Hawaii Regulations § 3-177-767 Processing of voted ballots at the counting center; return identification envelopes; centralized counting

Regulation Text

(a) Valid return identification envelopes, including validated mail ballot packages returned by electronic transmission, shall be transported to the counting center or designated location in secured containers in accordance with procedures established by the chief election officer.

(b) Opening and processing of valid-return envelopes for tabulation may begin no sooner-than the tenth day before the election. In the presence of official observers, counting center officials may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after 7:00 p.m. on the date of the election or after the last person in line at a voter service center desiring to vote at 7:00 p.m. on the date of the election has voted, as provided in HRS § 11-131 , whichever is later.

(c) Valid return identification envelopes shall be opened and processed in accordance with procedures established by the chief election officer.

(d) Upon opening the return identification envelopes, counting center officials shall indicate that a ballot is invalid for the following reasons:

(1) More than one secret ballot envelope or secret ballot sleeve containing a ballot;

(2) Secret ballot envelopes or secret ballot sleeves containing more than one ballot, provided that in an election which requires more than one ballot card or sheet, ballots constituting a paired ballot shall be valid (i.e. if an election contains more candidates and/or ballot questions that can fit on one ballot card);

(3) The ballot returned is defective and cannot be duplicated;

(4) The ballot returned is for the wrong election; or

(5) No ballot has actually been returned in the secret ballot envelope or secret ballot sleeve.

(e) Invalidated ballots shall be noted as being "invalid," placed in an invalid ballot box or otherwise securely segregated. Any reconciliation form shall be adjusted to reflect any invalidating' conditions.

(f) The counting of ballots and certification of results shall occur in accordance with Subchapter 16 to Chapter 3 -177, Hawaii Administrative Rules.

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 ) (Imp: HRS §§ 11-108 , 15-9 )

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