the State of Hawaii, do hereby certify that..............., a member of the...............party or group, was on the...............day of..............., 20....., duly elected a Presidential Elector for the State of Hawaii for the presidential election of 20......
CERTIFICATE OF ELECTION OF ALTERNATE PRESIDENTIAL ELECTOR
I,...............Governor of the State of Hawaii, do hereby certify that..............., a member of the...............party or group, was on the...............day of..............., 20....., duly elected...............Alternate Presidential Elector for Presidential Elector...............for the State of Hawaii for the presidential election of 20......
[L 1970, c 26, pt of §2; am L 1973, c 217, §4(d); am L 1981, c 100, §2(3); am L 2020, c 70, §1]
(a) In submitting the State's certificate of ascertainment as required by title 3 United States Code section 6, the governor shall certify the State's electors and state in the certificate that:
(1) The electors shall serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector shall fill the vacancy; and
(2) If a substitute elector is appointed to fill a vacancy, the governor shall submit an amended certificate of ascertainment stating the names on the final list of the State's electors.
(b) On or before the day of the meeting of the electors; the governor shall deliver to the electors a list of the names of electors and perform any other duties relating to the presidential electors that are required of the governor by laws of the United States.
[L 1970, c 26, pt of §2; gen ch 1985; am L 2023, c 114, §4]
(a) After the vote of the State's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under title 3 United States Code section 6, the chief election officer shall immediately prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.
(b) The governor shall immediately deliver the signed amended certificate of ascertainment to the chief election officer and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive the State's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.
(c) The chief election officer shall prepare a certificate of vote. The electors on the final list shall sign the certificate of vote. The chief election officer shall process and transmit the signed certificate of vote with the amended certificate of ascertainment under title 3 United States Code sections 9, 10, and 11.
[L 2023, c 114, §2]
The electors chosen shall assemble at the state capital on the first Tuesday after the second Wednesday in December next following their election, at two o'clock in the afternoon.
[L 1970, c 26, pt of §2; am L 2024, c 6, §1]
(a) The chief election officer shall preside at the meeting of electors described in section 14-28.
(b) The position of an elector not present to vote shall be vacant. The chief election officer shall appoint an individual as a substitute elector to fill a vacancy as follows:
(1) If the alternate elector is present to vote, by appointing the alternate elector for the vacant position;
(2) If the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party or group;
(3) If the number of alternate electors present to vote is insufficient to fill any vacant position pursuant to paragraphs (1) and (2), by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;
(4) If there is a tie between at least two nominees for substitute elector in a vote conducted under paragraph (3), by appointing an elector chosen by lot from among those nominees; or
(5) If all elector positions are vacant and cannot be filled pursuant to paragraphs (1) through (4), by appointing a single presidential elector, with remaining vacant positions to be filled under paragraph (3) and, if necessary, paragraph (4).
(c) To qualify as a substitute elector under subsection (b), an individual who has not executed the pledge required under section 14-21(b) shall execute the following pledge: "I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual to whose elector position I have succeeded".
[L 1970, c 26, pt of §2; am L 1981, c 100, §2(4); am L 2023, c 114, §5]
(a) At the time designated for elector voting and after all vacant positions have been filled under section 14-27, the chief election officer shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector's presidential and vice-presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(b) Except as otherwise provided by law, each elector shall present both completed ballots to the chief election officer, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under section 14-21(b) or 14-27(c). Except as otherwise provided by law, the chief election officer shall not accept and shall not count either an elector's presidential or vice-presidential ballot if the elector has failed to mark both ballots or has marked a ballot in violation of the elector's pledge.
(c) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge executed under section 14-21(b) or 14-27(c) shall vacate the office of elector, creating a vacant position to be filled pursuant to section 14-27.
(d) The chief election officer shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of the State's electoral votes have been cast and recorded.
[L 1970, c 26, pt of §2; am L 1981, c 100, §2(5); am L 2023, c 114, §6]
The electors shall name in their ballots the person voted for as president, and in separate ballots the person voted for as vice president.
[L 1970, c 26, pt of §2]
The electors shall separately list the persons voted for as president and as vice president, respectively, and the number of votes for each, which lists they shall sign, certify, seal, and transmit by mail, one copy to the seat of the government of the United States, directed to the president of the senate of the United States, and make such other disposition of the lists as required by law.
[L 1970, c 26, pt of §2]
Each presidential elector shall receive $50 for the elector's services, plus the reasonable cost of transportation from the elector's voting residence in the State to the state capital and return. Their accounts shall be certified to by the chief election officer and audited by the state comptroller, and shall be payable out of the general fund.
[L 1970, c 26, pt of §2; gen ch 1985]
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