RELATING TO ELECTIONS.

HB1435

HOUSE OF REPRESENTATIVES

H.B. NO.

1435

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to elections
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
�
The legislature finds that the boards
of registration were created to provide immediate resolution of voter challenges
ruled on by precinct officials.
�
However,
since the State transitioned to a vote-by-mail model, the number of incidents
requiring immediate resolution have significantly declined.

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The
legislature further finds that nearly every decision rendered by a board of
registration has been appealed to the state appellate courts.
�
Thus, the process for appealing decisions by
precinct officials would be streamlined by removing boards of registration.

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The
legislature further notes, however, that the appellate court may not be able to
act in a timely fashion as it requires multiple judges to convene.
�
In this respect, it would be more prudent for
an on-call circuit judge to hear elections disputes.

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The
purpose of this Act is to replace the boards of registration with an on-call circuit
judge for purposes of hearing elections disputes.

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SECTION
2.
�
Section 11-1, Hawaii Revised
Statutes, is amended by adding a new definition to be appropriately inserted
and to read as follows:

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"
"On-call
circuit judge" means a judge of the circuit court who is on call in the
respective judicial circuits.
"

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SECTION
3
.
�
Section 11-13, Hawaii Revised Statutes, is
amended to read as follows:

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"
�11-13
�

Rules for determining residency.
�

For the purpose of this title, there can be only one residence for an
individual, but in determining residency, a person may treat oneself separate
from the person's spouse.
�
The following
rules shall determine residency for election purposes only:

����
(1)
�
The residence of a person is that place in
which the person's habitation is fixed, and to which, whenever the person is
absent, the person has the intention to return;

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(2)
�
A person does not gain residence in any
precinct into which the person comes without the present intention of
establishing the person's permanent dwelling place within such precinct;

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(3)
�
If a person resides with the person's family
in one place, and does business in another, the former is the person's place of
residence; but any person having a family, who establishes the person's
dwelling place other than with the person's family, with the intention of
remaining there shall be considered a resident where the person has established
such dwelling place;

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(4)
�
The mere intention to acquire a new residence
without physical presence at such place, does not establish residency, neither
does mere physical presence without the concurrent present intention to
establish such place as the person's residence;

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(5)
�
A person does not gain or lose a residence
solely by reason of the person's presence or absence while employed in the
service of the United States or of this State, or while a student of an
institution of learning, or while kept in an institution or asylum, or while
confined in a prison;

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(6)
�
No member of the armed forces of the United
States, the member's spouse or the member's dependent is a resident of this
State solely by reason of being stationed in the State;
and

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(7)
�
A person loses the person's residence in this
State if the person votes in an election held in another state by absentee
ballot or in person.

In case of question, final determination of
residence shall be made by the clerk, subject to appeal to the [
board of
registration under part III of this chapter.
]
on-call circuit judge.
"

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SECTION
4
.
�
Section 11-20, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

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"(c)
�
A voter may contest the transfer on or before
election day by presenting evidence that the voter actually resides at the old
address which, if found valid by the clerk or the [
board of registration,
]

on-call circuit judge,
shall entitle the voter to be returned to the old
voting list."

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SECTION
5
.
�
Section 11-22, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

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"(b)
�
In any case where the clerk refuses to
correct the register, the person may appeal to the [
board of registration
]

on-call circuit judge
and the register shall be changed upon a written
order of the [
board of registration,
]
on-call circuit judge,

setting forth the reasons for the change.
�

The order shall be directed to the clerk.
�
The clerk, upon receipt of any order from the
[
board of registration,
]
on-call circuit judge,
shall correct the
register according to the terms of the order, making on the register a
reference to the order."

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SECTION
6
.
�
Section 11-25, Hawaii Revised Statutes, is
amended as follows:

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1.
�
By amending subsection (a) to read:

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"(a)
�
Any registered voter may challenge the right
of a person to be or to remain registered as a voter in any precinct for any
cause not previously decided by the [
board of registration
]
on-call
circuit judge
or [
the supreme court
]
an appellate court
in
respect to the same person.
�
The
challenge shall be in writing, setting forth the grounds upon which it is
based, and be signed by the person making the challenge.
�
The challenge shall be delivered to the clerk
who shall immediately serve notice thereof on the person challenged.
�
The clerk shall, as soon as possible,
investigate and rule on the challenge."

