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Question 1 of 30
1. Question
Kiana, a resident of Honolulu, intends to run for a seat in the Hawaii House of Representatives. She has resided in the State of Hawaii for three years and in her specific House district for eighteen months. She meets all other statutory qualifications for candidacy. Based on Hawaii election law, what is Kiana’s eligibility status for the upcoming election?
Correct
The scenario involves a candidate for the Hawaii House of Representatives, Kiana, who has been a resident of Hawaii for only three years prior to the election. Hawaii Revised Statutes (HRS) § 12-5 establishes the eligibility requirements for candidates seeking office. Specifically, HRS § 12-5(a)(4) mandates that a candidate for the House of Representatives must have been a resident of the State of Hawaii for at least five years immediately preceding the election. Kiana’s three-year residency falls short of this statutory requirement. Therefore, Kiana is not eligible to be a candidate for the Hawaii House of Representatives. This requirement is distinct from the residency requirement for voting, which is typically shorter, and the residency requirement for the State Senate, which is typically longer. The purpose of these residency requirements is to ensure that candidates have a vested interest and understanding of the state’s affairs and the needs of its constituents.
Incorrect
The scenario involves a candidate for the Hawaii House of Representatives, Kiana, who has been a resident of Hawaii for only three years prior to the election. Hawaii Revised Statutes (HRS) § 12-5 establishes the eligibility requirements for candidates seeking office. Specifically, HRS § 12-5(a)(4) mandates that a candidate for the House of Representatives must have been a resident of the State of Hawaii for at least five years immediately preceding the election. Kiana’s three-year residency falls short of this statutory requirement. Therefore, Kiana is not eligible to be a candidate for the Hawaii House of Representatives. This requirement is distinct from the residency requirement for voting, which is typically shorter, and the residency requirement for the State Senate, which is typically longer. The purpose of these residency requirements is to ensure that candidates have a vested interest and understanding of the state’s affairs and the needs of its constituents.
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Question 2 of 30
2. Question
Consider a registered voter in Honolulu, Hawaii, who is planning a business trip to California that will coincide with the upcoming general election. This voter wishes to cast their ballot via absentee mail. Under Hawaii election law, what is the primary basis for their eligibility to vote by absentee ballot in this scenario?
Correct
The Hawaii Revised Statutes (HRS) Chapter 11, specifically HRS §11-116, governs the eligibility of voters to cast absentee ballots. This statute outlines the conditions under which a voter may request an absentee ballot without needing to provide a specific reason, often referred to as “no-excuse” absentee voting. For a voter to be eligible to vote by absentee ballot in Hawaii, they must be registered to vote and either be absent from their voting precinct on election day or have a physical disability or religious belief that prevents them from voting in person at their assigned polling place. The law also allows for voters to apply for an absentee ballot to be sent to them for every election if they anticipate being absent from their precinct. The question probes the understanding of these core eligibility requirements for absentee voting as defined by Hawaii law, distinguishing between general eligibility and specific situations that necessitate or allow for absentee voting. The core principle is that a registered voter can vote absentee if they cannot attend their polling place for any valid reason, with the law broadly defining these reasons.
Incorrect
The Hawaii Revised Statutes (HRS) Chapter 11, specifically HRS §11-116, governs the eligibility of voters to cast absentee ballots. This statute outlines the conditions under which a voter may request an absentee ballot without needing to provide a specific reason, often referred to as “no-excuse” absentee voting. For a voter to be eligible to vote by absentee ballot in Hawaii, they must be registered to vote and either be absent from their voting precinct on election day or have a physical disability or religious belief that prevents them from voting in person at their assigned polling place. The law also allows for voters to apply for an absentee ballot to be sent to them for every election if they anticipate being absent from their precinct. The question probes the understanding of these core eligibility requirements for absentee voting as defined by Hawaii law, distinguishing between general eligibility and specific situations that necessitate or allow for absentee voting. The core principle is that a registered voter can vote absentee if they cannot attend their polling place for any valid reason, with the law broadly defining these reasons.
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Question 3 of 30
3. Question
Consider a candidate for the Hawaii State Senate who is seeking to comply with campaign finance disclosure requirements. Under Hawaii Election Law, which of the following methods represents the legally mandated primary mechanism for submitting their campaign finance reports to the Hawaii Campaign Spending Commission?
Correct
The question pertains to the permissible methods of campaign finance disclosure for candidates in Hawaii. Hawaii Revised Statutes (HRS) Chapter 132, specifically HRS §11-207, governs campaign finance reporting. This statute mandates that campaign finance reports must be filed electronically with the Hawaii Campaign Spending Commission. While certain exceptions or alternative methods might exist for very small contributions or specific types of committees, for general campaign finance reporting by candidates, electronic filing is the primary and legally required method. The statute outlines the information that must be included in these reports, such as contributions received, expenditures made, and the names and addresses of donors exceeding a certain threshold. The purpose of this electronic filing requirement is to ensure transparency and accessibility of campaign finance data for the public and regulatory oversight. Therefore, any claim that campaign finance reports can be submitted solely via mail or fax without prior electronic submission would contravene the established legal framework in Hawaii.
Incorrect
The question pertains to the permissible methods of campaign finance disclosure for candidates in Hawaii. Hawaii Revised Statutes (HRS) Chapter 132, specifically HRS §11-207, governs campaign finance reporting. This statute mandates that campaign finance reports must be filed electronically with the Hawaii Campaign Spending Commission. While certain exceptions or alternative methods might exist for very small contributions or specific types of committees, for general campaign finance reporting by candidates, electronic filing is the primary and legally required method. The statute outlines the information that must be included in these reports, such as contributions received, expenditures made, and the names and addresses of donors exceeding a certain threshold. The purpose of this electronic filing requirement is to ensure transparency and accessibility of campaign finance data for the public and regulatory oversight. Therefore, any claim that campaign finance reports can be submitted solely via mail or fax without prior electronic submission would contravene the established legal framework in Hawaii.
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Question 4 of 30
4. Question
Following the certification of the general election results in Hawaii County, a discrepancy is discovered in the absentee ballot count for a close mayoral race. The margin is narrow, and the challenger believes a miscount may have occurred. Under Hawaii Election Law, what is the primary procedural recourse available to the challenger to address this alleged miscount before the official proclamation of results?
Correct
Hawaii Revised Statutes (HRS) Chapter 11 outlines the comprehensive framework for elections in the state. Specifically, HRS §11-114 addresses the canvassing of election returns and the determination of election results. This section mandates that the chief election officer, after receiving all precinct returns, shall prepare a summary statement of all votes cast for each candidate and for each question submitted. The law further specifies that the chief election officer shall, within a specified timeframe, issue a proclamation declaring the successful candidates and the results of any questions voted upon. The process involves verifying the accuracy of the submitted returns, resolving any discrepancies, and ensuring that the final tabulation reflects the will of the voters as expressed through their ballots. This procedural integrity is crucial for public confidence in the electoral process. The statute also details the procedures for recounts and contests, underscoring the importance of accurate and verifiable election outcomes. The underlying principle is to ensure that the election results are based on a fair and accurate count of all legally cast ballots, as stipulated by state law.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11 outlines the comprehensive framework for elections in the state. Specifically, HRS §11-114 addresses the canvassing of election returns and the determination of election results. This section mandates that the chief election officer, after receiving all precinct returns, shall prepare a summary statement of all votes cast for each candidate and for each question submitted. The law further specifies that the chief election officer shall, within a specified timeframe, issue a proclamation declaring the successful candidates and the results of any questions voted upon. The process involves verifying the accuracy of the submitted returns, resolving any discrepancies, and ensuring that the final tabulation reflects the will of the voters as expressed through their ballots. This procedural integrity is crucial for public confidence in the electoral process. The statute also details the procedures for recounts and contests, underscoring the importance of accurate and verifiable election outcomes. The underlying principle is to ensure that the election results are based on a fair and accurate count of all legally cast ballots, as stipulated by state law.
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Question 5 of 30
5. Question
Consider a candidate for the office of Governor of Hawaii who moved from California to Hawaii five years prior to the upcoming general election, but then spent the last eighteen months of that period residing in Guam for professional reasons before returning to Hawaii for the final six months preceding the election. Based on Hawaii election law, what is the candidate’s eligibility status regarding the residency requirement for this specific office?
Correct
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-2, outlines the requirements for a candidate to be eligible to run for office. This statute establishes residency qualifications. For the office of Governor, a candidate must have been a resident of the State of Hawaii for at least three years immediately preceding the date of the general election. This residency requirement is a fundamental aspect of election law, ensuring that candidates have a demonstrable connection to the jurisdiction they seek to represent. Understanding these statutory qualifications is crucial for both candidates and election officials to ensure the integrity of the electoral process. The focus here is on the duration of residency, not the nature of the residency or the specific location within the state, as long as it is within Hawaii.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-2, outlines the requirements for a candidate to be eligible to run for office. This statute establishes residency qualifications. For the office of Governor, a candidate must have been a resident of the State of Hawaii for at least three years immediately preceding the date of the general election. This residency requirement is a fundamental aspect of election law, ensuring that candidates have a demonstrable connection to the jurisdiction they seek to represent. Understanding these statutory qualifications is crucial for both candidates and election officials to ensure the integrity of the electoral process. The focus here is on the duration of residency, not the nature of the residency or the specific location within the state, as long as it is within Hawaii.
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Question 6 of 30
6. Question
Following the certification of the general election results in Honolulu County, a candidate for the State House of Representatives, Kiana Makalii, narrowly lost her race by a margin of 20 votes. The total number of votes cast for that office was 4,000. Kiana believes there may have been tabulation errors. Under Hawaii Election Law, what is the threshold for an automatic recount entitlement based on the vote margin for a state legislative office in a general election?
Correct
Hawaii Revised Statutes (HRS) §11-134 addresses the process for challenging election results, specifically concerning recounts. A candidate or a committee supporting or opposing a question can request a recount if the margin between the winning and losing candidate or the outcome of the question is within a specified percentage. For a general election, this margin is typically 0.5% of the total votes cast for the office or question. If the margin exceeds this threshold, a recount is not automatically mandated by statute and would generally require a court order or specific legislative action. The initial request for a recount must be filed with the chief election official within a prescribed timeframe after the election results are certified. The statute outlines the conditions under which a recount is permissible and the procedures to be followed, including the potential for a fee to be paid by the requesting party if the recount does not change the outcome. This ensures that recounts are pursued based on reasonable doubt about the accuracy of the vote tabulation rather than frivolous challenges. The statute is designed to balance the need for accuracy with the efficient administration of elections.
Incorrect
Hawaii Revised Statutes (HRS) §11-134 addresses the process for challenging election results, specifically concerning recounts. A candidate or a committee supporting or opposing a question can request a recount if the margin between the winning and losing candidate or the outcome of the question is within a specified percentage. For a general election, this margin is typically 0.5% of the total votes cast for the office or question. If the margin exceeds this threshold, a recount is not automatically mandated by statute and would generally require a court order or specific legislative action. The initial request for a recount must be filed with the chief election official within a prescribed timeframe after the election results are certified. The statute outlines the conditions under which a recount is permissible and the procedures to be followed, including the potential for a fee to be paid by the requesting party if the recount does not change the outcome. This ensures that recounts are pursued based on reasonable doubt about the accuracy of the vote tabulation rather than frivolous challenges. The statute is designed to balance the need for accuracy with the efficient administration of elections.
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Question 7 of 30
7. Question
Following the conclusion of the 2024 general election in Hawaii County, Representative Kai Alani, who narrowly lost his bid for re-election, suspects that a significant number of absentee ballots were improperly counted due to a misinterpretation of voter intent on damaged ballots. He wishes to formally contest the election results. Under Hawaii election law, what is the primary procedural prerequisite Kai Alani must satisfy before the circuit court can adjudicate his claim regarding the alleged miscounting of absentee ballots?
Correct
Hawaii Revised Statutes (HRS) Chapter 11, specifically HRS §11-152, governs the process of challenging election results. This statute outlines the grounds for contest, the timeline for filing, and the procedures that must be followed. A candidate or elector who believes an election was fraudulent, that illegal votes were cast, or that there were errors in the counting or canvassing of ballots sufficient to change the outcome may initiate a contest. The contest must be filed within a specific timeframe, typically within 30 days after the results are declared by the county clerk or the chief election official. The petition must be filed in the circuit court of the county in which the election was held and must specify the grounds for the contest with particularity. The statute also requires that a copy of the petition be served upon the candidate who received the second highest number of votes, and upon the county clerk or chief election official. The court then proceeds to hear the evidence and determine whether the alleged irregularities or fraud indeed affected the outcome of the election. If the court finds that the outcome was affected, it can order a recount, a new election, or declare the true result. The statute aims to balance the need for timely resolution of election disputes with the fundamental right of the electorate to have their votes accurately counted and the integrity of the democratic process upheld.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11, specifically HRS §11-152, governs the process of challenging election results. This statute outlines the grounds for contest, the timeline for filing, and the procedures that must be followed. A candidate or elector who believes an election was fraudulent, that illegal votes were cast, or that there were errors in the counting or canvassing of ballots sufficient to change the outcome may initiate a contest. The contest must be filed within a specific timeframe, typically within 30 days after the results are declared by the county clerk or the chief election official. The petition must be filed in the circuit court of the county in which the election was held and must specify the grounds for the contest with particularity. The statute also requires that a copy of the petition be served upon the candidate who received the second highest number of votes, and upon the county clerk or chief election official. The court then proceeds to hear the evidence and determine whether the alleged irregularities or fraud indeed affected the outcome of the election. If the court finds that the outcome was affected, it can order a recount, a new election, or declare the true result. The statute aims to balance the need for timely resolution of election disputes with the fundamental right of the electorate to have their votes accurately counted and the integrity of the democratic process upheld.
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Question 8 of 30
8. Question
Consider a new resident, Kaimana, who moved to the island of Kauai from California on October 15th. An election is scheduled for November 5th. According to Hawaii election law, would Kaimana be eligible to register and vote in this upcoming election if he meets all other registration requirements?
Correct
Hawaii Revised Statutes (HRS) Chapter 11 outlines the election laws of the state. Specifically, HRS §11-116 addresses the requirements for voter registration. This statute mandates that a person must be a resident of Hawaii for at least 30 days immediately preceding the election to be eligible to register and vote. The statute also details the acceptable forms of identification and the process for registering. The question focuses on the residency requirement for voter registration, a fundamental aspect of election law in Hawaii, similar to residency rules in other U.S. states like California or Texas, though specific durations may vary. Understanding this requirement is crucial for ensuring the integrity of the electoral process by confirming that voters meet the established qualifications for participating in Hawaii’s elections. The 30-day residency period is a statutory minimum designed to ensure a genuine connection to the state before an individual can exercise their right to vote. This principle is consistent with the broader concept of state residency for voting rights across the United States, which generally requires a period of established domicile.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11 outlines the election laws of the state. Specifically, HRS §11-116 addresses the requirements for voter registration. This statute mandates that a person must be a resident of Hawaii for at least 30 days immediately preceding the election to be eligible to register and vote. The statute also details the acceptable forms of identification and the process for registering. The question focuses on the residency requirement for voter registration, a fundamental aspect of election law in Hawaii, similar to residency rules in other U.S. states like California or Texas, though specific durations may vary. Understanding this requirement is crucial for ensuring the integrity of the electoral process by confirming that voters meet the established qualifications for participating in Hawaii’s elections. The 30-day residency period is a statutory minimum designed to ensure a genuine connection to the state before an individual can exercise their right to vote. This principle is consistent with the broader concept of state residency for voting rights across the United States, which generally requires a period of established domicile.
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Question 9 of 30
9. Question
Consider a candidate running for a seat in the Hawaii State House of Representatives. This individual, a resident of Maui, was convicted of petty theft in the third degree, a misdemeanor, in the state of California five years prior to the election. The conviction involved the unlawful taking of merchandise valued at $50 from a retail establishment. The candidate has not had their civil rights restored by any authority. Under Hawaii election law, what is the likely status of this candidate’s eligibility to hold the office?
