Hawaii Revised Statutes

Haw. Rev. Stat. § 11-61 (2026)

"Political party" defined

✓ current as of July 2026

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PART V. PARTIES

Case Notes

State's prohibition on write-in voting, as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under First and Fourteenth Amendments. 504 U.S. 428.

§11-61 "Political party" defined. (a) The term "political party" means any party which has qualified as a political party under sections 11-62 and 11-64 and has not been disqualified by this section. A political party shall be an association of voters united for the purpose of promoting a common political end or carrying out a particular line of political policy and which maintains a general organization throughout the State, including a regularly constituted central committee and county committees in each county other than Kalawao.

(b) Any party which does not meet the following requirements or the requirements set forth in sections 11-62 to 11-64, shall be subject to disqualification:

(1) A party must have had candidates running for election at the last general election for any of the offices listed in paragraph (2) whose terms had expired. This does not include those offices which were vacant because the incumbent had died or resigned before the end of the incumbent's term; and

(2) The party received at least ten per cent of all votes cast:

(A) For any of the offices voted upon by all the voters in the State; or

(B) In at least fifty per cent of the congressional districts; or

(3) The party received at least four per cent of all the votes cast for all the offices of state senator statewide; or

(4) The party received at least four per cent of all the votes cast for all the offices of state representative statewide; or

(5) The party received at least two per cent of all the votes cast for all the offices of state senate and all the offices of state representative combined statewide. [L 1970, c 26, pt of §2; am L 1979, c 125, §3(1); am L 1983, c 34, §3; am L 1986, c 323, §1; am L 1997, c 287, §1; am L 1999, c 205, §1]

Attorney General Opinions

"All votes cast" in determining the qualification of a political party does not include blank ballots. Att. Gen. Op. 81-6.

Change of party name. Att. Gen. Op. 82-1.

General election presidential ballots shall contain the candidate's party or group affiliation along with the candidate's name, regardless of whether the party is qualified under this section and §11-62. Att. Gen. Op. 13-2.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1978–2023 · leading case: Burdick v. Takushi, 504 U.S. 428 (1992).

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Burdick v. Takushi, 504 U.S. 428 (1992). · cites it 2× “Haw. Rev. Stat. § 11-61 (1985). The Democratic, Republican, and Libertarian Parties currently meet Hawaii's criteria for established parties.”

Hustace v. Doi, 588 P.2d 915 (Haw. 1978). · cites it 4× “HRS § 11-61. To qualify as a new party a group must, not later than 150 days prior to the primary election, present a petition containing the signatures of 1% of the registered voters of the state and must file the party rules.”

Griffin v. State of Hawaii (D. Haw. 2021). · cites it 10× “Under Haw. Rev. Stat. § 11-61 (b), a party is disqualified if it does not: (2) [Receive] at least ten per cent of all votes cast: (A) For any of the offices voted upon by all the voters in the State; or (B) In at least fifty per cent of the congressional districts; or (3)…”

Dicks v. Hawaii Repub. Party (D. Haw. 2023). · cites it 2× “§ 705-520 ; (9) Haw. Rev. Stat. § 11-61 ; (10) Haw Rev. Stat.”

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