Haw. Rev. Stat. § 15D-1
Short title
This chapter may be cited as the Uniform Military and Overseas Voters Act.
Hawaii Revised Statutes Chapter 15D
Hawaii · statute · Haw. Rev. Stat. ch. 15D · 19 active provisions
Haw. Rev. Stat. § 15D-2
Definitions
In this chapter: "Covered voter" means: (1) A uniformed-service voter or an overseas voter who is registered to vote in this State; (2) An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a state residency requirement, otherwise satisfies this State's voter e…
Haw. Rev. Stat. § 15D-3
Elections covered
The voting procedures in this chapter apply to: (1) A general, special, or primary election for federal office; (2) A general, special, or primary election for statewide or state legislative office or state ballot measure; and (3) A general, special, recall, primary, or runoff election for local government office or lo…
Haw. Rev. Stat. § 15D-4
Role of chief election officer
(a) The chief election officer shall be the state official responsible for implementing this chapter and the State's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, title 52 United States Code section 20301 et seq. (b) The chief election officer shall establish an electronic transmission…
Haw. Rev. Stat. § 15D-5
Overseas voter's registration address
In registering to vote, an overseas voter who is eligible to vote in this State shall use and be assigned to the voting district of the person's residence, or the last place of residence prior to leaving this State, or, in the case of a voter described by paragraph (4) of the definition of "covered voter" under section…
Haw. Rev. Stat. § 15D-6
Methods of registering to vote
(a) To apply to register to vote, in addition to any other approved method, a covered voter may use the federal postcard application, or the application's electronic equivalent for all elections conducted in the State. (b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply…
Haw. Rev. Stat. § 15D-7
Methods of applying for military-overseas ballot
(a) A covered voter who is registered to vote in this State may apply for a military-overseas ballot using the absentee ballot application prescribed in section 15-4, the federal postcard application, or the application's electronic equivalent, as appropriate. (b) A covered voter who is not registered to vote in this S…
Haw. Rev. Stat. § 15D-8
Timeliness and scope of application for military-overseas ballot
An application for a military-overseas ballot shall be timely if received by the request period prescribed under section 15-4. An application for a military-overseas ballot for a primary election, whether or not timely, shall be effective as an application for a military-overseas ballot for the general election and all…
Haw. Rev. Stat. § 15D-9
Transmission of unvoted ballots
(a) No later than forty-five days before the election or, if the forty-fifth day before the election is a weekend or holiday, no later than the business day preceding the forty-fifth day, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and ba…
Haw. Rev. Stat. § 15D-10
Receipt of voted ballot
A valid military-overseas ballot shall be counted if it is received by the close of the voter service center on the day of the election and meets the requirements for absentee ballots pursuant to section 15-9.
Haw. Rev. Stat. § 15D-10.5
Validity of cast military-overseas ballot where covered voter later becomes ineligible
The military-overseas ballot of any covered voter who was eligible to vote at the time the ballot was cast in accordance with this chapter shall not be deemed invalid solely because the covered voter became ineligible to vote, including by death of the voter, after casting the ballot.
Haw. Rev. Stat. § 15D-11
Declaration
A military-overseas ballot shall include or be accompanied by a declaration or affirmation signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury or related offenses under the laws of the United States [or] this State.
Haw. Rev. Stat. § 15D-12
Federal write-in absentee ballot
A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 15D-3.
Haw. Rev. Stat. § 15D-13
Confirmation of receipt of application and voted ballot
The chief election officer, in coordination with local election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether: (1) The voter's federal postcard application or other registration or military-overseas ballot applicatio…
Haw. Rev. Stat. § 15D-14
Use of voter's electronic-mail address
(a) The local election official shall request an electronic-mail address from each covered voter who registers to vote after [July 1, 2012]. An electronic-mail address provided by a covered voter may not be made available to the public or any individual or organization other than an authorized agent of the local electi…
Haw. Rev. Stat. § 15D-15
Publication of election notice
(a) As soon as practicable before an election, an official in each jurisdiction charged with printing ballots and balloting material shall prepare an election notice for that jurisdiction, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot mea…
Haw. Rev. Stat. § 15D-16
Prohibition of nonsubstantive requirements
(a) If a voter's mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified si…
Haw. Rev. Stat. § 15D-17
Equitable relief
A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with or enforce this chapter on application by: (1) A covered voter alleging a grievance under this chapter; or (2) The attorney general of the State. No award of attorney fees or costs shall be permitted in any…
Haw. Rev. Stat. § 15D-18
Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b)…