Hawaii Regulations § 3-177-600 Ballot packages; contents; eligibility
Regulation Text
(a)
Unless the context indicates otherwise, a ballot package is used by any voter in an election by mail, unless the voter votes in-person at a voter service center by using a voting device (e.g. a voter directly using a voting system such as a direct recording electronic device or a marksense ballot counter).
(b)
A ballot package, unless it is transmitted electronically, consists of the following:
(1)
An official ballot;
(2)
A return identification envelope with postage prepaid;
(3)
A secrecy envelope or secrecy sleeve;
(4)
The instructions provided for in HRS §
11-104
; and
(5)
A statement to be subscribed to by the voter that affirms the fact that the voter is the person, voting and that the voter's employer or agent of the employer, agent of the voter's labor union, or any candidate listed on the ballot did not assist the voter, as described in HRS §
11-139
, along with the instruction that the voter's ballot will be valid only if the affirmation statement is signed. The statement may appear on the return identification envelope or separately, depending on the means of transmission utilized or authorized by the clerk.
(c)
A ballot package may be sent by electronic transmission. "Electronic transmission" refers to transmission by facsimile or electronic mail delivery, or the use of an online ballot and return system, which may include the ability to mark the ballot. An electronic ballot package additionally will include a waiver of secrecy under HRS §
11-137
. This waiver may be combined with the affirmation statement. Additionally, instructions on how to return the ballot or ballot summary, depending on the type of electronic ballot system, used, by electronic transmission or alternatively by mail, may be included.
(d)
Ballot, packages may generally be issued in the following contexts:
(1)
To any registered voter who has not already voted and is legally eligible under state or federal law to receive a ballot;
(2)
To any registered voter who has requested an absentee ballot;
(3)
In response to a request for a replacement ballot by a voter; or
(4)
Pursuant to a request by a voter covered under chapter
15D
, HRS, or the. Uniformed and Overseas Citizens Absentee Voting Act of 1986, as amended, or any other applicable federal or state law.
History
[Eff JUL 26 2020] (Auth: HRS § 11-4 ) (Imp: HRS §§ 11-102 , 11-104 , 11-107 , 11-137 , 11-139 , 15-4 , 15D-7 )
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