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Election Law @ Moritz

Election Law @ Moritz


2008 Key Questions for Key States

Hawaii

The complete research by Election Law @ Moritz for Hawaii can be found below.

Institutional Arrangements

State Chief Election Authorities

Other appointed individual

Chief election authority: State Chief election authority. St. § 11-1.6.

Method of selection: Appointed by elections commission. St. § 11-1.6. The elections commission consists of nine members, four of which are from each major party. St. § 11-7. The ninth member is appointed by the other eight.

Current officer: Kevin B. Cronin. Wisconsin lawyer named Hawaii’s Chief election authority, The Honolulu Advertiser, December 12, 2007. (Last updated 1/1/08)

State High Court Composition

Unknown affiliation/appointed

Method of selection: Gubernatorial appointment with advice and consent of Senate. Const. Art. 6, §§ 2-3.

Justices: Ronald T.Y. Moon (appointed by D), Steven H. Levinson (appointed by D), Paula A. Nakayama (appointed by D), Simeon R. Acoba, Jr. (appointed by D), James E. Duffy, Jr. (appointed by Lingle (R)) (Last updated 12/20/07)

Sources:

Voter Registration

EL@M did not research this topic for Hawaii

Challenges

EL@M did not research this topic for Hawaii

Provisional Ballots

EL@M did not research this topic for Hawaii

Early and Absentee Voting

EL@M did not research this topic for Hawaii

Voting Technology

EL@M did not research this topic for Hawaii

Polling Place Operations

Polling place closing times - local times

6:00 PM local time

Polling place closing times - by Eastern time zone

2:00 AM Eastern time - Hawaii

Ballot Security

EL@M did not research this topic for Hawaii

Emergency Preparedness

EL@M did not research this topic for Hawaii

Post-Election Processes

What Court Would Hear a Presidential Contest?

State supreme court

Hawaii Presidential general election contests are filed in the state Supreme Court. HI ST § 11-172. The Supreme Court justices are appointed by the governor. HI Const. Art. 6, § 3. Hawaii Presidential primary contests are decided by a committee comprised of the Secretary of State, the state comptroller, and state attorney general. HI ST § 14-22. 

Who Performs Presidential recounts?

No Presidential recount allowed

Hawaii statutes do not authorize recounts as such, even as part of an election contest. Akaka v. Yoshina, 84 Hawai’i 383, 390 (Hawai’i, 1997). However, in an election contest the court may “do whatsoever… may be necessary fully to determine the proceedings,” which could include an examination of ballots. § 11-175. The results of the examination could be used as evidence, but in themselves probably would not be determinative. Hawaii law does not specify who would conduct such an examination, and it would probably be left up to the court to decide.