AMENDED NOTICE OF PUBLIC HEARING ON
PROPOSED ADMINISTRATIVE RULE
OFFICE OF ELECTIONS
STATE OF HAWAII
Notice is given that the Chief Election Officer, under the authority of section 11-4, Hawaii Revised Statutes (“HRS”), and pursuant to Chapter 91, HRS, and Chapter 3-171, Hawaii Administrative Rules (“HAR”), will hold a public hearing to afford all interested persons an opportunity to submit oral or written testimony on the proposed new administrative rule, HAR § 3-177-62, to clarify how a matter will be resolved “by lot” when those words are used in a statute. Additionally, as these proposed changes would be made to chapter 3-177, HAR, the chapter will likewise be compiled.
SCHEDULE OF PUBLIC HEARING
The public hearing is scheduled at the following time and location:
October 26, 2026
9:00 a.m.
Office of Elections
802 Lehua Avenue
Pearl City, Hawaii 96782
Additionally, video conferencing as a courtesy will be made available via Zoom, with the login information noted below:
View Remote Hearing: https://youtube.com/live/h4ZZlnKB8v8
Remote Oral Testimony: https://us02web.zoom.us/j/83972642208
Telephone: +1 669 444 9171 +1 669 900 9128
+1 719 359 4580 +1 253 205 0468
+1 253 215 8782 +1 346 248 7799
+1 386 347 5053 +1 507 473 4847
+1 564 217 2000 +1 646 558 8656
+1 646 931 3860 +1 689 278 1000
+1 301 715 8592 +1 305 224 1968
+1 309 205 3325 +1 312 626 6799
+1 360 209 5623
Meeting ID: 839 7264 2208
If, for technical reasons, the Zoom conference call cannot be made and/or is disrupted, the hearing will continue. All interested persons are therefore encouraged to submit written testimony in advance of the hearing.
AGENDA OF PUBLIC HEARING
I. Call to Order
II. Purpose of the Public Hearing
III. Outline of Procedures
IV. Testimony
V. Announcement of Decision
VI. Adjournment
TOPIC OF RULE PROPOSED TO BE ADOPTED
The Chief Election Officer proposes a new administrative rule in order to comply with the Hawaii Supreme Court’s opinion in Souza v. v. Nago, et al., SCEC-26-0000598, which was issued on September 4, 2026. The Court ordered Chief Election Officer Nago “to expeditiously promulgate rules to implement the tie-breaker statute, HRS § 11-157” and to “initiate the process to implement rules with due regard to giving public notice of the proposed rules, and in compliance with the procedures required by law.”
The proposed rule solves the problem of how to resolve a matter “by lot.” Specifically, the Chief Election Officer proposes that a new administrative rule, HAR § 3-177-62, be adopted to articulate the manner in which statutory references to making determinations “by lot,” such as the breaking of a tie in an election, are to occur.
The proposed rule addresses the problem by establishing a procedure for a drawing to be used when a determination needs to be made “by lot.” These determinations include resolving contests between candidates and to determine the order of the political preferences that will appear on the ballot for purpose of the Primary Election (i.e. the designations of nonpartisan and for each of the political parties will appear on the ballot card in the order determined by the drawing). As the proposed changes would be made to chapter 3-177, HAR, the chapter would be compiled.
All interested persons wishing to testify on the proposed rule should submit written testimony to the Chief Election Officer, at least twenty-four hours prior to the hearing. Written testimony may be submitted by facsimile to (808) 453-6006, by email to elections@hawaii.gov, by mail to Office of Elections, 802 Lehua Avenue, Pearl City, Hawaii 96782, or by delivering the written testimony in person to the Office of Elections.
Any person submitting written testimony on the day of the hearing shall furnish 10 copies of such testimony to the Chief Election Officer’s staff.
The Chief Election Officer or their designee may impose a time limit for each person presenting testimony at the hearing.
In addition, or in lieu of written testimony, any person may file with the Chief Election Officer within two days following the close of the public hearing a written protest or other comments or recommendations in support of or in opposition to the proposed rule making. Such persons shall notify the Chief Election Officer or their designee at the time of the hearing that they intend to file written materials after the hearing. The period for filing written protests, comments, or recommendations may be extended by the Chief Election Officer for good cause.
A copy of the proposed rule to be adopted will be available to be reviewed in person between the hours of 7:45 a.m. to 4:30 p.m., Mondays through Fridays (excluding holidays or other days that the office is legally closed), at the Office of Elections, 802 Lehua Avenue, Pearl City, Hawaii 96782, through the day the public hearing is held.
A copy of the proposed rule to be adopted will be mailed to any interested person who requests a copy and pays the required fees for the copy and the postage. A requestor may, in lieu of paying postage, pick up the copy in person at the Office of Elections by paying the applicable copying cost of 10 cents per page.
Requests may be made by calling the Office of Elections at (808) 453-VOTE (8683) or 1-800-442-VOTE (8683) (neighbor islands), or by asking in person at the Office of Elections. In addition, requests may be made in writing by submitting the request by facsimile to (808) 453-6006, by email to elections@hawaii.gov, or by mail to Office of Elections, 802 Lehua Avenue, Pearl City, Hawaii 96782.
The request should include the name, address, and telephone number of the requestor. Contact information will be used by the Office of Elections to inform requestors of applicable fees for copy and postage. Upon receipt of payment the rules will be mailed to the requestor.
The proposed rule is also available at the Office of Elections’ website at https://elections.hawaii.gov.
If you require special assistance or auxiliary aids and/or services to participate in the public hearing process, please contact the Office of Elections at (808) 453-8683 or toll free at 1-800-442-8683 or email elections@hawaii.gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request.
(HTH1539114 9/25/26)
