§11-4 Rules. The chief election
officer may make, amend, and repeal rules governing elections held under this
title, election procedures, and the selection, establishment, use, and
operation of all voting systems now in use or to be adopted in the State, and
all other similar matters relating thereto as in the chief election officer's
judgment shall be necessary to carry out this title.
In making, amending, and repealing rules for
voters who cannot vote in person or receive or return ballots by mail, and all
other voters, the chief election officer shall provide for voting by these
persons in a manner that ensures secrecy of the ballot and precludes tampering
with the ballots of these voters and other election frauds. The rules, when
adopted in conformity with chapter 91 and upon approval by the governor, shall
have the force and effect of law. [L 1970, c 26, pt of §2; gen ch 1985; am L 2019,
c 136, §5]
Case Notes
Election officer not authorized to promulgate rule
prohibiting poll watchers from recording the names of those who have voted. 54
H. 254, 506 P.2d 13.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1969–2025 · leading case:
Kahalekai v. Doi, 590 P.2d 543 (Haw. 1979).
Kahalekai v. Doi, 590 P.2d 543 (Haw. 1979).
· cites it 4× “3 E5 of the Rules and Regulations Governing Elections adopted by the Lieutenant Governor pursuant to HRS § 11-4. Authority to determine the form of the ballot by which the proposed amendments were submitted to the electorate for approval was conferred on the Convention by…”
State v. Johnston, 456 P.2d 805 (Haw. 1969).
· cites it 6× “" [37] HRS § 11-4. [38] Id. [39] One state court has held that a shorter residence is sufficient to qualify a person for jury duty although a longer period of residency was required for the conferring of political rights and privileges.”
Hayes v. Gill, 473 P.2d 872 (Haw. 1970).
· cites it 4× “[13] Article III, section 7 Hawaii Constitution; HRS §§ 11-4, 11-8.”
Coray v. Ariyoshi, 506 P.2d 13 (Haw. 1973).
· cites it 6× “HRS § 11-4 provides: § 11-4 Rules and regulations.”
Green Party of Hawaii v. Nago, 365 P.3d 987 (Haw. App. 2015).
· cites it 5× “The chief election officer may make, amend, and repeal such rules and regulations governing elections held under this title, election procedures, and the selection, establishment, use and operation of all voting systems now in use or to be adopted in the State, and all other…”
State v. Albano, 722 P.2d 453 (Haw. 1986).
· cites it 6× “RLH § 11-8 was repealed, reenacted with slight wording changes, and redesignated as HRS § 11-4 in 1968. The pertinent part of the section then read: Any person qualified to and desiring to register as an elector in any county, may present himself at any time during business…”
Jane & John Doe Voters 1-47 v. Cachola (Haw. 2018).
· cites it 2× “ty in which he exercises influence over voters’ receipt of healthcare • Count II Cachola’s violations of HRS § 84-12 regarding confidential information • Count III Cachola’s violations of HRS § 11-137 regarding election fraud 2 • Count IV Cachola’s violations of HRS § 19-6(8), a…”
King v. Lutey (Haw. 2024).
· cites it 2× “HAR § 3-177-652 is a rule adopted by the Chief Election Officer under HRS § 11-4 (Supp. 2019), which authorized the Chief Election Officer to promulgate rules governing elections.”
Rosenlee v. Takahashi (Haw. 2025).
· cites it 2× “HAR § 3-177-652 is a rule adopted by the Chief Election Officer under HRS § 11-4 (Supp. 2019), which authorized the Chief Election Officer to promulgate rules governing elections.”
— Haw. Rev. Stat. § 11-4(1968) — 1 case
State v. Albano, 722 P.2d 453 (Haw. 1986).
“RLH § 11-8 was repealed, reenacted with slight wording changes, and redesignated as HRS § 11-4 in 1968. The pertinent part of the section then read: Any person qualified to and desiring to register as an elector in any county, may present himself at any time during business…”
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