VOTING
INFORMATION
THE
RIGHT TO VOTE
The United States
Constitution provides that each citizen has the right to vote. The Constitution of the State of Hawaii
states that anyone who is properly registered may vote in any election. Your party preference and your vote are
secret.
A
person who is imprisoned for a felony or a person declared by a court of law to
be mentally incompetent may have their right to vote revoked. All others who are U.S. citizens; 18 years of
age; and a resident of the state may register and vote in the elections conducted
by the State and Counties in Hawaii.
RESPECT
VOTER RIGHTS
Residents of care home facilities are eligible to vote. To ensure the security and integrity of election related activities at care facilities, staff members are discouraged from participating directly with a voter in the process of registering and/or voting absentee. Staff may assist only upon receiving specific authorization from the resident (voter).
In
accordance with Hawaii Revised Statutes §11-139, any voter who requires assistance to vote
because of physical disability and/or difficulty in reading or writing may ask
any person of his or her choice, as long as the person is not the voter's
employer, employer's agent, or union's agent.
If
a resident of a care facility requests voting assistance from care facility
personnel the following guidelines should protect the voter's rights:
1. Family
Involvement
It may be advisable
to involve the resident's family in the process of application and voting.
2. Voter
Registration
Confirm
that the resident is properly registered to vote.
To register, one
must be a citizen of the United States; at least 18 years of age; and a
resident of the State of Hawaii. The
Affidavit on Application for Voter Registration (known as the Wikiwiki Voter Registration & Permanent Absentee
form) must be completed and delivered or mailed directly to the appropriate
office of the city or county clerk by the registration deadline by the applicant. (Hawaii Administrative
Rules §3-172-21).
A person who has moved or changed their name must update his/her registration prior to voting.
3. Absentee
Voting By Mail
Hawaii Revised
Statues §15-2 allows any registered person to vote using an absentee
ballot. A voter who is unable to vote at
the polls on election day may request an absentee mail
ballot from the city or county clerk in the county of residence. The clerk will mail an absentee ballot and
voting instructions upon receipt of the application from the voter.
Use the Application
for Absentee Voter Ballot (known
as the Wikiwiki Absentee Application
and Wikiwiki Voter Registration &
Permanent Absentee form) to request a ballot. The application must be signed by each respective applicant and sent to the clerk
of the county of residence. If the
signature is a mark, a witness must also sign (Hawaii Revised Statutes §15-4).
4. Service
For Incapacitated Voter
Hawaii Revised
Statutes §15-5 provides that an incapacitated voter may send a representative
to obtain the voter's ballots pursuant to rules.
Hawaii
Administrative Rules §3-174-3(c) states that any voter who is unable to vote at
the polls on election day may, by written request, authorize the clerk to
deliver the ballot through an intermediary other than the voter's employer or
agent of that employer or officer/agent of the voter's union. The request shall contain the same
information required of any voter who requests an absentee ballot.
5. Voting
Assistance
When asked by a voter to render assistance, a family member should be encouraged to provide the assistance. If assistance is provided by the care facility, the staff must remain nonpartisan and have at least two people NOT of the same political party present.
This will ensure that the rights of the residents requesting assistance are protected and may eliminate the appearance of wrong-doing by the care facility or its staff.
6. Prohibited
Uses
An individual or
organization may not duplicate, copy, or otherwise make use of any information
provided on the vote registration forms.
It is unlawful for
any person to use, print, publish, or distribute information acquired directly
or indirectly from the voter registration form. A voter's registration form may be released for election or government
purposes only. (Hawaii Revised Statutes §11-14 and Hawaii Administrative
Rules §3-172-31).
7. Voter
and Election Fraud
Pursuant to Hawaii
Revised Statutes §19-3 the following actions constitute election fraud.
·
a person who directly or indirectly
offers to give valuable consideration and/or offer money to any voter to induce
that voter to vote or refrain from voting or refraining to vote for any
particular person; or
·
a person who directly or indirectly,
personally or through another person, threatens, forces, or intimidates a voter
to refrain from voting, or to vote for any particular person or party at any
election; or
·
a person who votes or attempts to vote
in the name of any other person, living or dead, or in some fictitious name; or
·
a person who has already voted and
knowingly attempts to vote again; or
·
a
person who knowingly gives or attempts to give more than one ballot for the
same office at the time of voting.
Pursuant to Hawaii
Revised Statutes §19-3.5, any person who knowingly furnishes false information
on the Affidavit on Application for Voter
Registration and/or Application for
Absentee Voter Ballot may be guilty of a Class C Felony, punishable by up
to 5 years imprisonment and/or $10,000 fine.
This Factsheet 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)
TTY: 808-453-6150
Neighbor Island TTY
Toll Free: 1-800-345-5915
Internet:
www.hawaii.gov/elections
Office
of Elections – FSVS533D
Rev.
02/28/13