AMENDED NOTICE OF PUBLIC H EARING ON
\nPROPOS ED ADMINISTRATIVE RULE
\nOFFICE OF ELECTIONS
\nSTATE OF HAWAII
\n\;
\nNotice is given that the Chief Election Officer\, unde r the authority of section 11-4\, Hawaii Revised Statutes (&ldquo\;HRS&r dquo\;)\, and pursuant to Chapter 91\, HRS\, and Chapter 3-171\, Hawaii Administrative Rules (&ldquo\;HAR&rdquo\;)\, will hold a public hearing to afford all interested persons an opportunity to submit oral or writte n testimony on the proposed new administrative rule\, HAR §\; 3-177- 62\, to clarify how a matter will be resolved &ldquo\;by lot&rdquo\; whe n those words are used in a statute. Additionally\, as these proposed ch anges would be made to chapter 3-177\, HAR\, the chapter will likewise b e compiled.
\n\;
\nSCHEDULE OF PUBLIC HEARING
\n\;
\nThe public hearing is scheduled at the followi ng time and location:
\n\;
\nOctober 26\, 2026
\n9:00 a.m.
\n\;
\nOffice of Elections
\n802 Lehua Avenue
\nPearl City\, Haw aii 96782
\n\;
\n\; \; \; \;&nb sp\; \; \; \; \; Additionally\, video conferencin g as a courtesy will be made available via Zoom\, with the login informa tion noted below:
\n\;
\nView Remote Hearing: ht tps://youtube.com/live/h4ZZlnKB8v8
\n\;
\nRemote Oral Testimony: < span style="font-size: 12.0pt\;">https://us02web.zoom.us/j/83972642208
\n\;
\nT elephone: \; \; \; + 1 669 444 9171 \; \; \;&nbs p\; \; \; \; \; \; \; \; \; \; \ ; +1 669 900 9128
\n+1 719 359 4580 \; \; \; \ ; \; \; \; \; \; \; \; \; \; \; +1 253 205 0468
\n+1 25 3 215 8782 \; \; \; \;& nbsp\; \; \; \; \; \; \; \; \; \; +1 346 248 7799
\n\; \; \; \; \; \; \; \; \;&nbs p\; \; \; \; \; \; \; \; \; \; +1 386 347 5053 \; \; \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; +1 507 473 4847
\n\; \; \; \; \; \; \; \;&nbs p\; \; \; \; \; \; \; \; \; \; \ ; +1 564 217 2000 \; \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; +1 646 558 8656
\n\; \; \; \; \; \; \;&nbs p\; \; \; \; \; \; \; \; \; \; \ ; \; +1 646 931 3860 \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; \; +1 689 278 1000
\n\; \; \; \; \; \;&nbs p\; \; \; \; \; \; \; \; \; \; \ ; \; \; +1 301 715 8592& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; \; \; +1 305 224 1968
\n\; \; \; \; \;&nbs p\; \; \; \; \; \; \; \; \; \; \ ; \; \; \; +1 309 205 3325 \; \; \; \; \; \; \; \; \;&nb sp\; \; \; \; \; +1 312 626 6799
\n\; \; \; \;&nbs p\; \; \; \; \; \; \; \; \; \; \ ; \; \; \; \; +1 360 209 5623
\n\;
\nMeeting ID: \; \; 839 7264 2208
\n\;
\nIf\ , for technical reasons\, the Zoom conference call cannot be made and/or is disrupted\, the hearing will continue. All interested persons are th erefore encouraged to submit written testimony in advance of the hearing .
