HB2511

SECTION 1. The legislature finds that public trust in elections is foundational to representative government. Transparent maintenance of voter registration rolls, auditable election processes, and secure chain-of-custody procedures are essential to ensuring confidence in electoral outcomes.

The legislature notes that the State is subject to federal election law requirements, including the Help America Vote Act of 2002 and the National Voter Registration Act of 1993, which require states to maintain accurate, centralized voter registration systems and to conduct voter list maintenance in accordance with federal safeguards and due process protections.

The legislature also notes that the chief election officer is entrusted with serving the public interest and administering elections in accordance with the will of the people as expressed through law, under the oversight and authority of the elections commission.

The legislature recognizes that, although the State conducts elections in compliance with federal and state laws, gaps remain in the State's election processes, in terms of voter registration roll accountability, routine audit practices, uniform chain-of-custody standards, and clearly defined accountability mechanisms.

Accordingly, the purpose of this Act is to strengthen election integrity in a manner consistent with federal law by:

(1) Requiring accountability for voter registration roll maintenance;

(2) Requiring routine and transparent election audits;

(3) Establishing uniform chain-of-custody standards for ballots and election materials;

(4) Reinforcing the chief election officer's accountability to the elections commission and to the public trust; and

(5) Increasing transparency while protecting lawful voters' access and privacy.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part

ELECTION INTEGRITY

§11-A Definitions. As used in this part, unless the context requires otherwise:

"Audit" means a post-election examination of voter registration rolls, ballots, tabulation systems, and chain‑of‑custody documentation to verify the election results' accuracy, completeness, and compliance with applicable law.

"Chain of custody" means the documented, continuous control, transfer, handling, storage, and security of ballots, election equipment, and election materials from creation through final certification.

"Election materials" means ballots, ballot envelopes, tabulation media, memory devices, seals, logs, and any records related to holding an election.

"Independent auditor" means a qualified individual or entity having no financial, political, or operational affiliation with the office of elections or any county election office within the previous five years.

§11-B Centralized voter registration system. The office of elections shall:

(1) Establish and maintain a statewide voter registration database that shall be known as the centralized voter registration system; and

(2) Maintain the centralized voter registration system in a manner consistent with federal law and the purposes of this part.

§11-C Voter registration rolls; accountability. (a) The office of elections and the chief election officer shall be responsible for ensuring the accuracy, maintenance, and integrity of the State's centralized voter registration system, regardless of any administrative delegation to the county clerks.

(b) All voter registration roll maintenance activities, including activities relating to notice, timing, and due process, shall be conducted in compliance with the National Voter Registration Act of 1993.

(1) On a quarterly basis, reconcile the statewide voter registration system against death records, review voter address records, and check for duplicate registrations or inactive voters, to the extent authorized under federal law;

(2) Maintain written documentation of the offices reconciliation procedures and findings;

(3) Publish an annual voter registration roll accountability report for public review and submission to the election commission; and

(4) Take any other actions necessary for the purposes of this part.

(d) County clerks shall provide to the office of elections any requested data, records, and cooperation necessary for the administration of this part.

§11-D Post-election audits; requirements. (a) The office of elections shall conduct a post-election audit following each primary and general election.

(b) Each post-election audit shall, at minimum:

(1) Verify and reconcile voter registration rolls;

(2) Reconcile ballots issued, cast, counted, and rejected;

(3) Review vote tabulation processes;

(4) Examine chain-of-custody documentation; and

(5) Review compliance with the Help America Vote Act of 2002, the National Voter Registration Act of 1993, and any other applicable federal and state laws.

(d) Within ninety days of the certification of each election, the corresponding audit report for that election shall be completed and transmitted to the elections commission.

(e) Post-election audit reports shall be made available to the public; provided that information may be redacted as necessary to protect voter privacy and ensure election security.

§11-E Chain-of-custody standards. (a) The office of elections shall adopt uniform, statewide chain-of-custody standards applicable to all elections. The standards, at a minimum, shall require:

(1) Written custody logs for each transfer of election materials;

(2) Dual-control procedures requiring at least two authorized individuals for handling or transferring election materials;

(3) Secure storage utilizing tamper-evident seals;

(4) Time-stamped documentation for all custody changes; and

(5) Retention of election records in accordance with title 52 United State Code section 20701 and all other applicable federal laws.

(b) Any breach, loss, or discrepancy involving election materials shall be documented and reported to the elections commission within twenty-four hours of discovery.

§11-F Public access. The office of elections shall maintain a publicly accessible website that contains:

(1) Post-election audit reports;

(2) Chain-of-custody standards;

(3) Annual voter registration roll accountability summaries; and

(4) Procedures for public observation of audits and recounts.

§11-G Compliance with federal election law. (a) All actions taken pursuant to this part shall be implemented in a manner consistent with the Help America Vote Act of 2002, the National Voter Registration Act of 1993, and any other applicable federal election law.

(b) Nothing in this part shall be construed to:

(1) Prohibit lawful voter registration activities that are protected or required by federal law;

(2) Authorize the removal of eligible voters from voter registration rolls in violation of federal law; or

(3) Limit lawful voter access guaranteed by federal law.

§11-H Accountability of the chief election officer. (a) The chief election officer shall administer elections in accordance with state and federal law and under the oversight and authority of the elections commission, consistent with the public trust placed in the office of elections.

(b) The chief election officer shall:

(1) Provide timely, complete, and accurate information to the elections commission regarding voter registration roll maintenance, audits, and chain-of-custody compliance;

(2) Implement directives, policies, and corrective actions adopted by the elections commission;

(3) Appear before the elections commission upon request to address matters concerning election integrity, transparency, or compliance; and

(4) Ensure that the administrations of elections reflects the intent of the legislature and the rights of the electorate.

(c) Failure to comply with this part or with directives of the elections commission may constitute grounds for corrective action, formal findings of noncompliance, or further action as authorized by this title.

§11-I Elections commission; authority. The elections commission may review compliance with this part and may require corrective measures where deficiencies are identified.

§11-J Supremacy of this part; limitation. (a) No state law, administrative rule, regulation, or policy shall contradict this part. In the case of a conflict, this part shall prevail.

(b) This part shall not be construed to:

(1) Create a private cause of action;

(2) Limit any existing legal remedy otherwise provided by law, except to the extent the legal remedy conflicts with this part as described in subsection (a);

(3) Permit partisan interference in election administration or diminish the independence of the elections commission; or

(4) Authorize the disclosure of confidential or personally identifiable voter information.

§11-K Rules. The elections commission may adopt rules pursuant to chapter 91 necessary for the purposes of this part."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the administration of the statutory part established pursuant to section 2 of this Act.

The sum appropriated shall be expended by the office of elections for the purposes of this Act.

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2026.

INTRODUCED BY:

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THE SENATE	S.B. NO.	2511
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII