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Hawaii Regulations § 3-177-554 Provisional voting; general procedures

⤴ Up to Subchapter 12: Voter Service Center - Voting Procedure

Regulation Text

(a) If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that, the individual is eligible to vote in an election for Federal office, but the name of the individual does not appear on the official list of eligible voters for the voter service center or an. election, official, asserts that the individual is not eligible to vote, such individual shall be permitted to a cast a provisional ballot as follows:
(1) An election official shall notify the individual that the individual may cast a provisional ballot in that election;
(2) The individual shall be permitted to cast a provisional ballot at that voter service center upon the execution of a written affirmation, by the individual before an election official, stating that the individual is
(A) a registered voter in the jurisdiction in which the individual desires to vote; and
(B) eligible to vote in that election.
(3) The written affirmation shall be in a form prescribed by the chief election officer and shall contain substantially all the information required to register to vote under HRS § 11-15 and shall document that the individual is requesting a provisional ballot.
(b) An election official shall transmit the provisional ballot to the county clerk for prompt verification.
(c) The adjudication of provisional ballots shall be as follows:
(1) If any part of the provisional ballot application form or affirmation statement is incomplete, not executed, or altered, the provisional ballot may be not be counted.
(2) If the clerk determines the individual is eligible under state law to vote in the district the individual wishes to vote in, the provisional ballot shall be counted in accordance with state law.
(3) If the clerk determines the individual is not eligible to vote in the district associated with the provisional ballot was cast, then the provisional ballot shall not be counted.
(d) The individual will be able to access for free a system by which the individual may discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.
(e) The term "jurisdiction" for purposes of provisional voting refers to the specific voting precinct where an individual must be registered, in order to vote on the ballot designated for that precinct. It does not refer to a county, state, or federal jurisdiction. As such, if an individual casts a provisional ballot in a precinct the individual is not properly registered in, no portion of the provisional ballot will be counted.
(f) The individual will have until the fifth business day after the election to provide the clerk with any document or information the individual may want the clerk to consider in determining the individual's eligibility under state law.
(g) All provisions of Help America Vote Act of 2002, as amended, regarding, provisional voting in federal elections shall be followed.

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 , 52 USC § 21082 ) (Imp: HRS §§ 11-15 , 11-20 , 11-21 , 11-24 , 52 USC § 21082 )

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