\n&nb sp\;
\nAGENDA OF PUBLIC HEARING< /span>
\n\;
\nI. \; \; \; \; \; \; \; Call t o Order
\n\;
\nII. \; \; \; \;&n bsp\; \; Purpose of the Public Hearing
\n\;
\nIII. \; \; \; \; \; Outline of Proce dures
\n\;
\nIV. \; \; \; \;&nbs p\; Testimony
\n\;
\nV. \; \;&nbs p\; \; \; \; Announcement of Decision
\n\;
\nVI. \; \; \; \; \; Adjournmen t
\n&nb sp\;
\nTOPIC OF RULE PROPOSED TO BE ADOPTED
\n\;
\nThe Chief Election Officer proposes a new administrative rule
in order to comply with the Hawaii Supreme Court&rsquo\;s opinion in
\;
\nThe proposed rule sol ves the problem of how to resolve a matter &ldquo\;by lot.&rdquo\; Speci fically\, the Chief Election Officer proposes that a new administrative rule\, HAR §\; 3-177-62\, be adopted to articulate the manner in whi ch statutory references to making determinations &ldquo\;by lot\,&rdquo\; such as the breaking of a tie i n an election\, are to occur.
\n\;
\nThe proposed rul e addresses the problem by establishing a procedure for a drawing to be used when a determination needs t o be made &ldquo\;by lot.&rdquo\; These determinations include resolving contests between candidates and to determine the order of the political preferences that will appear on the ballot for purpose of the Primary E lection (i.e. the designations of nonpartisan and for each of the politi cal parties will appear on the ballot card in the order determined by th e drawing). As the proposed changes would be made to chapter 3-177\, HAR \, the chapter would be compiled.
\n\;< /p>\n
All interested persons wishing to testify on the propose d rule should submit written testimony to the Chief Election Officer\, a t least twenty-four hours prior to the hearing. Written testimony may be submitted by facsimile to (808) 453-6006\, by email to elections@hawaii .gov\, by mail to Office of Elections\, 802 Lehua Avenue\, Pearl City\, Hawaii 96782\, or by delivering the written testimony in person to the O ffice of Elections.
\n\;
\nAny person submitting written testimony on the day of the hearing shal l furnish 10 copies of such testimony to the Chief Election Officer's st aff.
\n\;
\nThe Chief Ele ction Officer or their designee may impose a time limit for each person presenting testimony at the hearing.
\n\;
\nIn addition\, or in lieu of written testimony\, any p erson may file with the Chief Election Officer within two days following the close of the public hearing a written protest or other comments or recommendations in support of or in opposition to the proposed rule maki ng. Such persons shall notify the Chief Election Officer or their design ee at the time of the hearing that they intend to file written materials after the hearing. The period for filing written protests\, comments\, or recommendations may be extended by the Chief Election Officer for goo d cause.
\n \;
A copy of the proposed rule to be adopted will be available to be reviewed in per son between the hours of 7:45 a.m. to 4:30 p.m.\, Mondays through Friday s (excluding holidays or other days that the office is legally closed)\, at the Office of Elections\, 802 Lehua Avenue\, Pearl City\, Hawaii 967 82\, through the day the public hearing is held.
\n\;
\nA copy of the proposed rule to be adopte
d will be mailed to any interested person who requests a copy and pays t
he required fees for the copy and the postage. A requestor may\, in lieu
of paying postage\, pick up the copy in person at the Office of Electio
ns by paying the applicable copying cost of 10 cents per page. \n
\;
\n\;Requests may be made by calling the Office of Elec tions at (808) 453-VOTE (8683) or 1-800-442-VOTE (8683) (neighbor island s)\, or by asking in person at the Office of Elections. In addition\, re quests may be made in writing by submitting the request by facsimile to (808) 453-6006\, by email to elections@hawaii.gov\, or by mail to Office of Elections\, 802 Lehua Avenue\, Pearl City\, Hawaii 96782.
\n\;
\nThe request should include t he name\, address\, and telephone number of the requestor. Contact infor mation will be used by the Office of Elections to inform requestors of a pplicable fees for copy and postage. Upon receipt of payment the rules w ill be mailed to the requestor.
\n\;
\nThe proposed rule is also available at the Office of Elect ions' website at https://elections.hawaii.g ov.