Correct
The scenario describes a situation where a candidate for a state legislative office in Hawaii has been convicted of a misdemeanor involving moral turpitude. Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS § 12-10, outlines the qualifications and disqualifications for holding public office. HRS § 12-10(a)(3) states that a person is disqualified from holding office if convicted of a felony or a misdemeanor involving moral turpitude, unless civil rights have been restored. The key here is the definition of “moral turpitude” and its application to a misdemeanor conviction. While specific misdemeanors are not exhaustively listed as involving moral turpitude in the statutes, courts have generally interpreted this to include offenses that demonstrate dishonesty, fraud, deceit, or a disregard for the law and societal norms. Crimes like theft, perjury, fraud, and certain sexual offenses are typically considered to involve moral turpitude. A misdemeanor conviction for petty theft, which involves taking property of another without consent and with intent to permanently deprive, generally falls under the umbrella of moral turpitude due to the element of dishonesty and intent to defraud. Therefore, without evidence of restoration of civil rights, the candidate would be disqualified. The question tests the understanding of disqualification criteria for candidates based on criminal convictions, specifically focusing on the interpretation of “moral turpitude” in the context of Hawaii election law. It requires applying the general legal principle of moral turpitude to a specific type of misdemeanor offense, considering the statutory framework for disqualification.
Incorrect
The scenario describes a situation where a candidate for a state legislative office in Hawaii has been convicted of a misdemeanor involving moral turpitude. Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS § 12-10, outlines the qualifications and disqualifications for holding public office. HRS § 12-10(a)(3) states that a person is disqualified from holding office if convicted of a felony or a misdemeanor involving moral turpitude, unless civil rights have been restored. The key here is the definition of “moral turpitude” and its application to a misdemeanor conviction. While specific misdemeanors are not exhaustively listed as involving moral turpitude in the statutes, courts have generally interpreted this to include offenses that demonstrate dishonesty, fraud, deceit, or a disregard for the law and societal norms. Crimes like theft, perjury, fraud, and certain sexual offenses are typically considered to involve moral turpitude. A misdemeanor conviction for petty theft, which involves taking property of another without consent and with intent to permanently deprive, generally falls under the umbrella of moral turpitude due to the element of dishonesty and intent to defraud. Therefore, without evidence of restoration of civil rights, the candidate would be disqualified. The question tests the understanding of disqualification criteria for candidates based on criminal convictions, specifically focusing on the interpretation of “moral turpitude” in the context of Hawaii election law. It requires applying the general legal principle of moral turpitude to a specific type of misdemeanor offense, considering the statutory framework for disqualification.
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Question 10 of 30
10. Question
Consider the campaign finance activities of a newly formed candidate committee in Hawaii for the upcoming mayoral election. The committee’s treasurer diligently records all financial transactions. As of the end of the reporting period, the committee has received total contributions amounting to \$950 and has made total expenditures of \$800. Under Hawaii election law, what is the immediate reporting obligation for this committee concerning its preliminary financial activity?
Correct
Hawaii Revised Statutes (HRS) Chapter 11, particularly sections related to campaign finance, outlines specific requirements for reporting and disclosure. For instance, HRS §11-195 details the thresholds for reporting campaign expenditures and contributions. A candidate committee must file a preliminary report if contributions or expenditures aggregate to \$1,000 or more. Subsequent reports are due every two weeks before an election and at least once after the election until all debts are paid and all assets are disbursed. The question focuses on the initial reporting trigger for a candidate’s committee in Hawaii. If a candidate committee receives contributions totaling \$950 and makes expenditures totaling \$800, neither of these amounts individually meets the \$1,000 reporting threshold. However, the statute requires reporting when either contributions *or* expenditures aggregate to the specified amount. Since neither the contributions nor the expenditures have reached \$1,000, no preliminary report is immediately required under HRS §11-195 based on these figures alone. The committee must continue to track all financial activity, and a report will be due once either category crosses the \$1,000 threshold or when the statutory reporting periods commence irrespective of the threshold, if such periods are triggered by the election cycle.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11, particularly sections related to campaign finance, outlines specific requirements for reporting and disclosure. For instance, HRS §11-195 details the thresholds for reporting campaign expenditures and contributions. A candidate committee must file a preliminary report if contributions or expenditures aggregate to \$1,000 or more. Subsequent reports are due every two weeks before an election and at least once after the election until all debts are paid and all assets are disbursed. The question focuses on the initial reporting trigger for a candidate’s committee in Hawaii. If a candidate committee receives contributions totaling \$950 and makes expenditures totaling \$800, neither of these amounts individually meets the \$1,000 reporting threshold. However, the statute requires reporting when either contributions *or* expenditures aggregate to the specified amount. Since neither the contributions nor the expenditures have reached \$1,000, no preliminary report is immediately required under HRS §11-195 based on these figures alone. The committee must continue to track all financial activity, and a report will be due once either category crosses the \$1,000 threshold or when the statutory reporting periods commence irrespective of the threshold, if such periods are triggered by the election cycle.
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Question 11 of 30
11. Question
Consider a scenario in Hawaii where a registered voter, Malia, believes an absentee ballot cast by another registered voter, Kai, in the same electoral district for a state representative race is invalid because Kai allegedly moved out of the district prior to the election. Under Hawaii Election Law, what is the latest Malia can formally challenge Kai’s absentee ballot with the county clerk to be considered timely?
Correct
Hawaii Revised Statutes (HRS) §11-133.5 outlines the procedures for challenging absentee ballots. Specifically, it addresses the circumstances under which an absentee ballot may be challenged and the timeline for doing so. A challenge must be made by a voter who is registered to vote in the same election district as the absentee voter whose ballot is being challenged. The challenge must be filed with the county clerk not later than 4:30 p.m. on the day before the absentee ballots are scheduled to be opened and counted. The grounds for challenge are limited to specific reasons, such as the absentee voter not being qualified to vote in that election or district, or if the ballot was not properly cast according to law. This statute is crucial for maintaining the integrity of absentee voting, ensuring that only eligible voters cast ballots and that those ballots are handled correctly throughout the process. The specificity of the filing deadline and the requirement for the challenger to be a registered voter in the same district are key elements designed to prevent frivolous challenges and ensure that any challenges are brought by individuals with a direct stake in the election’s outcome and a vested interest in its fairness. This process aims to balance the accessibility of absentee voting with the need for stringent security and accountability measures.
Incorrect
Hawaii Revised Statutes (HRS) §11-133.5 outlines the procedures for challenging absentee ballots. Specifically, it addresses the circumstances under which an absentee ballot may be challenged and the timeline for doing so. A challenge must be made by a voter who is registered to vote in the same election district as the absentee voter whose ballot is being challenged. The challenge must be filed with the county clerk not later than 4:30 p.m. on the day before the absentee ballots are scheduled to be opened and counted. The grounds for challenge are limited to specific reasons, such as the absentee voter not being qualified to vote in that election or district, or if the ballot was not properly cast according to law. This statute is crucial for maintaining the integrity of absentee voting, ensuring that only eligible voters cast ballots and that those ballots are handled correctly throughout the process. The specificity of the filing deadline and the requirement for the challenger to be a registered voter in the same district are key elements designed to prevent frivolous challenges and ensure that any challenges are brought by individuals with a direct stake in the election’s outcome and a vested interest in its fairness. This process aims to balance the accessibility of absentee voting with the need for stringent security and accountability measures.
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Question 12 of 30
12. Question
Consider a scenario in Hawaii’s electoral process where a candidate, Kai, narrowly loses a state legislative race. Kai believes that irregularities occurred in the tabulation of absentee ballots in a particular precinct. According to Hawaii election law, what is the maximum period Kai has to formally initiate a legal challenge to the election results after the county clerk has officially declared the outcome, and what is the standard security deposit required to be filed with the court to commence such a challenge?
Correct
Hawaii Revised Statutes (HRS) §11-113 governs the process for challenging the validity of election results. A contestant must file a petition with the circuit court within five days after the results are declared by the county clerk. The petition must specify the grounds for the challenge, which can include allegations of fraud, intimidation, or error in the counting or tabulation of ballots. A security deposit of \$500 is required to be filed with the petition, payable to the treasurer of the State of Hawaii. This deposit is forfeited if the contestant does not prevail in the challenge. The court then sets a hearing date, typically within 20 days of the filing. The contestant bears the burden of proving the allegations in the petition. If the court finds that the contestant has proven sufficient grounds to change the outcome of the election, it will order a recount or a new election as appropriate. For instance, if a contestant alleges that a specific precinct’s ballots were improperly handled, leading to a miscount, they must present evidence to support this claim. The statute aims to provide a timely and structured mechanism for addressing election irregularities while ensuring that frivolous challenges are deterred through the deposit requirement. The timeframe for filing is strict, and failure to meet it results in the dismissal of the petition.
