Haw. Code R. § 3-177-650

Current through September, 2024
Section 3-177-650 - Return and receipt of return identification envelopes; manner, location, and time of receipt
(a) Return identification envelopes maybe returned in person or by mail. To the extent a ballot package was electronically transmitted to a voter, the voter will also have the option of returning the electronic equivalent, of the return identification envelope by electronic transmission. In such a situation, the voter will be required to return at a minimum the ballot or ballot summary, depending on the type-of electronic ballot system used, the waiver of secrecy under HRS § 11-137, and applicable affirmation statement. The waiver may be combined with the affirmation statement.
(b) Any statutory reference to the return of ballots or return identification envelopes by mail shall not be interpreted to preclude- those items being delivered in-person by a voter or their agent.
(c) Any statutory reference to the receipt of ballots or return identification envelopes by the "clerk" or "office of the clerk" shall be interpreted consistently to reflect that appropriate receipt shall have occurred if the clerk, their staff, or others delegated authority by the clerk take custody of return identification envelopes from anyone at any location, including the U.S. Postal Service post office, no later than the applicable deadline provided for in statute.
(d) The following constitutes a non-exhaustive list of locations where identification envelopes (i.e. ballots) may be received:
(1) Voter Service Centers;
(2) Places of Deposit;
(3) Any location designated by the clerk for the receipt of return identification envelopes (e.g. the clerk may have locations that cannot support a voter service center, but could still reasonably accommodate the receipt of return identification envelopes, so long as they are received than the applicable deadline provided for in statute); or
(4) Any location where the clerk, their staff, or others delegated authority by the clerk take custody of return identification envelopes (e.g. the clerk may make arrangements to pick up return identification envelopes at a U.S. Postal Service post office, so long as they are received by the applicable deadline provided for in statute).
(e) To the extent a voter is standing in line at the applicable deadline provided in statute at a place of deposit or at a voter service center with the intent of returning their return identification envelope, they shall be allowed to vote. Likewise, a person or a mail carrier delivering return identification envelopes on behalf of voters, to the extent they are standing in line at a place of deposit or at a voter service center, with the intent of delivering said return identification envelopes they will be permitted to deliver them and they will be considered to have met the applicable deadline. The term "mail carrier" includes the U.S. Postal Service and any private delivery service.
(f) Once a return identification envelope is received, the voter's ballot shall be deemed cast and may not be recast in the election.
(g) Election officials shall secure the return identification envelopes and deliver them to any location that is established to validate signatures or otherwise process the envelopes or their contents.

Haw. Code R. § 3-177-650

[Eff JUL 26 2020] (Auth: HRS §§ 11-4) (Imp: HRS §§ 11-102, 11-104, 11-105, 11-107, 11-109, 11-137, 15-4)