Hawaii Regulations § 3-177-500 Voter, service center; general operation and services

(a) Voter service centers shall be established at the office of the clerk and may be established at additional locations within a county as may be designated by the clerk to service the needs of a county's voters. 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.

(b) The office of the clerk refers to where the affairs of the clerk are transacted. The clerk may use different locations for different affairs of their office. As such, the clerk may designate a location to serve as the office of the clerk for purposes of the operation of a voter service center. This location may differ from the location normally associated with the clerk for other duties. For example, while the clerk may operate from one location for purposes of. supporting their council or other duties, they may designate a location for the operation of the voter service center, so as to take into consideration the needs associated with the services to be provided (e.g. a larger facility for servicing the public, parking considerations, and other related matters).

(c) Voter service centers shall be open from the tenth business day preceding the day of the election during regular business hours until the time provided in HRS § 11-131 on the date of the election and at the same times statewide. Likewise, it will provide the services specified under the definition of a "voter service center" in this rule.

(d) A "voter service center" means a location established to service all of the following purposes:

(e) Voting machine services may be provided to voters with or without disabilities. Voting machine services may involve any voting system or device or combination of systems or devices. The provision of a particular type of voting machine service at one voter service center will not require that the same type or types of voting machines services be provided at another voter services center. For example, a voter service center may decide to only utilize direct recording electronic voting devices that generate a voter verifiable paper audit trail, while another may choose to utilize a marksense ballot voting system and a direct recording electronic voting device that generate a voter verifiable paper audit trail, while finally another might utilize a ballot marking device. In the end, each, of these is permissible, so long as the voter is provided services that would otherwise comply with Help America Vote Act of 2002, P.L. 107-252 , as amended, and any other federal or state law relating persons With disabilities.

(f) "Provide any other voting service as provided by law" as used in this rule concerning voter service centers refers to any service that explicitly by statute is defined as being provided at a voter service center. For example, HRS § 11-15.2 provides that "a person who is eligible to vote but is not registered to vote may register by appearing in person at any voter service center on or before election day." To the extent a service is not defined as occurring at a voter service center it may not be provided as part of the operation of the voter service center. For example, a voter service center may not issue replacement ballots, as it is not statutorily a service required to be provided at a voter service center. Instead, a separate statutory process addresses the issuances of replacement ballots. In such a situation, the voter service center officials would inform the voter of the specific location or procedures to obtain a replacement ballot, if the voter does not wish to utilize the voting machine services available at the voter service center.

(g) To the extent that a proposed or existing voter service center cannot comply with subsection (c) the clerk shall document the reasons for such a variation in its operation either in the hours or days of its operation or the services that it can provide. Upon a finding by the clerk that it is in the interest of the voters of a county to operate a proposed voter service center or to continue to operate an existing voter services center, it may do so, so long as appropriate notice to the public is provided of any variation in the hours or days of its operation or the services that it can provide. For example, if due to a lack of available personnel, shortage of facilities that can be used for ten business days, or similar reasons a modified schedule or modified services to be provided may be considered by the clerk.

(h) The hours of voting at voter service center shall be regular business hours as prescribed HRS § 11-109 and by the clerk. However, on election day the hours of voting will, be from 7:00 a.m. until 7:00 p.m. of that day. If at 7:00 p.m. on an election day, 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 HRS § 11-131 .