Incorrect
Hawaii Revised Statutes (HRS) §11-113 governs the process for challenging the validity of election results. A contestant must file a petition with the circuit court within five days after the results are declared by the county clerk. The petition must specify the grounds for the challenge, which can include allegations of fraud, intimidation, or error in the counting or tabulation of ballots. A security deposit of \$500 is required to be filed with the petition, payable to the treasurer of the State of Hawaii. This deposit is forfeited if the contestant does not prevail in the challenge. The court then sets a hearing date, typically within 20 days of the filing. The contestant bears the burden of proving the allegations in the petition. If the court finds that the contestant has proven sufficient grounds to change the outcome of the election, it will order a recount or a new election as appropriate. For instance, if a contestant alleges that a specific precinct’s ballots were improperly handled, leading to a miscount, they must present evidence to support this claim. The statute aims to provide a timely and structured mechanism for addressing election irregularities while ensuring that frivolous challenges are deterred through the deposit requirement. The timeframe for filing is strict, and failure to meet it results in the dismissal of the petition.
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Question 13 of 30
13. Question
Consider the upcoming general election scheduled for Tuesday, November 5th, in the state of Hawaii. A registered voter, residing on the island of Kauai, wishes to cast their ballot via absentee voting. According to Hawaii election law, what is the absolute latest date and time by which the Kauai County Clerk’s office must receive this voter’s completed absentee ballot application to ensure it is considered valid for this election?
Correct
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning voter registration and absentee voting, outlines the procedures and timelines for participating in elections. HRS §11-133 addresses the application for an absentee ballot. This statute specifies that an application for an absentee ballot must be submitted by a voter who is registered to vote. The application must be received by the county clerk no later than 6 p.m. on the seventh day before the election. For an election held on November 5th, the seventh day before would be October 29th. Therefore, if the election is on November 5th, the deadline for receiving an absentee ballot application is 6 p.m. on October 29th. The question asks for the latest day an application can be *received* by the county clerk for an election on November 5th. Counting back seven days from November 5th, we arrive at October 29th. The statute specifies the time as 6 p.m. on that day. Thus, October 29th is the correct answer.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning voter registration and absentee voting, outlines the procedures and timelines for participating in elections. HRS §11-133 addresses the application for an absentee ballot. This statute specifies that an application for an absentee ballot must be submitted by a voter who is registered to vote. The application must be received by the county clerk no later than 6 p.m. on the seventh day before the election. For an election held on November 5th, the seventh day before would be October 29th. Therefore, if the election is on November 5th, the deadline for receiving an absentee ballot application is 6 p.m. on October 29th. The question asks for the latest day an application can be *received* by the county clerk for an election on November 5th. Counting back seven days from November 5th, we arrive at October 29th. The statute specifies the time as 6 p.m. on that day. Thus, October 29th is the correct answer.
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Question 14 of 30
14. Question
Consider a scenario where a non-profit organization, not registered as a political committee in Hawaii, expends \$1,500 during the 2024 election cycle to produce and air television advertisements exclusively advocating for the defeat of a specific mayoral candidate in Honolulu. The advertisements are created and disseminated without any coordination with the candidate’s campaign or any affiliated entity. According to Hawaii election law, what is the primary legal obligation of this organization regarding this expenditure?
Correct
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-21, addresses the disclosure requirements for campaign finance. This statute mandates that any person making an independent expenditure exceeding a certain threshold must file a report with the Hawaii Office of Elections. The threshold for reporting is established by administrative rules, and for independent expenditures, it is currently set at \$1,000 in an election year. An independent expenditure is defined as an expenditure by a person, other than a candidate or a committee, that expressly advocates for the election or defeat of a clearly identified candidate or question. Such expenditures are considered independent if they are not made in cooperation with, or at the request or suggestion of, a candidate, a candidate’s committee, or an agent of a candidate or committee. The purpose of these disclosure requirements is to ensure transparency in political advertising and to inform the public about who is attempting to influence elections. Failure to comply with these reporting requirements can result in penalties. For instance, if an individual or group makes an independent expenditure of \$1,500 to support a gubernatorial candidate without filing the required report within the specified timeframe, they would be in violation of HRS §12-21. The reporting timeframe generally requires filing within 48 hours of making the expenditure.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-21, addresses the disclosure requirements for campaign finance. This statute mandates that any person making an independent expenditure exceeding a certain threshold must file a report with the Hawaii Office of Elections. The threshold for reporting is established by administrative rules, and for independent expenditures, it is currently set at \$1,000 in an election year. An independent expenditure is defined as an expenditure by a person, other than a candidate or a committee, that expressly advocates for the election or defeat of a clearly identified candidate or question. Such expenditures are considered independent if they are not made in cooperation with, or at the request or suggestion of, a candidate, a candidate’s committee, or an agent of a candidate or committee. The purpose of these disclosure requirements is to ensure transparency in political advertising and to inform the public about who is attempting to influence elections. Failure to comply with these reporting requirements can result in penalties. For instance, if an individual or group makes an independent expenditure of \$1,500 to support a gubernatorial candidate without filing the required report within the specified timeframe, they would be in violation of HRS §12-21. The reporting timeframe generally requires filing within 48 hours of making the expenditure.
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Question 15 of 30
15. Question
During the primary election cycle in Hawaii, a candidate committee for a mayoral race in Honolulu received several contributions from a single individual. The first contribution was \$60 on February 10th, and the second was \$70 on March 25th. According to Hawaii Revised Statutes §11-173.5, what is the requirement for reporting these contributions to the Hawaii Campaign Spending Commission?
Correct
Hawaii Revised Statutes (HRS) §11-173.5 governs the reporting of campaign finance contributions. Specifically, it requires that any contribution or aggregate of contributions received from a single person or entity, exceeding \$100, must be reported. The reporting threshold is applied to the aggregate amount received from a single source within an election period. If a candidate committee receives multiple contributions from the same donor, the total sum of those contributions must be considered when determining if the reporting threshold is met. For instance, if a donor contributes \$50 on March 1st and another \$75 on April 15th to the same candidate committee during a primary election period, the aggregate contribution is \$125. Since \$125 exceeds the \$100 threshold, the donor’s name, address, occupation, employer, and the dates and amounts of each contribution must be disclosed in the campaign finance report. This detailed reporting ensures transparency in political fundraising and allows the public to understand the sources of campaign funding. The law aims to prevent undue influence from large donors by making their contributions public record, thus fostering a more accountable electoral process in Hawaii. The specific threshold of \$100 is a legislative determination of what constitutes a significant enough contribution to warrant public disclosure under Hawaii’s election law framework.
Incorrect
Hawaii Revised Statutes (HRS) §11-173.5 governs the reporting of campaign finance contributions. Specifically, it requires that any contribution or aggregate of contributions received from a single person or entity, exceeding \$100, must be reported. The reporting threshold is applied to the aggregate amount received from a single source within an election period. If a candidate committee receives multiple contributions from the same donor, the total sum of those contributions must be considered when determining if the reporting threshold is met. For instance, if a donor contributes \$50 on March 1st and another \$75 on April 15th to the same candidate committee during a primary election period, the aggregate contribution is \$125. Since \$125 exceeds the \$100 threshold, the donor’s name, address, occupation, employer, and the dates and amounts of each contribution must be disclosed in the campaign finance report. This detailed reporting ensures transparency in political fundraising and allows the public to understand the sources of campaign funding. The law aims to prevent undue influence from large donors by making their contributions public record, thus fostering a more accountable electoral process in Hawaii. The specific threshold of \$100 is a legislative determination of what constitutes a significant enough contribution to warrant public disclosure under Hawaii’s election law framework.
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Question 16 of 30
16. Question
Consider a situation in Hawaii where a registered voter, Kiana, discovers information suggesting that a candidate for the Honolulu City Council, Malia, may not meet the residency requirement as stipulated in Hawaii Revised Statutes §11-20.5. Kiana believes Malia has not resided in Honolulu for the required period. Kiana wants to formally challenge Malia’s eligibility. If the last day for Malia to file her nomination papers was May 1st, and Kiana discovers this information on May 8th, what is the absolute latest day Kiana can file a formal written challenge with the chief election official to ensure it is considered under Hawaii Election Law?
