§11-154 Records, etc.; disposition.
The voted ballots shall be kept secure and handled only in the presence of
representatives not of the same political party or official observers in
accordance with rules adopted for the various voting systems. After all the
ballots have been tabulated they shall be sealed in containers. Thereafter,
these containers shall be unsealed and resealed only as prescribed by rules
governing elections.
The ballots and other election records may be
destroyed by the chief election officer or clerk when all elected candidates
have been certified by the chief election officer, or in the case of candidates
for county offices, by the clerk and after compliance with retention schedules
of applicable federal law. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ww);
am L 2019, c 136, §23]
Cross References
Records open to inspection, see §11-97.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2019–2025 · leading case:
Waters v. Nago, 468 P.3d 60 (Haw. 2019).
Waters v. Nago, 468 P.3d 60 (Haw. 2019).
“(d) If any of the above requirements is not met or if the return or ballot envelope appears to be tampered with, the clerk or the absentee ballot team official shall mark across the face of the envelope “invalid” and it shall be kept in the custody of the clerk and disposed of…”
Iwasa v. Nago, 148 Haw. 46 (Haw. 2019).
“(d) If any of the above requirements is not met or if the return or ballot envelope appears to be tampered with, the clerk or the absentee ballot team official shall mark across the face of the envelope “invalid” and it shall be kept in the custody of the clerk and disposed of…”
King v. Lutey (Haw. 2024).
“(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…”
Rosenlee v. Takahashi (Haw. 2025).
“(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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.