Hawaii Regulations § 3-177-654 Return identification envelopes; notification and correction of deficiencies

Regulation Text

(a) Any return identification envelope initially identified as invalid will be considered a deficient return identification envelope for purposes of HRS § 11-106 , if the voter has not already voted. The clerk shall make an attempt to notify the voter by first class mail, telephone, or electronic mail to inform the voter of the procedure to correct the deficiency. The voter shall have five business days after the date of the election to cure the deficiency. The counting of ballots and disclosure of subsequent election results may continue during the time period permitted to cure a deficiency. The clerk's inability to contact voters shall not be grounds for a contest for cause under HRS § 11-172 .

(b) A deficient return identification envelope may be corrected and treated as valid in any manner that satisfies the clerk due to one of the following:

(1) the signatory to the return identification envelope is the voter who was assigned the return identification envelope; or

(2) the basis of the deficiency has been properly addressed and removed.

(1) The returning of a signed form including the voter's name and date of birth, in addition to the voter's Hawaii State Driver License number, Hawaii State Identification Card number, or the last four digits of their Social Security Number, indicating that the voter signed the original return identification envelope or otherwise addressing the deficiency associated with their return identification envelope. The form may be returned in any manner authorized by the clerk, including electronic transmission;

(2) The use of. an online voter registration system or similar state or county system that permits a voter to log in through the submission of their name and date of birth, along with their Hawaii State Driver License number, Hawaii State Identification Card number, and allows the voter to indicate they signed the original return identification envelope or otherwise addressing the deficiency associated with their return identification envelope;

(3) Any other program or service used by the state or county, including through a third party, that permits a voter to indicate that they signed the original return identification envelope or otherwise addressing the deficiency associated with their return identification envelope; or

(4) The clerk, at their discretion, repeating the prior signature validation process or aspects of it, in conjunction with any updates to the signature reference images to the statewide voter registration system.

(c) For purposes of this rule, a voter as part of the correcting of a deficiency may not mark a new ballot after the applicable statutory deadline on election day. Instead, only the original deficient return identification envelope may be considered cured and now valid (i.e. a voter after the results of an election are known cannot change who they voted for, as they can only ensure that their original ballot received by the applicable statutory deadline on election day is considered valid).

(d) A voter who has been informed prior to the applicable statutory deadline on election day for voting that their return identification envelope is deficient will not be prevented from requesting a replacement return identification ballot or otherwise voting at a voter service center by the applicable statutory deadline on election day, so long as ultimately only one ballot is counted (e.g. a voter whose signature was found not to match may decide to simply vote in person at a voter service center and not have their prior, return identification envelope counted). Otherwise, such a voter may correct the originally deficient return identification envelope within five business days of the election.

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 ) (Imp: HRS §§ 11-106 , 11-172 )

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