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Hawaii Regulations § 3-177-159 Confidential registration

⤴ Up to Subchapter 4: Voter Registration

Regulation Text

(a) A person can apply to keep confidential the person's residence address and telephone number, as provided in the person's voter registration form, if the person can show good cause that:
(1) Life threatening circumstances exist to the person or a member of that person's family;
(2) Risk of bodily harm exists to the person or a member of that person's family; or.
(3) The person would be subject to. an unwarranted invasion of privacy.
(b) An application for confidential registration shall be in the form prescribed and provided by the chief election officer containing substantially the following information:
(1) A sworn certification by self-subscribing oath setting forth the basis for the person's request for confidential registration; and
(2) An optional mailing address which may be released for election or government purposes.
(c) Voter registration information declared confidential pursuant to this section shall not be released, even for election or government purposes; provided that the optional mailing address set forth in the confidential registration application may be released in place of the person's residence address for election or government purposes.
(d) The clerk may request additional information regarding the reasons justifying confidential treatment.
(e) In no event shall confidential registration be released without notifying the person.
(f) Confidential registration shall retain its confidential status for two election cycles, after which time the person must reapply for confidential registration pursuant to this section, unless the clerk waives the requirement.
(g) A challenge to the voter registration of a person who has been granted confidential registration shall be processed in accordance with the procedures set forth in HAR § 3-177-205.
(h) Notwithstanding anything to the contrary, when a program participant in the Chapter 801G , Hawaii Revised Statutes address confidentiality program submits a current and valid address confidentiality program authorization card to an election official, the election official shall accept the substitute address On the card as the program participant's actual address to be used when creating a new public record.
(1) Election officials shall use a program participant's actual address for purposes of determining residency pursuant to HRS § 11-13 ;
(2) The substitute address shall be used for all other purposes and the program participant's name, mailing address, actual address, or telephone number shall not be published in any list or register;
(3) Without regard to subsection (f), the voter will continue to be treated as a special class of confidential voter until such time as they are informed by the participant or the address confidentiality program that the voter is no longer a participant;
(4) Disclosure by an election official of a program participant's actual address shall be prohibited unless required by order of a court; and
(5) To the extent there is a voter challenge of a participant where the residence address is sought, the residence address will not be provided unless required by order of a court.

History

[Eff JUL 26 2020] (Auth: HRS §§ 11-4 , 11-14.5 ) (Imp: HRS § 11-14.5 )

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