Hawaii Revised Statutes

Haw. Rev. Stat. § 11-26 (2026)

Appeal from ruling on challenge; or failure of clerk to act

✓ current as of July 2026

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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 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.

(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. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(n); am L 1980, c 264, §1(c); gen ch 1985; am L 1990, c 45, §7; am L 2021, c 213, §13]

Case Notes

Where county board of registration only ruled on the individual's right to be or remain a registered voter, which was within the scope of its jurisdiction, and did not mention any possible consequences for the individual's candidacy under the provision applicable to a candidate whose nomination papers have been successfully challenged, board did not exceed its jurisdiction in finding that individual was a candidate for the council seat, an undisputed fact that provided background and context for the appeal, and entering conclusions of law containing extraneous information on the county charter and the residency requirement for running for a council seat. 121 H. 297, 219 P.3d 1084 (2009).

Local board of registration had jurisdiction to consider the merits of appeal of a challenge to a person's voter registration status because Columbus Day, a holiday recognized by the federal government, constitutes a holiday for purposes of the computation of time as to when an act is to be done under §1-29. 139 H. 386, 390 P.3d 1273 (2017).

Notes of Decisions

Cited in 7 cases, 1960–2018 · leading case: Hyland v. Gonzales., 390 P.3d 1273 (Haw. 2017).

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Hyland v. Gonzales., 390 P.3d 1273 (Haw. 2017). · cites it 27× “13 Accordingly, a person under similar circumstances may have had only one day to mail the appeal following actual delivery of the county clerk’s decision.”

Hussey v. Say., 384 P.3d 1282 (Haw. 2016). · cites it 2× “A person ruled against by the county clerk may appeal to the board of registration pursuant to Haw. Rev. Stat. § 11-26 , and an appeal from a board of registration decision must be made to the intermediate court pursuant to Haw.”

Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009). · cites it 2× “Hiraga notified all of the complainants of his decision, and of their right to appeal his decision to the Board of Registration pursuant to HRS § 11-26 (1993). C. Dupree appeals to the Board of Registration and the Board overrules Hira-ga’s decision Dupree, proceeding pro se,…”

Re App. C/C Clerk Re Regis. Buda, 352 P.2d 846 (Haw. 1960). · cites it 3× “§ 11-26 provides: "In case of an appeal from a decision of any board holding any person to be entitled to registration, the name of such person shall be placed or remain upon the register pending the decision of the supreme court concerning the same.”

In re the Appeal of Chung, 352 P.2d 846 (Haw. 1960). · cites it 3× “§ 11-26 provides: “In case of an appeal from a decision of any board holding any person to be entitled to registration, the name of such person shall be placed or remain upon the register pending the decision of the supreme court concerning the same.”

Hussey v. Say, 325 P.3d 641 (Haw. App. 2014). “A person ruled against by the county clerk may appeal to the board of registration pursuant to [HRS] § 11-26 [2009 Repl], and an appeal from a board of registration decision must be made to the intermediate appellate court pursuant to [HRS] § 11-51 [2009 Repl.”

Baker v. Galuteria, 413 P.3d 372 (Haw. App. 2018). “The Notice provided that the appeal was brought pursuant to Hawai'i Revised Statutes ( HRS ) § 11-26 (2009), and would be conducted under the procedures of Hawai'i Administrative Rules ( HAR ) § 3-172-43 (2010).”

— Haw. Rev. Stat. § 11-26(b) — 1 case

Hyland v. Gonzales., 390 P.3d 1273 (Haw. 2017). “13 Accordingly, a person under similar circumstances may have had only one day to mail the appeal following actual delivery of the county clerk’s decision.”

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