Haw. Code R. § 3-177-800

Current through April, 2024
Section 3-177-800 - Paper ballot voting system; voting procedure at the voter service center
(a) The "paper ballot voting system" means the method of recording votes which are counted manually in accordance with HRS §§ 16-21 to 16-29. Neither the paper ballot voting system or paper ballot voting system procedures apply to ballots that were originally meant for any other voting, system, such as the marksense voting system (e.g. marksense ballots cannot be marked or counted under the rules associated with this subchapter).
(b) If a paper ballot voting system is to be used, a demonstration of the proper method to use in marking a paper ballot, shall be available to all voters at the voter service center. A card of instruction detailing: the method of marking ballots and voting shall be posted outside the voter service center and in each voting booth.
(c) The voter may be asked to verify their identity.
(d) The voter may be required to fill out an application that will' be used in conjunction with the statewide voter registration system. In the alternative, they may sign a poll book, depending on how the voter service center is operated. In either case, the poll book or application shall include the ability for the voter to make a mark in the appropriate place if the voter is unable to write for reasons of illiteracy, blindness, or other physical disability. The voter service center official shall print "witnessed by" next to the voter's mark and sign the voter service center official's name.
(e) Before issuing a ballot to a voter, the voter service center official shall fold the ballot in the manner prescribed by the chief election officer or clerk so as to conceal the contents.
(f) Upon receiving the folded ballot, the voter shall proceed into the voting booth and shall mark the ballot in the manner and color of ink or grade of softness of pencil graphite prescribed by the chief election officer as described in the card of instruction. Within the voting booth the voter shall designate each choice by marking an "X", "+", or "%" in the voting position area next to the name of the candidate for whom the voter desires to vote or the question on the ballot for which the voter desires to vote. The voting position area will be designated by the chief election officer on the ballot. The voting position area may include, but not be limited to circles, squares, rectangles, or other shapes. In addition, the chief election officer will determine whether the voting position area is on the right or left hand side of a candidate's name or the ballot question.
(1) Examples of proper marks are:

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(2) Examples of improper marks are:

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(g) The voter shall then refold the ballot using the same folds as when handed to the voter by the voter service center official and shall give the folded ballot to the voter service center official at the ballot box. The official shall not open or unfold the ballot, but shall ensure that the correct number of ballots are deposited in the ballot box.
(h) The voter service center official at the ballot box shall give the voter a receipt.
(i) Voter assistance shall be provided at the voter service center.

Haw. Code R. § 3-177-800

[Eff JUL 26 2020] (Auth: HRS §§ 11-4, 16-22) (Imp: HRS §§ 11-109, 11-139, 12-31, 16-22, 16-23)