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2.
�
By amending subsection (c) to read:

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"
(c)
�
If neither the challenger nor the challenged
voter appeals the ruling of the clerk, then the voter shall either be allowed
to vote or be prevented from voting in accordance with the ruling.
�
If an appeal is taken to the [
board of
registration,
]
on-call circuit judge,
the challenged voter shall be
allowed to vote; provided that the ballot is placed in a sealed envelope to be
later counted or rejected in accordance with the ruling on appeal.
�
The chief election officer shall adopt rules
in accordance with chapter 91 to safeguard the secrecy of the challenged voter's
ballot."

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SECTION
7
.
�
Section 11-26, Hawaii Revised Statutes, is
amended to read as follows:

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"
�11-26
�

Appeal from ruling on challenge; or failure of clerk to act.
�
(a)
�
In
cases where the clerk, or voter service center officials, rules on a challenge
on election day, the person ruled against may appeal from the ruling to the [
board
of registration of the person's county
]
on-call circuit judge
for
review [
under part III
].
�
The
appeal shall be brought before the challenger and challenged party leave the
voter service center.
�
If an appeal is
brought, both the challenger and the challenged voter may be parties to the
appeal.

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(b)
�
In cases where the clerk rules on a
challenge, prior to election day, or refuses to register an applicant, or
refuses to change the register under section 11-22, the person ruled against
may appeal from the ruling to the [
board of registration of the person's
county.
]
on-call circuit judge.
�

The appeal shall be brought within ten days of service of the adverse
decision.
�
Service of the decision shall
be made personally or by registered mail, which shall be deemed complete upon
deposit in the mails, postage prepaid, and addressed to the aggrieved person's
last known address.
�
If an appeal from a
decision on a challenge prior to election day is brought, both the challenger
and the challenged voter may be parties to the appeal.

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(c)
�

The on-call circuit judge shall hear and determine the appeal as
expeditiously as practicable.
�
If the
appeal is sustained, the [
board
]
on-call circuit judge
shall
immediately certify that finding to the clerk, who shall thereupon alter the
register to correspond to the findings of the [
board,
]
on-call
circuit judge,
and when necessary, the clerk shall notify the voter service
center officials of the change in the register."

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SECTION
8.
�
Chapter 11, Hawaii Revised Statutes,
is amended by the title of part IV to read as follows:

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"
PART
IV.
�
APPEAL FROM [
BOARD OF
REGISTRATION
]
ON-CALL CIRCUIT JUDGE
"

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SECTION
9
.
�
Section 11-51, Hawaii Revised Statutes, is
amended to read as follows:

�
���
"
�11-51
�
Appeal from [
board.
]
on-call
circuit judge.
�
Any affected
person, political party, or any of the county clerks, may appeal to the
intermediate appellate court[
, subject to chapter 602, in the manner
provided for civil appeals from the circuit court
]; provided that the
appeal is brought no later than 4:30 p.m. on the tenth day after the [
board
]

on-call circuit judge
serves its written decision, including findings of
fact and conclusions of law, upon the appellant.
�
This written decision of the [
board
]
on-call
circuit judge
shall be a final appealable order.
�
The [
board
]
on-call circuit judge

shall not consider motions for reconsideration.
�

Service upon the appellant shall be made personally or by registered
mail, which shall be deemed complete upon deposit in the mails, postage
prepaid, and addressed to the appellant's last known address."

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SECTION
10
.
�
Section 11-53, Hawaii Revised Statutes, is
amended to read as follows:

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"
�11-53
�

Decision, notice; action on.
�

Immediately upon rendering a final decision upon any appeal, the court
shall notify the [
board of registration
]
on-call circuit judge

from which the appeal was taken; and if the decision reverses the decision of
the [
board,
]
on-call circuit judge
the [
board
]
on-call
circuit judge
shall immediately order the register to be corrected to
conform with the decision."

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SECTION
11
.
�
Section 11-54, Hawaii Revised Statutes, is
amended to read as follows:

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"
�11-54
�

Status pending appeal.
�
In
case of an appeal from a decision of any [
board of registration
]
on-call
circuit judge,
the name of the person shall be placed or remain upon the
register pending the decision of the appellate courts concerning the same.
�
If the person so registered votes at any
election before the appeal is decided and acted upon, the ballot of such voter
shall be handled in accordance with section 11-25(c)."

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SECTION
12
.
�
Section 11-96, Hawaii Revised Statutes, is
amended to read as follows:

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"
�11-96
�

Records prima facie evidence.
�

Every record made pursuant to law by [
a board of registration of
voters, or
] the precinct officials, shall be a prima facie evidence of the facts
therein set forth, and shall be received as such in any court or tribunal in
which the same is offered in evidence."

