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Hawaii Regulations § 3-177-204 Appeal to the board from decision at the voter service center

⤴ Up to Subchapter 5: Voter Challenges and Appeals

Regulation Text

(a) In the case of an appeal from a decision rendered by the clerk at the voter service center the challenged voter shall vote on a challenged ballot. The clerk shall collect and submit the facts of-the challenge to the board. The voting of the challenged ballot and the board's hearing shall be conducted in accordance with the procedures in subsection (b).
(b) If an appeal is made to the board from a decision rendered by the clerk at the voter service center, the clerk shall:
(1) Direct the voter to vote the challenged ballot and to place the ballot, in the utility envelope provided for this purpose;
(2) Seal the envelope after the voter has voted and print the following information on the face of the envelope the words "challenged ballot," the voter's name, the district, and the time the ballot was received by the clerk; and
(3) Secure the ballot so it may be segregated and await the disposition of the board of registration.
(c) The clerk shall contact the board to hear the-appeal. The- board may hear the appeal, in person or by telephone, videoconference, or other electronic means. The board member serving as the presiding officer shall swear-in the challenger, the person challenged, the clerk or individual designated to perform the duties of the clerk, and any witnesses present. Each person who testifies before the presiding officer shall state the following for the record:
(1) Name as registered to vote; and
(2) Role in the challenge.
(d) The board shall listen to the evidence presented by each of the above persons and then shall close the hearing with the exception of the receipt of any documentary evidence any of the parties to the challenge notifies the board that the party is going to submit prior to the closing of the voter service center on the day of the election.
(e) The board shall discuss the challenge and come to a decision regarding the appeal. A summary of the discussion of the board, the decision of the board, and the reasons for the board's decision shall be included in the board's minutes.
(f) The board shall notify the clerk of its decision. If necessary, the clerk shall issue a correction order to change the register to correspond to the board's decision. The clerk shall notify each party, of the board's decision. The clerk shall also notify the party ruled against that the party may appeal to the intermediate appellate court, pursuant to the provisions of HRS § 11-51 .
(g) If no appeal is made, the clerk shall immediately notify the county counting center manager or designated representative of the disposition of the challenge. The challenged ballot shall be counted or disposed of pursuant to HAR § 3-17.7-7 64.
(h) If an appeal is made, the ballot shall remain in the sealed envelope to be counted or rejected in accordance with the ruling on appeal and the register shall be corrected to conform with the court's decision.
(i) The secrecy of the challenged voter's ballot shall he sefeguarded as provided in subsection (b).

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 ) (Imp: HRS §§ 11-25 , 11-26 , 11-41 , 11-51 )

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