Conduct of Elections

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

in effect

HRS §11-91 Proclamation

11-91. Proclamation Not later than 4:30 p.m. on the tenth day prior to 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. The proclamation shall contain a statement of the time and places where, and 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 not later than on the tenth day prior to the close of filing. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(aa)]

HRS §11-92.1 Election proclamation; establishment of a new precinct; voter service centers and places of deposit; changes to precinct boundaries

11-92.1. Election proclamation; establishment of a new precinct; voter service centers and places of deposit; changes to precinct boundaries (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]

HRS §11-92.3 Natural disasters; postponement; consolidation of precincts; special elections

11-92.3. Natural disasters; postponement; consolidation of precincts; special elections (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]

HRS §11-92.5 Minimum number of precincts

11-92.5. Minimum number of precincts 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

HRS §11-96 Records prima facie evidence

11-96. Records prima facie evidence 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)]

HRS §11-97 Records open to inspection

11-97. Records open to inspection (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]

HRS §11-98 Forms and materials used in elections

11-98. Forms and materials used in elections 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]

HRS §11-99 Members of Congress, applicability of election laws

11-99. Members of Congress, applicability of election laws 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]

HRS §11-100 Ranked-choice voting; application; procedure

11-100. Ranked-choice voting; application; procedure (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]

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