Ballots

HRS div. 1, tit. 2, ch. 11, pt. VIII

in effect

HRS §11-111 Official and facsimile ballots

11-111. Official and facsimile ballots 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]

HRS §11-112 Contents of ballot

11-112. Contents of ballot (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]

HRS §11-113 Presidential ballots

11-113. Presidential ballots (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]

HRS §11-114 Order of offices on ballot

11-114. Order of offices on ballot 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)]

HRS §11-115 Arrangement of names on the ballot

11-115. Arrangement of names on the ballot (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]

HRS §11-115.5 Legal name of candidates; publication

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]

HRS §11-116 Checking ballot form by candidates and parties

11-116. Checking ballot form by candidates and parties 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]

HRS §11-117 Withdrawal of candidates; disqualification; death; notice

11-117. Withdrawal of candidates; disqualification; death; notice (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]

HRS §11-118 Vacancies; new candidates; insertion of names on ballots

11-118. Vacancies; new candidates; insertion of names on ballots (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]

HRS §11-118.5 Constitutional amendments, proposed; attorney general statement

11-118.5. Constitutional amendments, proposed; attorney general statement (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]

HRS §11-119 Printing; quantity

11-119. Printing; quantity (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]

HRS §11-121 Ballot images

11-121. Ballot images 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]

HRS §11-122 Digital voter information guide

11-122. Digital voter information guide (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]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0011/HRS_0011-.htmFetched: 11/10/2026