Student Voting Project | Hawaii

Voting at School

ID Requirements

Voting officials have the authority to request ID from any voter on Election Day.  Although state law does not specify what form that identification should take, the Secretary of State's web site instructs voters to bring a picture ID that includes a signature to the polls.  Student ID will be accepted for this requirement, but separate confirmation of your address will be required.

 First-time voters who register by mail must also either submit a copy of their identification with their registration or be prepared to show ID at the polls or to submit a copy with their absentee ballot.  You can provide a current and valid photo ID, including a student ID, or a current utility bill, bank statement, government check, paycheck or government document that shows your name and address.  Cell phone bills and online printouts will both be accepted.

If you can't show either form of ID, you should be entitled to vote a provisional ballot; it is unclear under what circumstances that ballot would be counted.

Registration Requirements

Registration closes at 4:30 p.m. 30 days before Election Day. If you register by mail, Hawaii's law currently requires that your application must be received by your county clerk by that deadline.

Residency Requirements

Students who have a present intent to make Hawaii their permanent home can establish residency in their college communities.  In all likelihood, this means your permanent home as long as you're in school, without regard to your post-graduation plans. The Secretary of State's office reiterated that a present intent to make Hawaii your residence is sufficient to establish residency for voting purposes.  Residency for voting equals domicile in Hawaii. Under Hawaiian law, your residence is your fixed home, meaning that it's the place where you intend to return after being away. To gain Hawaiian residency, you must move to the state with the dual intention of abandoning your former home and establishing a fixed home in Hawaii.

Students who lived in Hawaii before moving to another state for school, and who wish to establish or keep their Hawaii voting residency (i.e. at the parents' address), should have no problem doing so unless they've already registered to vote in another state.  Like all states, Hawaii allows students to keep their voting residency even if they move out of the county or state to attend school.  The only way you might lose this residency is if you "abandon" it by asserting residency in a new state. While registering to vote in another state is not automatically considered an abandonment of residency in Hawaii, some judges or officials might view it as such.  Under Hawaii law, casting a ballot in another state is an abandonment of Hawaii residency, and students who have voted in other states will have to re-establish Hawaii residency before voting there.

Challenges to Residency

The county clerk has the initial discretion to approve or disapprove your registration on the basis of your residency, and can demand that you show proof of your residency.  If the clerk refuses to register you, you can appeal to the county board of registration.  You can then appeal any decision by the county board in court.

Any registered voter may challenge your registration by submitting a challenge in writing stating the reasons for the challenge to the county clerk.  The clerk must notify you that your registration has been challenged and will investigate and rule on the challenge.  An appeal may be taken to the board of registration. You can then appeal any decision by the county board in court.

Any registered voter can also challenge your eligibility on the basis of residency on Election Day.  The challenge will be decided immediately by officials at the polling place; if they decide you aren't eligible, you can still decide to cast a challenged ballot and appeal their decision to the county board of registration.  You can then appeal any decision by the county board in court.

Absentee Requirement

Any registered voter may vote absentee in Hawaii. Your absentee ballot request must be received by your county clerk by 4:30 p.m. 7 days before Election Day.  Blank applications are available online at the web site of the Hawaii Office of Elections.  If you don't receive your ballot within 5 days of the election, you can request it to be sent to you by fax and then return it by fax as well.  Ballots must be received before polls close on Election Day. 

Voting at Home

ID Requirements

Voting officials have the authority to request ID from any voter on Election Day.  Although state law does not specify what form that identification should take, the Secretary of State's web site instructs voters to bring a picture ID that includes a signature to the polls.  Student ID will be accepted for this requirement, but separate confirmation of your address will be required.

 First-time voters who register by mail must also either submit a copy of their identification with their registration or be prepared to show ID at the polls or to submit a copy with their absentee ballot.  You can provide a current and valid photo ID, including a student ID, or a current utility bill, bank statement, government check, paycheck or government document that shows your name and address.  Cell phone bills and online printouts will both be accepted.

If you can't show either form of ID, you should be entitled to vote a provisional ballot; it is unclear under what circumstances that ballot would be counted.

Registration Requirements

Registration closes at 4:30 p.m. 30 days before Election Day. If you register by mail, Hawaii's law currently requires that your application must be received by your county clerk by that deadline.