Correct
Hawaii Revised Statutes (HRS) §11-20.5 governs the process for challenging the eligibility of a candidate for public office. Specifically, HRS §11-20.5(a) outlines that a written challenge must be filed with the chief election official within a specified timeframe, which is typically ten days after the last day for filing nomination papers or petitions. The challenge must be accompanied by an affidavit of the challenger and a filing fee. The chief election official then serves a copy of the challenge upon the candidate. The candidate has a period, usually five days, to respond. If the candidate fails to respond, they are deemed to have waived their right to a hearing. The statute also details the grounds for challenge, which can include issues with residency, citizenship, age, or prior convictions that disqualify a candidate. The process emphasizes due process, ensuring the candidate has an opportunity to present their case. The underlying principle is to maintain the integrity of the electoral process by ensuring only qualified individuals appear on the ballot, while also preventing frivolous challenges. The specific timeframe for filing a challenge is crucial, as missing this deadline, as stipulated in HRS §11-20.5(a), renders the challenge invalid, irrespective of its merit. This statutory framework, as seen in Hawaii’s election law, balances the need for electoral integrity with the rights of candidates to participate in the democratic process.
Incorrect
Hawaii Revised Statutes (HRS) §11-20.5 governs the process for challenging the eligibility of a candidate for public office. Specifically, HRS §11-20.5(a) outlines that a written challenge must be filed with the chief election official within a specified timeframe, which is typically ten days after the last day for filing nomination papers or petitions. The challenge must be accompanied by an affidavit of the challenger and a filing fee. The chief election official then serves a copy of the challenge upon the candidate. The candidate has a period, usually five days, to respond. If the candidate fails to respond, they are deemed to have waived their right to a hearing. The statute also details the grounds for challenge, which can include issues with residency, citizenship, age, or prior convictions that disqualify a candidate. The process emphasizes due process, ensuring the candidate has an opportunity to present their case. The underlying principle is to maintain the integrity of the electoral process by ensuring only qualified individuals appear on the ballot, while also preventing frivolous challenges. The specific timeframe for filing a challenge is crucial, as missing this deadline, as stipulated in HRS §11-20.5(a), renders the challenge invalid, irrespective of its merit. This statutory framework, as seen in Hawaii’s election law, balances the need for electoral integrity with the rights of candidates to participate in the democratic process.
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Question 17 of 30
17. Question
Consider a scenario where the “Aloha for All” political action committee, registered in Hawaii, makes a series of independent expenditures supporting a candidate for the Honolulu City Council. The committee’s expenditures are as follows: an initial expenditure of $600 on August 15th, followed by a $450 expenditure on August 18th, and a final expenditure of $700 on August 20th, all in the same election cycle. According to Hawaii Revised Statutes Chapter 11, what is the earliest date by which the committee must file a report detailing the expenditure made on August 20th?
Correct
The Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning elections, outlines the procedures and requirements for campaign finance. HRS §11-205.5 mandates that any person making an independent expenditure of $1,000 or more in connection with a statewide election, or $500 or more in connection with any other election, must file a report within 48 hours of making the expenditure. This report is filed with the Hawaii Office of Elections and must disclose the name of the person making the expenditure, the amount, the date, and the candidate or measure to which the expenditure is directed. The purpose of this reporting requirement is to ensure transparency in political advertising and to allow the public and regulatory bodies to track independent spending that may influence election outcomes. Failure to comply with these reporting thresholds and timelines can result in penalties. The question tests the understanding of specific thresholds for independent expenditures and the associated reporting obligations under Hawaii law, distinguishing it from general campaign finance rules applicable in other US states.
Incorrect
The Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning elections, outlines the procedures and requirements for campaign finance. HRS §11-205.5 mandates that any person making an independent expenditure of $1,000 or more in connection with a statewide election, or $500 or more in connection with any other election, must file a report within 48 hours of making the expenditure. This report is filed with the Hawaii Office of Elections and must disclose the name of the person making the expenditure, the amount, the date, and the candidate or measure to which the expenditure is directed. The purpose of this reporting requirement is to ensure transparency in political advertising and to allow the public and regulatory bodies to track independent spending that may influence election outcomes. Failure to comply with these reporting thresholds and timelines can result in penalties. The question tests the understanding of specific thresholds for independent expenditures and the associated reporting obligations under Hawaii law, distinguishing it from general campaign finance rules applicable in other US states.
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Question 18 of 30
18. Question
Consider a scenario where a candidate in a Hawaii state senate race narrowly loses by a margin of 50 votes. The candidate alleges that a significant number of absentee ballots from a particular precinct were not properly processed due to a clerical error by election officials, potentially affecting the outcome. According to Hawaii Election Law, what is the primary procedural hurdle the losing candidate must overcome to successfully contest the election results based on this allegation?
Correct
In Hawaii, the process for challenging the validity of an election result is governed by specific statutes. HRS §15-2 provides the framework for election contests. A petition for contest must be filed within a certain timeframe after the election results are officially declared. The grounds for contest are typically limited to allegations of fraud, malconduct, or errors that materially affected the outcome of the election. The statute emphasizes that the contest must demonstrate a substantial impact on the election’s fairness and the will of the voters. For instance, if a candidate alleges that a certain number of ballots were improperly counted or rejected, they must show that the difference between their vote total and the declared winner’s total is less than or equal to the number of disputed ballots. This ensures that frivolous challenges do not disrupt the electoral process. The burden of proof rests with the petitioner to demonstrate that the alleged irregularities meet the threshold for invalidating the election results. The court will then review the evidence presented and determine whether the election outcome should be overturned. The specific timeframe for filing, the grounds for contest, and the burden of proof are crucial elements to understand when considering election challenges in Hawaii.
Incorrect
In Hawaii, the process for challenging the validity of an election result is governed by specific statutes. HRS §15-2 provides the framework for election contests. A petition for contest must be filed within a certain timeframe after the election results are officially declared. The grounds for contest are typically limited to allegations of fraud, malconduct, or errors that materially affected the outcome of the election. The statute emphasizes that the contest must demonstrate a substantial impact on the election’s fairness and the will of the voters. For instance, if a candidate alleges that a certain number of ballots were improperly counted or rejected, they must show that the difference between their vote total and the declared winner’s total is less than or equal to the number of disputed ballots. This ensures that frivolous challenges do not disrupt the electoral process. The burden of proof rests with the petitioner to demonstrate that the alleged irregularities meet the threshold for invalidating the election results. The court will then review the evidence presented and determine whether the election outcome should be overturned. The specific timeframe for filing, the grounds for contest, and the burden of proof are crucial elements to understand when considering election challenges in Hawaii.
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Question 19 of 30
19. Question
A candidate for the Honolulu City Council, after a close election, believes that several ballots in the Makiki district were improperly invalidated due to minor technical discrepancies on the voter’s affidavit, and that these invalidated ballots, if counted, would have altered the election’s outcome in their favor. The candidate wishes to formally contest the election. According to Hawaii election law, what is the primary procedural hurdle the candidate must overcome to initiate a successful election contest based on the alleged invalidation of ballots?
Correct
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-11, addresses the process of challenging an election result. This statute outlines the grounds upon which an election contest can be initiated and the procedural requirements for filing such a contest. Key elements include the timeframe for filing, the jurisdiction of the court, and the nature of the evidence required to support a claim of irregularity or fraud. A candidate or their representative must demonstrate that the alleged irregularities likely affected the outcome of the election. This involves presenting evidence that, if proven, would change the result. The statute differentiates between minor procedural errors and substantial issues that could compromise the integrity of the election. The burden of proof rests with the contestant. The statute also specifies that a contest must be filed within a certain number of days after the results are declared. For instance, if a candidate alleges that illegal votes were counted, they must provide a sworn statement detailing the specific illegal votes and the precincts where they were cast, along with evidence that the number of such votes is sufficient to change the election outcome. The court then reviews the petition to determine if it states a valid cause of action before proceeding with the contest.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-11, addresses the process of challenging an election result. This statute outlines the grounds upon which an election contest can be initiated and the procedural requirements for filing such a contest. Key elements include the timeframe for filing, the jurisdiction of the court, and the nature of the evidence required to support a claim of irregularity or fraud. A candidate or their representative must demonstrate that the alleged irregularities likely affected the outcome of the election. This involves presenting evidence that, if proven, would change the result. The statute differentiates between minor procedural errors and substantial issues that could compromise the integrity of the election. The burden of proof rests with the contestant. The statute also specifies that a contest must be filed within a certain number of days after the results are declared. For instance, if a candidate alleges that illegal votes were counted, they must provide a sworn statement detailing the specific illegal votes and the precincts where they were cast, along with evidence that the number of such votes is sufficient to change the election outcome. The court then reviews the petition to determine if it states a valid cause of action before proceeding with the contest.
