(a)
Assuming a document is returned in the manner authorized by election officials, the nature of the document and the totality of the circumstances will determine when it is considered received, filed, or accessible for election purposes.
(b)
The receipt of a document is merely a ministerial notation of when a document was received and is not the equivalent of a determination that the document is in proper order and can be counted in the context of a ballot, filed in the context of a nomination paper or similar document, or the applicant treated as registered in the context of a voter registration application. To the extent a document is initially received and subsequently found not to meet filing requirements, it may be returned to the individual to obtain the necessary signatures or to-otherwise be corrected before being resubmitted. For example, if a candidate submits a nomination paper and it is subsequently determined that it does not have the required amount of verified signatures, the candidate may be provided the document back so they can obtain sufficient signatures and resubmit the document by the filing deadline.
(c)
The filing of a document occurs to the extent the underlying statute refers to filing and the election official determines that the document submitted for filing meets the statutory or administrative rule requirement for filing. If a document submitted for filing does not satisfy the requirements for filing it will not be considered filed. Similarly, if it is considered to have met the requirements of filing it will be considered filed at the time of receipt. An initial indication that a document has been filed does not preclude it from being determined not to have met the requirements for filing. In such a case, any such document may be considered void ab initio and not considered filed (i.e., void from the beginning).
(d)
Generally documents may be received during the hours established by the chief election officer or county clerks, with the understanding election officials can adjust hours. Additionally, the county clerk, or chief election officer may receive documents at any location. As it relates to the online voter registration system or any other electronic system operated by the chief election officer, or the county clerks, which may operate otherwise outside of normal work hours the document will be deemed filed upon receipt unless determined otherwise. Documents delivered after normal work hours may be treated as received as of the next business day.
(e)
A voter standing in line at a place of. deposit or voter service center at the closing, time provided in HRS §
11-131
with the intent to return a ballot and casting a vote shall be allowed to vote. This does not preclude a voter from otherwise standing in line at any other location established by an election official by the closing time provided in HRS §
11-131
with the intent of returning a ballot and casting a vote from being allowed to vote (e.g., the county clerk may establish a receiving area for ballots in the parking lot of a county building, as opposed to requiring voters to go into a county building to get to the voter service center).
(f)
As it relates to matters covered by federal law, receipt shall he determined by the applicable federal law.
History
[Eff JUL 26 2020] (Auth: HRS §
11-4
) (Imp: HRS §§
11-2
,
11-4
,
11-6
,
11-15
,
11-15.3
,
11-16
,
11-62
,
11-63
,
11-64
,
11-77
,
11-104
,
11-105
,
11-106
,
11-107
,
11-113
,
11-117
,
11-131
,
12-6
,
12-8
,
15-4
,
15-9
,
489E-5
,
489E-7
,
489E-9
,
489E-12
,
489E-15
,
489E-17
,
489E-18
)