Hawaii Administrative Rules
Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
Office of Elections
Chapter 177 - RULES OF THE OFFICE OF ELECTIONS
Subchapter 16 - VOTE DISPOSITION
Section 3-177-764 - Challenged voter's ballot; disposition, of at counting center

Universal Citation: HI Admin Rules 3-177-764

Current through February, 2024

(a) As it relates to a challenged voter's ballot, it will only be counted if the clerk informs the counting center manager that the resolution of the challenge is for the challenged voter's ballot to be counted. The resolution of the challenge may occur through the expiration of the deadline to appeal a decision of the board of registration saying the ballot should be counted, the waiving of any right of appeal prior to the deadline, or a ruling by. the intermediate court of appeals to count the ballot.

(b) If the challenged voter's ballot is to be counted, counting center officials shall prepare the ballot for processing. The ballot shall be counted using procedures established by the chief election officer. In all cases, the secrecy of the ballot must be preserved. If the secrecy of the ballot cannot be preserved, the challenged ballot shall not be processed except to break a tie vote, as ordered by the appellate court. It shall be disposed of as provided by law.

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