Notice of Public Hearing on Proposed Administrative Rule
News Release from Office of Elections, October, 2026
Notice is given that the Chief Election Officer, under the authority of section 11-4, Hawaii Revised Statutes (“HRS”), and pursuant to Chapter 91, HRS, and Chapter 3-171, Hawaii Administrative Rules (“HAR”), will hold a public hearing to afford all interested persons an opportunity to submit oral or written testimony on the proposed new administrative rule, HAR § 3-177-62, to clarify how a matter will be resolved “by lot” when those words are used in a statute. Additionally, as these proposed changes would be made to chapter 3-177, HAR, the chapter will likewise be compiled.
View the Amended Notice of Public Hearing
SCHEDULE OF PUBLIC HEARING
The public hearing is scheduled at the following time and location:
- October 26, 2026 9:00 a.m.
- Office of Elections 802 Lehua Avenue Pearl City, Hawaii 96782
Additionally, video conferencing as a courtesy will be made available via Zoom, with the login information noted below:
View Remote Hearing: https://youtube.com/live/h4ZZlnKB8v8
More info on remote viewing and testimony: LINK
View the Amended Notice of Public Hearing (with text of rules proposed to be adopted)
TOPIC OF RULE PROPOSED TO BE ADOPTED
The Chief Election Officer proposes a new administrative rule in order to comply with the Hawaii Supreme Court’s opinion in Souza v. v. Nago, et al., SCEC-26-0000598, which was issued on September 4, 2026. The Court ordered Chief Election Officer Nago “to expeditiously promulgate rules to implement the tie-breaker statute, HRS § 11157” and to “initiate the process to implement rules with due regard to giving public notice of the proposed rules, and in compliance with the procedures required by law.”
The proposed rule solves the problem of how to resolve a matter “by lot.” Specifically, the Chief Election Officer proposes that a new administrative rule, HAR § 3177-62, be adopted to articulate the manner in which statutory references to making determinations “by lot,” such as the breaking of a tie in an election, are to occur.
The proposed rule addresses the problem by establishing a procedure for a drawing to be used when a determination needs to be made “by lot.” These determinations include resolving contests between candidates and to determine the order of the political preferences that will appear on the ballot for purpose of the Primary Election (i.e. the designations of nonpartisan and for each of the political parties will appear on the ballot card in the order determined by the drawing). As the proposed changes would be made to chapter 3-177, HAR, the chapter would be compiled. …
More info on proposed rule: LINK