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Question 20 of 30
20. Question
In Hawaii, when preparing a primary election ballot for the office of State Senator for District 15, the county clerk receives valid filings from three candidates: Kai Alameida, Leilani Kai, and Samuel Kealoha. According to Hawaii Revised Statutes §11-113, how must these candidates’ names be presented on the official primary ballot for this specific office?
Correct
Hawaii Revised Statutes (HRS) §11-113 governs the content of primary ballots. This statute mandates that a primary ballot shall contain the names of all candidates for each office who have qualified for the primary election. For each office, the ballot must list the candidates in alphabetical order by surname. The statute also specifies that if a candidate has more than one surname, the candidate may request that the ballot list the candidate by either surname. Furthermore, the law requires that the ballot shall be arranged so that the voter can readily ascertain the office for which each candidate is seeking election. This ensures clarity and prevents voter confusion. The statute does not, however, require the inclusion of a candidate’s political party affiliation on a primary ballot in Hawaii, unlike some other states. The design and arrangement of the ballot are crucial for facilitating the democratic process, ensuring that voters can make informed choices without undue influence or misdirection. The focus is on presenting the candidates for each office clearly and alphabetically, with provisions for surname preference.
Incorrect
Hawaii Revised Statutes (HRS) §11-113 governs the content of primary ballots. This statute mandates that a primary ballot shall contain the names of all candidates for each office who have qualified for the primary election. For each office, the ballot must list the candidates in alphabetical order by surname. The statute also specifies that if a candidate has more than one surname, the candidate may request that the ballot list the candidate by either surname. Furthermore, the law requires that the ballot shall be arranged so that the voter can readily ascertain the office for which each candidate is seeking election. This ensures clarity and prevents voter confusion. The statute does not, however, require the inclusion of a candidate’s political party affiliation on a primary ballot in Hawaii, unlike some other states. The design and arrangement of the ballot are crucial for facilitating the democratic process, ensuring that voters can make informed choices without undue influence or misdirection. The focus is on presenting the candidates for each office clearly and alphabetically, with provisions for surname preference.
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Question 21 of 30
21. Question
Following the preliminary tally of votes in a Hawaiian senatorial election, Candidate Kai received 45,500 votes, and Candidate Leilani received 45,200 votes. The total number of votes cast for these two candidates combined was 90,700. A campaign representative for Candidate Leilani is considering filing a petition for a recount based on the margin of victory. Under Hawaii election law, what is the minimum percentage of the total votes cast for these two candidates that the margin of victory must not exceed to qualify for an automatic recount?
Correct
Hawaii Revised Statutes (HRS) §11-114 governs the process for challenging election results, specifically concerning the recount procedures. A candidate or their representative can request a recount under certain conditions. The statute outlines that a candidate may petition for a recount if the margin of victory between the leading candidate and the petitioning candidate is less than or equal to one-half of one percent of the total votes cast for those two candidates. For example, if Candidate A received 10,000 votes and Candidate B received 9,920 votes, the total votes cast for these two candidates is 19,920. The margin of victory is 80 votes. To determine if a recount is permissible based on the percentage threshold, we calculate \( \frac{80}{19920} \times 100\% \). This calculation results in approximately 0.4016%. Since 0.4016% is less than 0.5% (or one-half of one percent), a recount petition would be valid under this provision. The statute also specifies that the petition must be filed with the chief election officer within a specified timeframe after the official results are declared. The election law in Hawaii emphasizes the importance of accuracy and fairness in the electoral process, providing mechanisms to address potential discrepancies or close contests through recounts, ensuring public confidence in the outcome. This specific threshold ensures that recounts are generally reserved for very close races where a small number of votes could potentially alter the result, thus balancing the need for accuracy with the administrative burden of recounts.
Incorrect
Hawaii Revised Statutes (HRS) §11-114 governs the process for challenging election results, specifically concerning the recount procedures. A candidate or their representative can request a recount under certain conditions. The statute outlines that a candidate may petition for a recount if the margin of victory between the leading candidate and the petitioning candidate is less than or equal to one-half of one percent of the total votes cast for those two candidates. For example, if Candidate A received 10,000 votes and Candidate B received 9,920 votes, the total votes cast for these two candidates is 19,920. The margin of victory is 80 votes. To determine if a recount is permissible based on the percentage threshold, we calculate \( \frac{80}{19920} \times 100\% \). This calculation results in approximately 0.4016%. Since 0.4016% is less than 0.5% (or one-half of one percent), a recount petition would be valid under this provision. The statute also specifies that the petition must be filed with the chief election officer within a specified timeframe after the official results are declared. The election law in Hawaii emphasizes the importance of accuracy and fairness in the electoral process, providing mechanisms to address potential discrepancies or close contests through recounts, ensuring public confidence in the outcome. This specific threshold ensures that recounts are generally reserved for very close races where a small number of votes could potentially alter the result, thus balancing the need for accuracy with the administrative burden of recounts.
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Question 22 of 30
22. Question
Consider a scenario where a candidate for the Honolulu City Council believes that irregularities occurred during the tabulation of absentee ballots in a closely contested district. The candidate alleges that a significant number of ballots were improperly rejected due to minor discrepancies in the voter’s signature verification process, potentially altering the final outcome. Under Hawaii election law, what is the most appropriate initial procedural step for this candidate to formally challenge the election results based on these allegations?
Correct
In Hawaii, the process for challenging election results is governed by specific statutes, primarily HRS §15-13. This statute outlines the grounds upon which an election contest can be initiated and the procedural requirements. A candidate or any voter who participated in the election can file a contest. The grounds for contest typically include allegations of fraud, intimidation, coercion, or other unlawful practices that materially affected the outcome of the election. The petition must be filed within a strict timeframe, usually within a specified number of days after the results are declared. The petition must be filed with the circuit court of the circuit in which the election contest is brought. It must specify the grounds for the contest and the relief sought, such as a recount or the invalidation of certain ballots. The court then sets a hearing date, and all parties involved are notified. The burden of proof rests with the petitioner to demonstrate that the alleged irregularities were substantial enough to change the election’s outcome. This involves presenting evidence and testimony. The court’s decision can range from dismissing the contest to ordering a new election or certifying a different result. The explanation of the correct option is based on the statutory framework for election contests in Hawaii, emphasizing the procedural and substantive requirements for a successful challenge.
Incorrect
In Hawaii, the process for challenging election results is governed by specific statutes, primarily HRS §15-13. This statute outlines the grounds upon which an election contest can be initiated and the procedural requirements. A candidate or any voter who participated in the election can file a contest. The grounds for contest typically include allegations of fraud, intimidation, coercion, or other unlawful practices that materially affected the outcome of the election. The petition must be filed within a strict timeframe, usually within a specified number of days after the results are declared. The petition must be filed with the circuit court of the circuit in which the election contest is brought. It must specify the grounds for the contest and the relief sought, such as a recount or the invalidation of certain ballots. The court then sets a hearing date, and all parties involved are notified. The burden of proof rests with the petitioner to demonstrate that the alleged irregularities were substantial enough to change the election’s outcome. This involves presenting evidence and testimony. The court’s decision can range from dismissing the contest to ordering a new election or certifying a different result. The explanation of the correct option is based on the statutory framework for election contests in Hawaii, emphasizing the procedural and substantive requirements for a successful challenge.
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Question 23 of 30
23. Question
Consider a candidate intending to run for the office of county mayor in the County of Kauai, Hawaii. According to Hawaii election law, what is the minimum number of registered voters from that county that must sign the candidate’s nomination paper for it to be considered valid for ballot access?
Correct
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-26, addresses the submission of nomination papers for candidates. This statute outlines the requirements for the number of signatures needed for various offices. For a candidate seeking election to the office of county mayor, the statute mandates that the nomination paper must be signed by at least 250 registered voters of the county in which the candidate resides. This requirement ensures a minimum level of community support for a candidate to appear on the ballot. The process involves collecting these signatures from eligible voters within the specific county, and these signed nomination papers must then be filed with the appropriate election official by the statutory deadline. Failure to meet the signature threshold or adhere to filing procedures can result in a candidate’s disqualification from the ballot. Understanding this specific signature requirement is crucial for any aspiring candidate in Hawaii’s local elections.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 12, specifically HRS §12-26, addresses the submission of nomination papers for candidates. This statute outlines the requirements for the number of signatures needed for various offices. For a candidate seeking election to the office of county mayor, the statute mandates that the nomination paper must be signed by at least 250 registered voters of the county in which the candidate resides. This requirement ensures a minimum level of community support for a candidate to appear on the ballot. The process involves collecting these signatures from eligible voters within the specific county, and these signed nomination papers must then be filed with the appropriate election official by the statutory deadline. Failure to meet the signature threshold or adhere to filing procedures can result in a candidate’s disqualification from the ballot. Understanding this specific signature requirement is crucial for any aspiring candidate in Hawaii’s local elections.
