Voting Procedures

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

in effect

HRS §11-131 Voter service center hours

11-131. Voter service center hours 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]

HRS §11-132 Two hundred foot radius

11-132. Two hundred foot radius (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]

HRS §11-137 Secrecy; removal or exhibition of ballot

11-137. Secrecy; removal or exhibition of ballot 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]

HRS §11-138 Time allowed voters

11-138. Time allowed voters 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]

HRS §11-139 Voting assistance

11-139. Voting assistance (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]

HRS §11-140 Spoiled ballots

11-140. Spoiled ballots 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)]

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