Rule 507  Political vote.  Every person
has a privilege to refuse to disclose the tenor of the person's vote at a
political election conducted pursuant to chapter 11, by secret ballot unless
the vote was cast illegally. [L 1980, c 164, pt of §1; gen ch 1985]



 



RULE 507 COMMENTARY



 



  This rule is similar to Uniform Rule of Evidence 506
and to the unenacted U.S. Supreme Court proposal for Rule 507, see Rules of
Evidence for U.S. Courts and Magistrates as promulgated by the U.S. Supreme
Court, 28 App. U.S. Code Service, App. 6 (1975).  The Advisory Committee's Note
to proposed Rule 507 pointed out:  "Secrecy in voting is an essential
aspect of effective democratic government, insuring free exercise of the
franchise and fairness in elections.  Secrecy after the ballot has been cast is
as essential as secrecy in the act of voting."



  The present rule applies only if the election in question was
"political [and] conducted pursuant to chapter 11 [of the Hawaii Rev.
Stat. (1976)]."  The scope is accordingly governed by Hawaii Rev. Stat.
§11-3 (1976):  "This chapter shall apply to all elections, primary,
special primary, general, special general, special, or county, held in the
State."  Provision in the rule for an exception in the event of an
illegally cast vote is consistent with the law of election offenses and crimes,
Hawaii Rev. Stat. ch. 19 (1976).