(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 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.

Terms Used In Hawaii Revised Statutes 11-26

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Voter service center: means a location within the county of the voter's registration address established pursuant to section 11-109 to serve all of the following purposes:

    (1) Receive return envelopes for absentee ballots pursuant to chapter 15;

    (2) Receive return identification envelopes in an election by mail conducted pursuant to part VIIA;

    (3) Provide voting machine services for persons with disabilities pursuant to the Help America Vote Act of 2002, P. See Hawaii Revised Statutes 11-1

(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. 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.
(c) If the appeal is sustained, the board shall immediately certify that finding to the clerk, who shall thereupon alter the register to correspond to the findings of the board, and when necessary, the clerk shall notify the voter service center officials of the change in the register.

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