\n\;
\nAMENDED N OTICE OF PUBLIC HEARING ON
\nPROPOSED ADMINISTRATIVE RULE
\nOFFICE OF ELECTIONS
\nSTATE OF HAWAII
\n\;
\nNotice is given that the Chief Electi on Officer\, under the authority of section 11-4\, Hawaii Revised Statut es (&ldquo\;HRS&rdquo\;)\, and pursuant to Chapter 91\, HRS\, and Chapte r 3-171\, Hawaii Administrative Rules (&ldquo\;HAR&rdquo\;)\, will hold a public hearing to afford all interested persons an opportunity to subm it oral or written testimony on the proposed new administrative rule\, H AR §\; 3-177-62\, to clarify how a matter will be resolved &ldquo\;b y lot&rdquo\; when those words are used in a statute. Additionally\, as these proposed changes would be made to chapter 3-177\, HAR\, the chapte r will likewise be compiled.
\n\;
\n\;
\nThe public hearing is schedul ed at the following time and location:
\n\;
\nOctober 26\, 2026
\n9:00 a.m.
\n\;
\n802 Lehua Avenue
\nPearl City\, Hawaii 96782
\n\;
\n\; \; \; \; \; \; \; \; \; Additionally\, video conferencing as a courtesy will be made available via Zoom\, with the login information noted below:
\n< strong>View Remote Hearing: https://youtube.com/live/h4ZZlnKB8v8
\n\;
\nRemote Oral Testimony: https://us02web.zoom.u
s/j/83972642208
\;< /p>\n
Telephone: \; \ ; \; +1 669 444 9171 \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; \; +1 669 900 9128
\n+1 719 359 4580 \;&nb sp\; \; \; \; \; \; \; \; \; \; \; \; \; +1 253 205 0468
\n+1 253 215 8782 \; \; \; \; \; \; \; \; \; \; \; \; \; \; +1 346 248 7799
\n\; \; \; \; \; \; \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; +1 386 347 5053 \; \; \; \; \; \; \; \; \; \; \; \; \; \; +1 507 473 4847
\n\; \; \; \; \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; \; \; +1 646 931 3860 \; \; \; \; \; \; \; \; \; \; \; \; \; \; +1 689 278 1000
\n< p class="MsoNormal" style="margin-left: .5in\;"> \; \; \; \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; \; \; \; +1 301 715 8592 \; \; \; \; \; \; \; \; \; \; \; \; \; \; +1 305 224 1968 \n\; \; \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; \; \; \; \; +1 309 205 3325 \; \; \; \; \; \; \; \; \; \; \; \; \; \; +1 312 626 6799
\n\; \;& nbsp\; \; \; \; \; \; \; \; \; \;&nb sp\; \; \; \; \; \; \; +1 360 209 5623
\n\;
\nMeeting ID: \; \; 839 7264 2208
\n\;
\nIf\, for technical reasons\, the Zoom conference call cann ot be made and/or is disrupted\, the hearing will continue. All interest ed persons are therefore encouraged to submit written testimony in advan ce of the hearing.
\n\;
\nAGENDA O F PUBLIC HEARING
\n\;
\nI. \; \; \; \; \; \;&nbs p\; Call to Order
\n\;
\nII. \; \ ; \; \; \; \; Purpose of the Public Hearing
\n\;
\nIII.
\;
\nIV. \; \;& nbsp\; \; \; Testimony
\n< span style="font-size: 12.0pt\;"> \;
\nV.& nbsp\; \; \; \; \; \; Announcement of Decisio n
\n&nb sp\;
\nVI. \; \; \; \; \; Adjournment
\n\;
\nTOPIC OF RULE PROPOSED TO BE ADOPTED
\n\;
\nThe Chief Election Officer proposes a new ad ministrative rule in order to comply with the Hawaii Supreme Court&rsquo \;s opinion in Souza v. v. Nago\, et al.\, SCEC-26-0000598\, wh ich was issued on September 4\, 2026. The Court ordered Chief Election O fficer Nago &ldquo\;to expeditiously promulgate rules to implement the t ie-breaker statute\, HRS §\; 11-157&rdquo\; and to &ldquo\;initiate the process to implement rules with due regard to giving public notice o f the proposed rules\, and in compliance with the procedures required by law.&rdquo\;
\n\;
\nThe proposed rule solves the problem of how to resolve a matter &ldquo\;by l ot.&rdquo\; Specifically\, the Chief Election Officer proposes that a ne w administrative rule\, HAR §\; 3-177-62\, be adopted to articulate the manner in which statutory references to making determinations &ldquo\;by lot\,&rdquo\; such as the br eaking of a tie in an election\, are to occur.
