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Kokua Line

By June Watanabe


State relies on honor
system among voters

Question: I have a concern pertaining to nonresidents voting in our elections. With the increased use of the absentee ballot and targeted mailings, nonresidents can easily circumvent the voting laws. What kinds of safeguards are in place to prevent nonresidents from voting in our elections? If there are no safeguards in place, why aren't there any? What is being done to protect the integrity of our voting system?

Answer: The "safeguard" you're looking for doesn't exist. Essentially, the state depends on someone challenging the right of another person to vote or the return of a "Notice of Voter Registration and Address Confirmation" card to flag out a questionable voter.

But there is no one poring over the voter registration rolls or double-checking that someone is qualified to vote.

Rex Quidilla, spokesman for the state Office of Elections, points out that the voter registration form in all states is an affidavit: "It's a legal document. You affirm that you meet the qualifications for the given state."

To vote in Hawaii, you must be at least 18 years old at the time of the election, be a U.S. citizen and be a resident of the state of Hawaii.

"If you lie and knowingly provide false information, it's a Class C felony," punishable by five years in prison and/or a $10,000 fine, Quidilla said. "So it is a fairly steep penalty attached to this."

The state also sends out yellow voter registration cards.

If a card bounces back, "we put a questionable address on there and flag it at the polls," Quidilla said. There may be a legitimate reason, such as someone simply moving to another address, but for whatever reason, a "stop" is placed for election workers to double-check a person's qualifications.

In general, unless election officials are provided information to the contrary, the registration forms are "self-subscribing," Quidilla said.

However, if any of the four county clerks are provided information to the contrary, they can begin an investigation, he said.

"But it has to be substantive information," he emphasized. "You can't just be finger-pointing" and saying something as general and baseless as "that person has a heavy (foreign) accent and he can't be a U.S. citizen."

Quidilla said Hawaii, like other states, is trying to balance voter accessibility with security.

Asked if illegal registration is a problem here, Quidilla said: "There is a lot of discussion about it, but people haven't come forward (with any proof). We need substantive evidence that 'this person' is not eligible to vote. There's no credible evidence that this is a widespread phenomenon."

However, "We have people who may unknowingly be registered to vote and that's why we try to get the word out" about what the qualifications are to vote.

If you do suspect fraud, contact the Office of Elections. The allegations preferably should be put in writing. Also, "If you do a voter challenge, it cannot be done anonymously," Quidilla said. "We need to know who you are so we can follow up."

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