§11-119  Printing; quantity.  (a)  The ballots shall be printed by order of the chief election officer or the clerk in the case of county elections.  In any state or county election, the chief election officer and clerk shall endeavor to consolidate the printing and ballot package mailing contracts where the consolidation will result in lower costs.

     (b)  Whenever the chief election officer is responsible for the printing of ballots, unless provided otherwise, the exact wording to appear thereon, including questions and issues, shall be submitted to the chief election officer no later than 4:30 p.m. on the seventy-fifth calendar day before the applicable election.

     (c)  Based upon clarity and available space, the chief election officer or the clerk in the case of county elections shall determine the style and size of type to be used in printing the ballots.  The color, size, weight, shape, and thickness of the ballot shall be determined by the chief election officer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(kk); am L 1975, c 36, §1(6); am L 1976, c 106, §1(9); am L 1979, c 133, §4; am L 1980, c 264, §1(i); am L 1985, c 203, §4; am L 2011, c 143, §4; am L 2019, c 136, §16]

Case Notes

  Where reserve ballots were issued and delivered to polling places across Hawaii when it was discovered that an insufficient number of ballots were available on the day of the 2012 general election, the intermediate court of appeals erred in affirming circuit court decision that the ballot order methodology was not a rule subject to the rulemaking requirements of the Hawai`i Administrative Procedure Act ("HAPA").  The procedures used to determine that there will be a sufficient number of ballots ordered for each precinct for a primary or general election and the policy for counting votes cast on ballots for the incorrect precinct are "rules" under HAPA and, thus, subject to the rulemaking requirements of HAPA.  138 H. 228, 378 P.3d 944 (2016).