§11-25  Challenge by voters; grounds;procedure.  (a)  Challenging prior to election day.  Any registered votermay challenge the right of a person to be or to remain registered as a voter inany precinct for any cause not previously decided by the board of registrationor the supreme court in respect to the same person; provided that in anelection of members of the board of trustees of the office of Hawaiian affairsthe voter making the challenge must be registered to vote in that election. The challenge shall be in writing, setting forth the grounds upon which it isbased, and be signed by the person making the challenge.  The challenge shallbe delivered to the clerk who shall forthwith serve notice thereof on theperson challenged.  The clerk shall, as soon as possible, investigate and ruleon the challenge.

(b)  Challenging on election day.  Any voterrightfully in the polling place may challenge the right to vote of any personwho comes to the precinct officials for voting purposes.  The challenge shallbe on the grounds that the voter is not the person the voter alleges to be, orthat the voter is not entitled to vote in that precinct; provided that only inan election of members of the board of trustees of the office of Hawaiianaffairs, a person registered to vote in that election may also challenge on thegrounds that the voter is not Hawaiian.  No other or further challenge shall beallowed.  Any person thus challenged shall first be given the opportunity tomake the relevant correction pursuant to section 11-21.  The challenge shall beconsidered and decided immediately by the precinct officials and the rulingshall be announced.

(c)  If neither the challenger nor thechallenged voter shall appeal the ruling of the clerk or the precinct officials,then the voter shall either be allowed to vote or be prevented from voting inaccordance with the ruling.  If an appeal is taken to the board ofregistration, the challenged voter shall be allowed to vote; provided thatballot is placed in a sealed envelope to be later counted or rejected inaccordance with the ruling on appeal.  The chief election officer shall adoptrules in accordance with chapter 91 to safeguard the secrecy of the challengedvoter's ballot. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(m); am L 1979, c139, §4 and c 196, §5; am L 1980, c 137, §1; am L 1985, c 203, §3]