Haw. Code R. § 3-177-651 : DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES —Office of Elections — RULES OF THE OFFICE OF ELECTIONS — RETURN IDENTIFICATION ENVELOPE PROCEDURES —177-651 - Return identification envelopes; general preparing of ballots for counting

(a) Upon receipt of the return identification envelope, the clerk may prepare the ballots for counting. Before opening return identification envelopes and counting the ballots, the return identification envelopes shall be checked for the following:

(1) Signature on the affirmation, statement;

(2) Whether the signature corresponds with a reference signature image using the provisions of HAR § 3-177-652; and

(3) Whether there is a condition that would not allow the counting of the contents of the return identification envelope (e.g. the. voter has already voted, or otherwise returned a return identification envelope that has been validated).

(b) If any requirement listed in subsection (a) is not met or if the return identification envelope appears to be tampered with, the clerk shall mark across the face of the envelope "invalid" and it shall be kept in the custody of the clerk and disposed of as prescribed for ballots in HRS § 11-154, unless it is subsequently determined to be valid. To the. extent a return identification envelope is deemed invalid, the provisions of HAR § 3-177-654 relating to the correction of deficient return identification envelopes may apply.

(c) Notwithstanding anything to the contrary, if a return identification envelope is initially determined to be valid and it is subsequently found that the return identification envelope is empty or otherwise the contents cannot be counted, it may be invalidated (e.g. the return identification envelope typically has a hole that permits one to confirm that there is an enclosed secret ballot envelope, sleeve, or ballot).

(d) The return identification envelope of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote after casting the ballot (e.g. subsequent death or other basis, of ineligibility will not invalidate ballot). For the purposes of this subsection, "cast" means that the voter has:

(1) Deposited the return identification envelope in the mail;

(2) Delivered the return identification envelope to the clerk; or

(3) Completed voting in person at a voter service center.

However, a ballot will not be considered for counting if it was not received by the applicable statutory deadline on the day of the election.

(e) All return identification envelopes complying with subsection (a) shall be deemed valid and secured by election officials for subsequent processing and counting.

Haw. Code R. § 3-177-651

[Eff JUL 26 2020] (Auth: HRS § 11-4) (Imp: HRS §§ 11-106, 11-107, 11-108, 11-154, 15-3.5, 15-9, 15D-10, 15D-10.5)