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SECTION
13
.
�
Section 14-22, Hawaii Revised Statutes, is
amended to read as follows:

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"
�14-22
�

Contested nominations of presidential electors and alternates.
�
(a)
�
If more than one certificate of choice and
selection of presidential electors and alternate electors of the same political
party or group is filed with the chief election officer, as chairperson of the
contested presidential electors' committee hereby constituted, the chief
election officer shall notify the state comptroller and attorney general, who
are the remaining members of the committee, of the date, time, and place of the
hearing to be held for the purposes of making a determination of which set of
electors and alternative electors were lawfully chosen and selected by the
political party or group.
�
Notice of the
hearing shall be given to the chairperson of the state central committee of
each political party and the chairperson of each party or group qualified under
section 11-113, contestants for the positions of electors and alternate
electors by written notice, and to all other interested parties by public
notice at least once.
�
A determination
shall be made by the committee by majority vote not later than 4:30 p.m. on
October 30 of the same year and the determination shall be final.
�
Notice of the results shall be given to the
nominees duly determined to have been chosen.

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(b)
�
The committee shall have [
all
] the
following

powers [
enumerated in section 11-43.
]
and authority for:

����
(1)
�
The summoning and examining of witnesses
and the maintenance of order, including the power to punish for contempt and
award witness fees in accordance with section 621-7, by law given to circuit
courts; and

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(2)
�
The administering of oaths in all cases in
which oaths are by law authorized.
"

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SECTION
14
.
�
Section 19-6, Hawaii Revised Statutes, is
amended to read as follows:

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"
�19-6
�

Misdemeanors.
�
The following
persons shall be guilty of a misdemeanor:

����
(1)
�
Any person who
offers any bribe or makes any promise of gain, or with knowledge of the same,
permits any person to offer any bribe or make any promise of gain for the
person's benefit to any voter to induce the voter to sign a nomination paper,
and any person who accepts any bribe or promise of gain of any kind as
consideration for signing the same, whether the bribe or promise of gain be
offered or accepted before or after the signing;

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(2)
�
Any person who
wilfully tears down, destroys, or defaces any election proclamation, poster,
notice, facsimile ballot, or election signage issued or posted by authority of
law;

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(3)
�
Any person
printing or duplicating or causing to be printed or duplicated any ballot,
conforming as to the size, weight, shape, thickness, or color to the official
ballot so that it could be cast or counted as an official ballot in an
election;

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(4)
�
Every person who
is disorderly or creates a disturbance [
whereby any meeting of the board of
registration of voters during an election is disturbed or interfered with; or
]
whereby any person who intends to be lawfully present at any [
meeting or
]
election is prevented from attending; or who causes any disturbance at any
election; and every person assisting or aiding or abetting any disturbance;

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(5)
�
Every person who,
either in person or through another, [
in any manner breaks up or prevents,
or endeavors to break up or prevent, the holding of any meeting of the board of
registration of voters, or
] in any manner breaks up or prevents, or
endeavors to break up or prevent, the holding of any election;

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(6)
�
Any person, other
than those designated by section 11-132, who remains or loiters within the area
set aside for voting as set forth in section 11-132 during the time appointed
for voting;

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(7)
�
Any person, including
candidates carrying on any campaign activities within the area described in
section 11-132 during the period of time starting one hour before voting opens
and ending when voting closes for the purpose of influencing votes.
�
Campaign activities shall include the
following:

���������
(A)
�
Any distribution,
circulation, carrying, holding, posting, or staking of campaign cards,
pamphlets, posters, and other literature;

���������
(B)
�
The use of public
address systems and other public communication media;

���������
(C)
�
The use of motor
caravans or parades; and

���������
(D)
�
The use of
entertainment troupes or the free distribution of goods and services;

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(8)
�
Any person who
opens a return envelope containing:

���������
(A)
�
An absentee ballot
voted under chapter 15 other than those persons authorized to do so under
chapter 15; or

���������
(B)
�
A ballot voted by
mail under part VIIA of chapter 11 other than those persons authorized to do so
under part VIIA of chapter 11;

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(9)
�
Any unauthorized
person found in possession of any voting machine or keys thereof;

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(10)
�
Any
person other than the postal service or the clerk
as authorized in section 11-109, who sponsors, establishes, or displays a
collection receptacle for the purpose of receiving voted mail ballots or ballot
return envelopes in an election; and

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(11)
�
Every
person who wilfully violates or fails to obey any of the provisions of law,
punishment for which is not otherwise specified in this chapter."

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SECTION
15
.
�
Chapter 11,
part III, Hawaii Revised Statutes, is repealed.

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SECTION 16.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION
17.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 18.
�
This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Elections;
Boards of Registration; On-Call Circuit Judge

Description:

Replaces
the boards of registration with on-call circuit judges to hear elections
disputes.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.