FACTSHEET
bOARDS OF REGISTRATION
PURPOSE
The purpose of the Boards of Registration is to hear and decide appeals that arise from a voter challenge or a clerk’s decision regarding voter registration. The Boards of Registration and their duties and powers are set forth in Chapter 11 of the Hawaii Revised Statutes (HRS).
COMPOSITION (HRS §11- 41)
There is one Board of Registration for each of the basic island units:
1. Island of Oahu
2. Island of Hawaii
3. Island of Maui (including Molokai, Lanai, and Kahoolawe)
4. Island of Kauai (including Niihau)
The Boards of Registration are administratively attached to the Department of Accounting and General Services. When convened, the Boards of Registration receive staff support from the chief election officer (or his representative), the city or county clerk, legal counsel from the Office of the Attorney General, and a secretary.
Island of Oahu Board Members
Victoria A. Franco
Alan A. Burdick
Anne M. Chipchase
Island of Hawaii
Board Members
Delene K. Osorio
Philip G. Matlage
Andrew A. Kahili
Island of Kauai (including Niihau) Board Members
Daniel Kawamura
Rose Kurita
Vacant
Island of Maui (including Molokai, Lanai, and Kahoolawe) Board
Members
Susan M. Pirsch
Gene Zarro, Jr.
Brandon A. Starr
Each Board of Registration convenes in their respective counties on Election Day. A Board may also be convened at the request of the respective city or county clerk to hear appeals, and shall continue to remain convened until all appeals have been heard. HRS §11‑41(c).
REGISTRATION DISPUTES (HRS §11-22(b), §11-26(c), §11-51)
·
In any
case where the clerk refuses to correct the register the person may appeal to
the Board of Registration.
·
The
register shall be changed upon a written order of the Board of Registration.
·
The
written order shall set forth the reasons for the change.
·
The
order shall be directed to the clerk or to the precinct officials of the
polling place where the voter is entitled to vote if the register has been
closed.
·
The
precinct officials shall then correct the list of voters according to the terms
of the order, noting on the list the reasons for the correction.
·
The
original order shall be sent to the clerk as soon as may be possible after the
close of polls.
·
The
clerk shall then correct the register according to the terms of the order,
making on the register a reference to the order.
·
If the
appeal is sustained, the Board of Registration shall immediately certify that
finding to the clerk, who shall then alter the register to correspond to the
findings of the Board of Registration.
·
When
necessary, the clerk shall notify the precinct officials of the change in the
register.
·
The
ruling of the Board of Registration may be appealed to the Intermediate Appellate
Court.
VOTER CHALLENGES PRIOR TO ELECTION DAY (HRS §11-25(a))
·
Prior to Election Day, any registered voter may challenge the right of a
person to be or to remain registered as a voter.
1. The challenge shall be in writing, explaining the grounds upon which it is based, and be signed by the person making the challenge.
2. The clerk upon receipt of a written challenge shall investigate and rule on the challenge as soon as possible.
VOTER CHALLENGES ON ELECTION DAY (HRS §11-25(b))
·
Any registered voter who is rightfully in the polling place may
challenge another voter’s right to vote on the grounds that:
1. The voter is not the person the voter alleges to be.
2. The voter is not entitled to vote in that precinct.
·
The challenged voter is first given the opportunity to make the relevant
correction and the challenge shall be considered and decided upon immediately
by the precinct officials.
APPEAL
FROM RULING ON CHALLENGE (HRS §11-26, HRS §11-51)
·
The appropriate Board of Registration hears any appeals to the rulings
made by the clerk.
·
Either the challenger or the challenged voter has the right to appeal on
any ruling made by the clerk or precinct official to the appropriate Board of
Registration.
·
The ruling of the Board of Registration may be appealed to the Intermediate
Appellate Court.
COMPENSATION (HRS §11-42)
Members of the Boards of
Registration shall be compensated pursuant to a schedule established by the
chief election officer. The schedule shall be contained in rules adopted
pursuant to chapter 91. [L 1970, c26, pt of §2; am L 1979, c133, §1; am L 1987,
c 210, §1; am L 1998, c 56, §1]
RECORDS OF PROCEEDINGS (HRS §11-44)
Each Board of Registration shall each keep books of record in which full and detailed minutes shall be preserved of all their proceedings. The day-to-day file includes date and place of meeting, names of the Board of Registration members present, the name of each person to whom oath is administered, name of challenger, and all other matters of detail that are likely to have bearing upon the action of the board or any person appearing before it.
This document is intended
for informational purposes only and should not be used as an authority on the
Hawaii election law and deadlines. Requirements and/or deadlines may change
pending changes in legislation. Consult the Hawaii Revised Statutes and other
sources for more detailed and accurate requirements.
Office of Elections
802 Lehua Avenue
Pearl City, Hawaii 96782
Phone: (808) 453-VOTE(8683)
Neighbor Island Toll Free: 1-800-442-VOTE (8683)
Office of Elections – FSPO400AA
Revised: January 16, 2013