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Question 24 of 30
24. Question
Consider a scenario in Hawaii where an absentee ballot envelope is received by the county elections division on the day before Election Day. Upon initial review, the election official notes a slight but noticeable deviation between the signature on the absentee ballot envelope and the voter’s signature on their registration card. What is the primary legal recourse available under Hawaii election law to address this signature discrepancy while ensuring the voter’s intent is honored, without disenfranchising them due to a minor signature variance?
Correct
Hawaii Revised Statutes (HRS) Chapter 11, specifically section HRS §11-114, governs the absentee voting process. This statute outlines the requirements for requesting an absentee ballot, the timeline for returning ballots, and the procedures for verifying absentee ballots. A crucial aspect of this process is the verification of the voter’s signature. When an absentee ballot is received, election officials compare the signature on the ballot envelope with the voter’s signature on file in the voter registration records. If there is a discrepancy that raises doubt about the ballot’s authenticity, the law provides a mechanism for resolution. This mechanism involves a review by the chief election official or their designee. The process is designed to ensure ballot integrity while also providing an opportunity for voters to cure minor signature discrepancies. The law does not mandate a specific number of days for this review but implies a reasonable period to allow for the comparison and potential contact with the voter. The focus is on the accuracy of the signature comparison to uphold the principle of one person, one vote, and prevent fraudulent voting. This process is distinct from the initial receipt deadline for absentee ballots.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11, specifically section HRS §11-114, governs the absentee voting process. This statute outlines the requirements for requesting an absentee ballot, the timeline for returning ballots, and the procedures for verifying absentee ballots. A crucial aspect of this process is the verification of the voter’s signature. When an absentee ballot is received, election officials compare the signature on the ballot envelope with the voter’s signature on file in the voter registration records. If there is a discrepancy that raises doubt about the ballot’s authenticity, the law provides a mechanism for resolution. This mechanism involves a review by the chief election official or their designee. The process is designed to ensure ballot integrity while also providing an opportunity for voters to cure minor signature discrepancies. The law does not mandate a specific number of days for this review but implies a reasonable period to allow for the comparison and potential contact with the voter. The focus is on the accuracy of the signature comparison to uphold the principle of one person, one vote, and prevent fraudulent voting. This process is distinct from the initial receipt deadline for absentee ballots.
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Question 25 of 30
25. Question
Consider a scenario where a newly elected county council member in Maui, Hawaii, immediately after the election results are certified, begins utilizing the publicly accessible voter registration data to send unsolicited commercial advertisements for a private insurance agency they own. This action is taken without any prior authorization or specific statutory permission beyond the general public access provision for voter lists. Under Hawaii election law, what is the primary legal classification and potential consequence for this council member’s actions?
Correct
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning election offenses, outlines various prohibitions and penalties. HRS § 11-211 addresses the misuse of voter registration information. This statute prohibits the knowing and willful use or disclosure of voter registration information for purposes other than those authorized by law, such as commercial solicitations or political campaigning not directly related to an election. The intent behind this provision is to protect the privacy of voters and prevent the exploitation of sensitive personal data obtained through the voter registration process. Unauthorized use can lead to significant penalties, including fines and imprisonment, reflecting the seriousness with which the state of Hawaii views the integrity of its electoral processes and the protection of its citizens’ information. The statute aims to ensure that information collected solely for the purpose of facilitating democratic participation is not diverted for unrelated or potentially harmful activities. The specific prohibition against using this information for commercial purposes or for any purpose not directly related to an election underscores the principle that voter data is a public trust, not a commodity.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning election offenses, outlines various prohibitions and penalties. HRS § 11-211 addresses the misuse of voter registration information. This statute prohibits the knowing and willful use or disclosure of voter registration information for purposes other than those authorized by law, such as commercial solicitations or political campaigning not directly related to an election. The intent behind this provision is to protect the privacy of voters and prevent the exploitation of sensitive personal data obtained through the voter registration process. Unauthorized use can lead to significant penalties, including fines and imprisonment, reflecting the seriousness with which the state of Hawaii views the integrity of its electoral processes and the protection of its citizens’ information. The statute aims to ensure that information collected solely for the purpose of facilitating democratic participation is not diverted for unrelated or potentially harmful activities. The specific prohibition against using this information for commercial purposes or for any purpose not directly related to an election underscores the principle that voter data is a public trust, not a commodity.
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Question 26 of 30
26. Question
Following a closely contested election for a seat on the Honolulu City Council, Candidate A secured victory over Candidate B by a margin of 500 votes. Candidate A received a total of 10,000 votes, while Candidate B received 9,500 votes. A registered voter in the district, concerned about the narrow margin, is inquiring about the legal recourse available to ensure the accuracy of the vote tabulation. Under Hawaii election law, what is the specific condition that would trigger a mandatory recount for Candidate B, and who is statutorily responsible for conducting it?
Correct
Hawaii Revised Statutes (HRS) §11-174.5 outlines the procedures for recounts. Specifically, it states that a candidate who receives a number of votes equal to at least ninety-five percent of the number of votes cast for the winning candidate, or a voter who is eligible to vote in the election, may petition for a recount. The statute also specifies that the recount must be conducted by the county clerk or the chief election officer. In this scenario, the margin between Candidate A and Candidate B is 500 votes. The total votes cast for Candidate A were 10,000. To determine if Candidate B is eligible for a mandatory recount under the ninety-five percent threshold, we calculate ninety-five percent of the winning candidate’s votes. \(0.95 \times 10,000 = 9,500\). Since Candidate B received 9,500 votes, which is exactly ninety-five percent of Candidate A’s votes, Candidate B meets the statutory threshold for a mandatory recount. The law mandates that such a recount shall be conducted by the county clerk. This ensures accuracy and public confidence in the election outcome, particularly in close races. The statute also clarifies that the cost of a recount requested by a candidate is borne by the requesting candidate, unless the recount changes the outcome of the election, in which case the cost is borne by the county.
Incorrect
Hawaii Revised Statutes (HRS) §11-174.5 outlines the procedures for recounts. Specifically, it states that a candidate who receives a number of votes equal to at least ninety-five percent of the number of votes cast for the winning candidate, or a voter who is eligible to vote in the election, may petition for a recount. The statute also specifies that the recount must be conducted by the county clerk or the chief election officer. In this scenario, the margin between Candidate A and Candidate B is 500 votes. The total votes cast for Candidate A were 10,000. To determine if Candidate B is eligible for a mandatory recount under the ninety-five percent threshold, we calculate ninety-five percent of the winning candidate’s votes. \(0.95 \times 10,000 = 9,500\). Since Candidate B received 9,500 votes, which is exactly ninety-five percent of Candidate A’s votes, Candidate B meets the statutory threshold for a mandatory recount. The law mandates that such a recount shall be conducted by the county clerk. This ensures accuracy and public confidence in the election outcome, particularly in close races. The statute also clarifies that the cost of a recount requested by a candidate is borne by the requesting candidate, unless the recount changes the outcome of the election, in which case the cost is borne by the county.
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Question 27 of 30
27. Question
Following a closely contested election for a seat in the Hawaii House of Representatives, Representative Kai secured victory with 5,500 votes. Ms. Leilani, another candidate, received 5,100 votes. To determine the eligibility for a recount funded by the state, an election official needs to apply Hawaii’s statutory provisions. Which of the following accurately reflects the condition under Hawaii Revised Statutes §11-20.5 for a candidate to be entitled to a recount at state expense in this specific election scenario?
Correct
Hawaii Revised Statutes (HRS) §11-20.5 outlines the requirements for recounts. Specifically, HRS §11-20.5(a) states that a candidate who receives votes equal to at least 95% of the number of votes cast for the winning candidate is entitled to a recount at state expense. In this scenario, the winning candidate, Representative Kai, received 5,500 votes. The candidate requesting the recount, Ms. Leilani, received 5,100 votes. To determine if Ms. Leilani is entitled to a recount at state expense, we calculate 95% of the winning candidate’s votes: \(0.95 \times 5,500 = 5,225\). Since Ms. Leilani’s 5,100 votes are less than 5,225, she does not meet the threshold for a state-funded recount under this specific statute. The statute also allows for a recount at the requestor’s expense if the margin is closer, but the question specifically asks about a recount at state expense. The key concept here is the threshold for mandatory state-funded recounts in Hawaii, which is tied to a percentage of the winner’s vote count. This ensures that recounts are only initiated when there is a statistically significant closeness in the vote that could potentially alter the outcome, thus conserving public resources. Understanding this percentage threshold is crucial for candidates and election officials in Hawaii.
