Hawaii Administrative Rules
Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
Office of Elections
Chapter 177 - RULES OF THE OFFICE OF ELECTIONS
Subchapter 12 - VOTER SERVICE CENTER - VOTING PROCEDURE
Section 3-177-550 - Voter service center; verification of the identity of currently registered voters

Universal Citation: HI Admin Rules 3-177-550

Current through February, 2024

(a) 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, record book, or similar means of documenting matters depending on how the voter service center is operated. In either case, the poll book, record book, application, or similar means of documenting matters 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.

(b) To the extent the clerk utilizes an application as part of the voting process, the identity of a voter will be considered verified upon the acceptance and determination by- an election official that the application is in proper order. The application additionally may serve to update a voter's registration record or permit an individual to register to vote for the first time.

(c) Any such application used for purposes of verification will require the voter to provide their name, date of birth, residence address, and mailingaddress. Additionally, the voter will provide their Hawaii Driver License Number, Hawaii State Identification number, or the last four digits of their Social Security Number, if-they do not have a Hawaii Driver License or Hawaii State Identification Card. If the voter indicates they originally had none of these when they initially registered and instead were issued a unique identification number by election officials, then the applicant shall write that number on the application. The contents of the application may additionally require any information that might otherwise be required for a first time registration or to update a current registration.

(d) Any such application used for verification purposes will not be initially considered in proper order if the individual's name, date of birth, or the identification number they provided (i.e. Hawaii Driver License Number, Hawaii State Identification Card Number, or Social Security Number) does not match the statewide voter registration. In the event of a non-match, the application will be treated initially as a new registration or provisional ballot application, to the extent it contains the necessary information. Otherwise, the. applicant will be directed to fill out an application that can serve those purposes.

(e) A clerk may choose to verify a voter's identity, without the above application. As such, the voter may be asked for one of the following:

(1) The provision of a current and valid photo identification:

(A) Hawaii State Driver License;

(B) Hawaii State Identification Card;

(D) U.S. Department of Defense Identification Card (including identification cards issued to dependents);

(E) U.S. Passport or U.S. Passport Card; or

(F) Driver License or State Photo Identity Card issued by a Department of Motor Vehicles (or equivalent) in another U.S. jurisdiction.

(2) The provision of a current utility bill, bank statement, government check, paycheck, or other government document showing name and address;

(3) An oral recitation of specific information in the voter's record to the satisfaction of clerk or their designee that the individual is who they claim to be (e.g. name, residence address, mailing address, date of birth, last four digits of the Social Security Number, or any combination of information in the record);

(4) The provision in writing of the information noted in subsection (d)(3);

(5) The provision of a witness, who is a registered voter, who will vouch in writing for the identity of the voter; or

(6) The provision of evidence that the individual considers sufficient to establish their identity. The individual has the burden of proof in this situation to satisfy the clerk or their designee by the preponderance of the evidence that the individual is who they claim to be.

(f) To the extent everything is in order, the individual will be able to proceed to vote in the manner associated with the voter service center.

(g) In the event an individual is not issued a ballot, they will retain whatever right they may have to a provisional ballot and the corresponding procedures related to the disposition of such ballots.

(h) Nothing in this rule shall be construed as preventing the clerk from exercising their underlying authority to demand that an individual furnish substantiating evidence to allegations in their voter registration application or any application related to voter registration. This includes any application at a voter service center that could serve to register an individual or to update their registration. For example, a clerk may be satisfied as to the identity of an applicant but. may question other aspects of the application, such as residence and correspondingly demand substantiating evidence. Likewise, this rule does not. foreclose the ability of another voter properly in the voter service center from challenging the voter on the grounds that the voter is not who they allege to be or that the voter is not entitled to vote.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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