Residency Requirements

Students who have a present intent to make Hawaii their permanent home can establish residency in their college communities.  In all likelihood, this means your permanent home while you're in school, without regard to your post-graduation plans. The Secretary of State's office reiterated that a present intent to make Hawaii your residence is sufficient to establish residency for voting purposes.  Residency for voting equals domicile in Hawaii. Under Hawaiian law, your residence is your fixed home; the place where you intend to return after being away. To gain Hawaiian residency, you must move to the state with the dual intention of abandoning your former home and establishing a domicile home in Hawaii.

Students who lived in Hawaii before moving to another state for school, and who wish to establish or keep their Hawaii voting residency (i.e. at the parents' address), should have no problem doing so unless they've already registered to vote in another state.  Like all states, Hawaii allows students to keep their voting residency even if they move out of the county or state to attend school.  The only way you might lose this residency is if you "abandon" it by asserting residency in a new state. While registering to vote in another state is not automatically considered an abandonment of residency in Hawaii, some judges or officials might view it as such.  Under Hawaii law, casting a ballot in another state is an abandonment of Hawaii residency, and students who have voted in other states will have to re-establish Hawaii residency before voting there.

Challenges to Residency

The county clerk has the initial discretion to approve or disapprove your registration on the basis of your residency, and can demand that you show proof of your residency.  If the clerk refuses to register you, you can appeal to the county board of registration.  You can then appeal any decision by the county board in court.

Any registered voter may challenge your registration by submitting a challenge in writing stating the reasons for the challenge to the county clerk.  The clerk must notify you that your registration has been challenged and will investigate and rule on the challenge.  An appeal may be taken to the board of registration. You can then appeal any decision by the county board in court.

Any registered voter can also challenge your eligibility on the basis of residency on Election Day.  The challenge will be decided immediately by officials at the polling place; if they decide you aren't eligible, you can still decide to cast a challenged ballot and appeal their decision to the county board of registration.  You can then appeal any decision by the county board in court.

Absentee Requirement

Any registered voter may vote absentee in Hawaii. Your absentee ballot request must be received by your county clerk by 4:30 p.m. 7 days before Election Day.  Blank applications are available online at the web site of the Hawaii Office of Elections.  If you don't receive your ballot within 5 days of the election, you can request it to be sent to you by fax and then return it by fax as well.  Ballots must be received before polls close on Election Day. 

[1] Interview with Noe Deleon, Voter Services, Hawaii Office of Elections (June 12, 2008).

[2] See Op. Att'y Gen. No. 86-10 (Haw. 1986).

[3] Haw. Rev. Stat. § 11-13(1) (West 2008).

[4] Id. at 13(2).

[5] Id. at 13(7)

[6] Haw. Rev. Stat. § 11-15 (c).

[7] Haw. Rev. Stat. § 11-26.

[8] Haw. Rev. Stat.  § 11-51.

[9] Haw. Rev. Stat. § 11-25 (West 2008).

[10] Id.

[11] Id.

[12] Haw. Rev. Stat § 11-51.

[13] Haw. Rev. Stat. § 11-25 (b) (West 2008)

[14] Id. at 25 (c)

[15] Haw. Rev. Stat. § 11-51.

[16] Haw. Rev. Stat. § 11-24 (West 2008).

[17] Haw. Rev. Stat. § 11-16 (a) (West 2008).

[18] Haw. Rev. Stat. § 11-136 (West 2008).

[19] Voting in Hawaii, Hawaii Secretary of State website, http://hawaii.gov/elections/voters/votehi.htm (last visited Mar. 25, 2008).

[20] Interview with Noe Deleon, Voter Services, Hawaii Office of Elections (June 12, 2008).

[21] Although Hawaii has no statues or regulations that implement HAVA, the state's policy is described on its voter registration form.

[22] Interview with Noe Deleon, Voter Services, Hawaii Office of Elections (June 12, 2008).

[23] Haw. Rev. Stat. § 15-2 (West 2008).

[24] Haw. Rev. Stat. § 15-4 (West 2008).

[25] Haw. Rev. Stat. § 15-5 (West 2008).