Incorrect
Hawaii Revised Statutes (HRS) §11-20.5 outlines the requirements for recounts. Specifically, HRS §11-20.5(a) states that a candidate who receives votes equal to at least 95% of the number of votes cast for the winning candidate is entitled to a recount at state expense. In this scenario, the winning candidate, Representative Kai, received 5,500 votes. The candidate requesting the recount, Ms. Leilani, received 5,100 votes. To determine if Ms. Leilani is entitled to a recount at state expense, we calculate 95% of the winning candidate’s votes: \(0.95 \times 5,500 = 5,225\). Since Ms. Leilani’s 5,100 votes are less than 5,225, she does not meet the threshold for a state-funded recount under this specific statute. The statute also allows for a recount at the requestor’s expense if the margin is closer, but the question specifically asks about a recount at state expense. The key concept here is the threshold for mandatory state-funded recounts in Hawaii, which is tied to a percentage of the winner’s vote count. This ensures that recounts are only initiated when there is a statistically significant closeness in the vote that could potentially alter the outcome, thus conserving public resources. Understanding this percentage threshold is crucial for candidates and election officials in Hawaii.
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Question 28 of 30
28. Question
A political aspirant, having recently relocated from California, intends to contest a seat in the Hawaii House of Representatives. The general election is scheduled for November 5, 2024. To satisfy the statutory residency prerequisites for candidacy in Hawaii, by what date must this individual have established residency within the State of Hawaii and within the specific senatorial district they intend to represent?
Correct
The scenario presented involves a candidate for the Hawaii House of Representatives who has recently moved from California and wishes to run for office. Hawaii Revised Statutes (HRS) § 17-3 states that a candidate for the House of Representatives must have been a resident of the State of Hawaii for at least one year immediately preceding the date of the election. Furthermore, HRS § 17-3 also requires a candidate for the House of Representatives to have been a resident of the senatorial district in which they are running for at least three months immediately preceding the date of the election. If the election is scheduled for November 5, 2024, the candidate must have established residency in Hawaii by November 5, 2023, to meet the one-year state residency requirement. Concurrently, they must have established residency in the specific senatorial district by August 5, 2024, to meet the three-month district residency requirement. Therefore, to be eligible to run for the Hawaii House of Representatives in an election held on November 5, 2024, the candidate must have resided in Hawaii for at least one year prior to that date and in the specific senatorial district for at least three months prior to that date. This means the candidate must have been a resident of Hawaii since at least November 5, 2023, and a resident of the senatorial district since at least August 5, 2024.
Incorrect
The scenario presented involves a candidate for the Hawaii House of Representatives who has recently moved from California and wishes to run for office. Hawaii Revised Statutes (HRS) § 17-3 states that a candidate for the House of Representatives must have been a resident of the State of Hawaii for at least one year immediately preceding the date of the election. Furthermore, HRS § 17-3 also requires a candidate for the House of Representatives to have been a resident of the senatorial district in which they are running for at least three months immediately preceding the date of the election. If the election is scheduled for November 5, 2024, the candidate must have established residency in Hawaii by November 5, 2023, to meet the one-year state residency requirement. Concurrently, they must have established residency in the specific senatorial district by August 5, 2024, to meet the three-month district residency requirement. Therefore, to be eligible to run for the Hawaii House of Representatives in an election held on November 5, 2024, the candidate must have resided in Hawaii for at least one year prior to that date and in the specific senatorial district for at least three months prior to that date. This means the candidate must have been a resident of Hawaii since at least November 5, 2023, and a resident of the senatorial district since at least August 5, 2024.
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Question 29 of 30
29. Question
Consider a scenario where a candidate for the Hawaii State Senate receives a substantial monetary contribution for their re-election campaign. The contributing entity is “Pacific Holdings Inc.,” a corporation legally incorporated in Delaware but with extensive business operations and a significant presence in the state of Hawaii, employing hundreds of residents and owning considerable real estate. Under Hawaii Election Law, what is the primary legal obligation of Pacific Holdings Inc. and the campaign committee regarding this contribution?
Correct
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning election campaign contributions and expenditures, outlines strict regulations to ensure transparency and prevent undue influence in elections. HRS §11-204 states that any contribution made by a business entity to a candidate or political committee must be disclosed. Furthermore, HRS §11-204.5 addresses the prohibition of certain contributions, including those from foreign nationals and corporations, with specific exceptions. In the scenario presented, the contribution from “Pacific Holdings Inc.,” a business entity incorporated in Delaware but operating significantly in Hawaii, would fall under these disclosure requirements. The law mandates that the source of such contributions must be clearly identified to the public and the Office of Elections. The nature of the business entity’s incorporation in another state does not exempt it from Hawaii’s campaign finance disclosure laws when it actively participates in Hawaii’s political landscape through contributions. The critical factor is the intent and impact of the contribution within Hawaii’s electoral process. Therefore, Pacific Holdings Inc. is required to disclose its contribution, and the campaign committee receiving it must report it according to Hawaii’s regulations, irrespective of the corporation’s state of incorporation.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning election campaign contributions and expenditures, outlines strict regulations to ensure transparency and prevent undue influence in elections. HRS §11-204 states that any contribution made by a business entity to a candidate or political committee must be disclosed. Furthermore, HRS §11-204.5 addresses the prohibition of certain contributions, including those from foreign nationals and corporations, with specific exceptions. In the scenario presented, the contribution from “Pacific Holdings Inc.,” a business entity incorporated in Delaware but operating significantly in Hawaii, would fall under these disclosure requirements. The law mandates that the source of such contributions must be clearly identified to the public and the Office of Elections. The nature of the business entity’s incorporation in another state does not exempt it from Hawaii’s campaign finance disclosure laws when it actively participates in Hawaii’s political landscape through contributions. The critical factor is the intent and impact of the contribution within Hawaii’s electoral process. Therefore, Pacific Holdings Inc. is required to disclose its contribution, and the campaign committee receiving it must report it according to Hawaii’s regulations, irrespective of the corporation’s state of incorporation.
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Question 30 of 30
30. Question
Consider a scenario where a candidate for the Hawaii State Senate is found to have offered a voter a small cash payment in exchange for their vote in a recent primary election. Upon investigation by the Hawaii Office of Elections, the candidate is convicted of violating a specific election offense. What is the maximum potential penalty for this individual’s first offense under Hawaii election law?
Correct
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning election offenses and penalties, outlines various prohibitions and their corresponding consequences. Section 11-131 addresses the unlawful influencing of voters, which includes the prohibition of offering or giving any reward or consideration to any person for giving or withholding their vote. This statute aims to preserve the integrity of the electoral process by ensuring that votes are cast based on genuine conviction rather than undue influence or bribery. The statute specifies that any person who violates this provision is guilty of a misdemeanor. A misdemeanor conviction in Hawaii, as generally defined in HRS §701-107, can result in imprisonment for a term not exceeding one year or a fine not exceeding $1,000, or both. Therefore, for a first offense under HRS §11-131, the maximum potential penalty would align with the general misdemeanor sentencing guidelines, which includes imprisonment up to one year and a fine up to $1,000.
Incorrect
Hawaii Revised Statutes (HRS) Chapter 11, specifically concerning election offenses and penalties, outlines various prohibitions and their corresponding consequences. Section 11-131 addresses the unlawful influencing of voters, which includes the prohibition of offering or giving any reward or consideration to any person for giving or withholding their vote. This statute aims to preserve the integrity of the electoral process by ensuring that votes are cast based on genuine conviction rather than undue influence or bribery. The statute specifies that any person who violates this provision is guilty of a misdemeanor. A misdemeanor conviction in Hawaii, as generally defined in HRS §701-107, can result in imprisonment for a term not exceeding one year or a fine not exceeding $1,000, or both. Therefore, for a first offense under HRS §11-131, the maximum potential penalty would align with the general misdemeanor sentencing guidelines, which includes imprisonment up to one year and a fine up to $1,000.