§11-15  Application to register.  (a) Any person qualified to and desiring to register as a voter in any county shallmake and subscribe to an application in the form of an affidavit.

The affidavit shall contain the followinginformation:

(1)  Name;

(2)  Social security number;

(3)  Date of birth;

(4)  Residence, including mailing address;

(5)  That the residence stated in the affidavit is notsimply because of the person's presence in the State but that the residence wasacquired with the intent to make Hawaii the person's legal residence with allthe accompanying obligations therein;

(6)  That the person is a citizen.

(b)  Any person qualified to and desiring toregister as a voter for the election of members of the board of trustees of theoffice of Hawaiian affairs shall make and subscribe to an application in theform of an affidavit which shall state that the person is Hawaiian and whichshall contain the information required under subsection (a).  The affidavitshall also apply to all elections, primary, special primary, general, specialgeneral, special, or county, held in the State, under all voting systems usedwithin the State, so far as applicable and not inconsistent with this title.

(c)  The applicant shall swear to the truth ofthe allegations by self-subscribing oath in the affidavit on application forvoter registration or other form prescribed by the chief election officer. Unless contested by a qualified voter, the clerk may accept, as prima facieevidence, the allegation of the applicant in information required in theaffidavit in subsection (a)(5), and the allegation of the applicant that theapplicant is Hawaiian required in subsection (b).  In any other case where theclerk shall so desire or believe the same to be expedient, the clerk may demandthat the applicant furnish substantiating evidence to the allegations of theapplicant's application.

(d)  The applicant shall then affix theapplicant's signature to the affidavit.  In the case where an applicant isunable to write for the reason of illiteracy, blindness, or other physicaldisability the applicant's mark shall be witnessed by another person who shallsign the affidavit in the space provided.  A voter having once been registeredshall not be required to register again for any succeeding election, except asprovided in this chapter.  Affidavits approved by the clerk shall thereupon benumbered appropriately, filed by the clerk and kept available for election orgovernment purposes in accordance with procedures established by section 11-97.

(e)  The clerk may designate a subordinate orsubordinates to act in the clerk's place and stead in all matters covered bythis section, except that no candidate shall be eligible to serve as asubordinate. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(f); am L 1974, c 34,§1(a); am L 1976, c 106, §1(4); am L 1979, c 196, §4; am L 1981, c 107, §1 andc 195, §1; gen ch 1985; am L 1989, c 111, §1; am L 1990, c 45, §§2, 3 and c156, §6; am L 1998, c 23, §2]

 

Attorney General Opinions

 

  Clerk may deputize seventeen-year olds as voter registrars,there being no statute imposing age requirement.  Att. Gen. Op. 72‑2.

 

Case Notes

 

  Indictment of section dismissed because did not allegechallenge by a qualified voter or that defendant had information contrary tothat contained in voter registration affidavits.  67 H. 398, 688 P.2d 1152.

  Preclearance under Voting Rights Act not prerequisite forenforcement of this section.  68 H. 516, 722 P.2d 453.