(a) If a ballot package is not received by a voter by the fifth day before the date of the election or a voter otherwise requires a replacement ballot within five days of an election, the voter may request that a ballot be forwarded by electronic transmission. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit the appropriate ballot, voting information, and a waiver of the right to secrecy under section 11-137. The waiver of the right to secrecy shall not be required if the voted ballot is returned in a signed ballot return identification envelope issued to the voter pursuant to § 11-102.

Terms Used In Hawaii Revised Statutes 11-107

  • Ballot: includes :

    (1) A ballot summary reflecting a complete record of the ballot selections made by a voter utilizing an HTML ballot or similar accessible ballot that produces a ballot summary;

    (2) A voter verifiable paper audit trail in the event there is a discrepancy between a voting machine's electronic record of the voted ballot and the voter verifiable paper audit trail; and

    (3) A ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1

  • Closing hour of voting: means 7:00 p. See Hawaii Revised Statutes 11-1
  • Electronic transmission: means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot. See Hawaii Revised Statutes 11-1
(b) The voter may return the completed replacement ballot and executed forms:

(1) By electronic transmission so that the completed replacement ballot and executed forms are received by the clerk or the clerk’s designee no later than the closing hour of voting; or
(2) In the same manner as provided in section 11-104(c).
(c) A voter with special needs may request that a ballot be forwarded by electronic transmission at any time, but no earlier than the date that the voter’s initial ballot package was or would have been transmitted. Upon receipt of such a request and confirmation that the voter has not already voted, the clerk may transmit the appropriate ballot, voting information, and a means of electronic authentication that does not include the voter’s hand written signature or a waiver of secrecy. The voter with special needs may return the completed ballot and executed forms by any of the methods specified in subsection (b); provided that the voter’s hand written signature or a waiver of secrecy shall not be required.
(d) Upon receipt, the clerk shall verify compliance with the requirements of this part; provided that if the voter returns multiple voted ballots for the same election, the clerk shall prepare only the first ballot returned that is not spoiled.
(e) The clerk may maintain a listing of voters with special needs that utilize a ballot forwarded by electronic transmission to facilitate the provision of voting services in subsequent elections.

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