Office of Elections

Penalties

Pursuant to Act 235, SLH 2013, the following is a summary of provisions in HRS §§ 19-3, 19-3.5, 19-4, and 19-6 on matters associated with absentee ballot voting only. Person interested in election offenses should consult the full text of these statutes.

Election frauds include attempting to induce, threaten, or intimidate a voter to vote, refrain from voting, or to vote in a particular way. Similarly, agreeing to be compensated is not permitted. Additionally, election fraud includes, among other things, voting or attempting to vote in the name of another person. HRS § 19-3.

Voter fraud is a class C felony and consists of, among other things, “any person who knowingly votes when the person is not entitled to vote.” HRS § 19-.35.

“Every person found guilty of an election fraud shall be fined not less than $1,000 nor more than $5,000, or imprisoned not more than two years, or both. Besides the punishment, the person shall be disqualified from voting and from being elected to, holding or occupying any office, elective, or appointive. If the person so convicted holds any office, either elective or appointive, at the time of conviction, the office shall at once and without mention in the sentence or other proceeding be vacated by the conviction.” HRS § 19-4.

Election misdemeanors include, among other things, the unauthorized opening of a return envelope containing a voted absentee ballot. HRS § 19-6.