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Hawaii Regulations § 3-177-205 Challenge to confidential registration; special procedure

⤴ Up to Subchapter 5: Voter Challenges and Appeals

Regulation Text

(a) A challenge to the voter registration of a person who has been granted confidential registration pursuant to HAR § 3-177-159, shall be treated-as follows:
(1) The clerk shall immediately notify the person being challenged that a challenge to the person's voter registration has been filed, including the charges set forth in the challenge and the challenger's name;
(2) The clerk shall investigate the challenge and if the clerk determines' that the challenge is not frivolous, the clerk shall notify the person that the person's voter registration form may be released, unless a specific law prohibits its: release;
(3) If the person wishes to Contest the challenge, the voter registration form may be released for inspection by the challenger, except if the voter being challenged has submitted a current and valid address confidentiality program authorization card to an election official, as provided for in HRS § 801G-9 , in which case it will not be released. The challenge, and appeal, if any, shall be conducted in accordance with this chapter; and
(4) If the person wishes to withdraw said person's voter registration, the voter registration form shall not be released, and said person shall not be allowed to vote. The challenger shall be notified that said person has not contested the challenge and that said person shall not be allowed to vote.
(b) Notwithstanding anything to the contrary, to the extent a voter who has submitted a current and valid address confidentiality program authorization card to an election, official, as provided for in HRS § 801G-9 , has been challenged, election officials may decide to dismiss or not to proceed with the challenge from the challenger. However, election officials are not prohibited from using their separate authority to initiate on their own any investigation relating to maintaining the integrity of the general register.

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 ) (Imp: HRS §§ 11-14.5 , 801G-9 )

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