\n\;
\nThe proposed rule addresses the problem by establishing a procedure for a drawing to be used when a dete rmination needs to be made &ldquo\;by lot.&rdquo\; These determinations include resolving contests between candidates and to determine the order of the political preferences that will appear on the ballot for purpose of the Primary Election (i.e. the designations of nonpartisan and for e ach of the political parties will appear on the ballot card in the order determined by the drawing). As the proposed changes would be made to ch apter 3-177\, HAR\, the chapter would be compiled.
\n\;
\n< span style="font-size: 12.0pt\;">All interested persons wishing to testi fy on the proposed rule should submit written testimony to the Chief Ele ction Officer\, at least twenty-four hours prior to the hearing. Written testimony may be submitted by facsimile to (808) 453-6006\, by email to elections@hawaii.gov\, by mail to Office of Elections\, 802 Lehua Avenu e\, Pearl City\, Hawaii 96782\, or by delivering the written testimony i n person to the Office of Elections.
\n\;
\nAny person submitting written testimony on the day of the hearing shall furnish 10 copies of such testimony to the Chief Elec tion Officer's staff.
\n\;
\nThe Chief Election Officer or their designee may impose a time limit for each person presenting testimony at the hearing.
\n\;
\nIn addition\, or in lieu of written testimony\, any person may file with the Chief Election Officer within t wo days following the close of the public hearing a written protest or o ther comments or recommendations in support of or in opposition to the p roposed rule making. Such persons shall notify the Chief Election Office r or their designee at the time of the hearing that they intend to file written materials after the hearing. The period for filing written prote sts\, comments\, or recommendations may be extended by the Chief Electio n Officer for good cause.
\n\;
\nA copy of the proposed rule to be adopted will be available to b e reviewed in person between the hours of 7:45 a.m. to 4:30 p.m.\, Monda ys through Fridays (excluding holidays or other days that the office is legally closed)\, at the Office of Elections\, 802 Lehua Avenue\, Pearl City\, Hawaii 96782\, through the day the public hearing is held.
\n\;
\nA copy of the proposed rule to be adopted will be mailed to any interested person who requests a copy and pays the required fees for the copy and the postage. A reques tor may\, in lieu of paying postage\, pick up the copy in person at the Office of Elections by paying the applicable copying cost of 10 cents pe r page.
\n \;
\;Requests may be made by calling t he Office of Elections at (808) 453-VOTE (8683) or 1-800-442-VOTE (8683) (neighbor islands)\, or by asking in person at the Office of Elections. In addition\, requests may be made in writing by submitting the request by facsimile to (808) 453-6006\, by email to elections@hawaii.gov\, or by mail to Office of Elections\, 802 Lehua Avenue\, Pearl City\, Hawaii 96782.
\nThe request should include the name\, address\, and telephone number of the request or. Contact information will be used by the Office of Elections to infor m requestors of applicable fees for copy and postage. Upon receipt of pa yment the rules will be mailed to the requestor.
\n\;
\n\;
\nIf you require special a ssistance or auxiliary aids and/or services to participate in the public hearing process\, please contact the Office of Elections at (808) 453-8 683 or toll free at 1-800-442-8683 or email elections@hawaii.gov as soon as possible. Requests made as early as possible will allow adequate tim e to fulfill your request.
END:VEVENT END:VCALENDAR