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 Hawaii

2.            Island of Maui (including Molokai, Lanai, and Kahoolawe)

3.            Island of Kauai (including Niihau)

4.            Island of Oahu

 

Each Board consists of three members.

 

Members are appointed by the governor with the advice and consent of the state senate.

 

Board members are appointed to serve four-year terms.

 

In no case shall any board consist entirely of members of one political party.

 

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.

 

APPOINTED BOARDS OF REGISTRATION MEMBERS

Island of Hawaii Board Members

 

Andrew A. Kahili

Philip G. Matlage

Delene K. Osorio

 

Island of Maui (including Molokai, Lanai, and Kahoolawe) Board Members

 

John Henry

Gene Zarro, Jr.

Vacant

 

Island of Kauai (including Niihau) Board Members

 

Michael Curtis

Rose Kurita

Laurie Yoshida

 

Island of Oahu Board Members                    

 

Elise Anderson

Alan A. Burdick

Carlos A. Santana      

 

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.

 

The challenge shall be in writing, explaining the grounds upon which it is based, and be signed by the person making the challenge.

 

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 FACTSHEET is intended for informational purposes only and should not be used as an authority on Hawaii election law. Requirements and/or deadlines may change. Consult the Hawaii Revised Statutes and other sources for more detailed 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)

TTY: (808) 453-6150

http://www.hawaii.gov/elections

Office of Elections – FSPO400AF

Rev. 12/17/2014