[EL] Help with Hawaii voter id law

[Michael J. Hanmer]

Hi,

I'm trying to understand Hawaii's voter identification laws/procedures going back to 1970.  If anyone can help please contact me separately at mhanmer at umd.edu<mailto:mhanmer at umd.edu> and I'll be glad to report back to the list what I learn.  Below is a summary of what I think I know and some documentation.

As of 1970 Hawaii 11-136 has had language indicating that precinct officials can request identification before allowing an individual to vote.  The 1970 version says: "Every person shall provide identification if so requested by an election inspector or clerk." There aren't any substantive changes through 2011 (the full section as of 2011 and history appear below).  I do not have any information on the circumstances under which one would be asked for identification nor what identification would be acceptable.  I have not found anything in the law or administrative rules prior to 1982 on this.

In 1982 the Lt. Governor's office issued an administrative rule with language on voter identification (a big thank you to Lori Minnite for pointing me to this).  Title 2, Chapter 35, Subchapter 9, part (b) of the 1982 administrative rule says "A voter shall present valid identification to the official in charge of the pollbook."  There are several revisions to the administrative rules and the numbering system changes but this particular language does not change (I have these and can forward them to anyone who would like them).  I have not found any information regarding what types of identification would be acceptable.

I've spoken with people in the Lt. Governor's office and the Office of Elections but have not been able to get firm information on practices prior to 2000, lists of acceptable identification, the reason for the administrative rule, or what, as a practical matter, changed when the administrative rule was issued.  I was told that going back to 2000, photo identification has been requested but if someone doesn't have any identification he/she can go through a verification process on the spot (verify name, date of birth, address) and if the information matches the records the individual can vote.  Since HAVA, a utility bill was added as acceptable identification.  Unfortunately, I did not get any information about where, if anywhere, any of this was documented.

A final source of information is the Wikiwiki Registration form (http://hawaii.gov/elections/forms/voter_application.pdf).  On the form it has a set of questions and answers, including the following:
"Do I Need an I.D. to Vote on Election Day?
Yes. Be sure to have an I.D. with a picture and signature (such as a Hawaii driver's license or state I.D. card) when you go to vote. The NVRAC card is not an acceptable form of identification."

One official in the Office of Elections suggested that this language was too strict and described the same options as noted above for those who do not have identification (which came from a different source in the Office of Elections).  Unfortunately, this official did not reveal any information about when this was first put on the form or what laws/rules it reflects.

Below is the 2011 version of the law.
"§ 11-136.  Poll book, identification, voting.

  Every person upon applying to vote shall sign the person's name in the poll book prepared for that purpose. This requirement may be waived by the chairperson of the precinct officials if for reasons of illiteracy or blindness or other physical disability the voter is unable to write. Every person shall provide identification if so requested by a precinct official. A poll book shall not contain the social security number of any person.

After signing the poll book and receiving the voter's ballot, the voter shall proceed to the voting booth to vote according to the voting system in use in the voter's precinct. The precinct official may, and upon request shall, explain to the voter the mode of voting.

HISTORY: L 1970, c 26, pt of § 2; am L 1973, c 217, § 1(qq); am imp L 1984, c 90, § 1; gen ch 1993; am L 2003, c 23<http://web.lexis-nexis.com/stcapuniv/buttonLink?_m=480f348294abb6475bdbcaf048137286&_butinfo=lxe_2003_HI_ACT_23&wchp=dGLbVzk-zSkVS&_md5=01d0b1c2319ec7d375166f3bad4a5173>, § 1"

Thank you!!!

Mike


Michael J. Hanmer
Associate Professor, Department of Government and Politics
Research Director, Center for American Politics and Citizenship
University of Maryland, College Park
3140 Tydings Hall
College Park, MD 20742
mhanmer at umd.edu<mailto:mhanmer at umd.edu>

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