§11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse. The following rules shall determine residency for election purposes only:
(1) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is absent, the person has the intention to return;
(2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person's permanent dwelling place within such precinct;
(3) If a person resides with the person's family in one place, and does business in another, the former is the person's place of residence; but any person having a family, who establishes the person's dwelling place other than with the person's family, with the intention of remaining there shall be considered a resident where the person has established such dwelling place;
(4) The mere intention to acquire a new residence without physical presence at such place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish such place as the person's residence;
(5) A person does not gain or lose a residence solely by reason of the person's presence or absence while employed in the service of the United States or of this State, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in a prison;
(6) No member of the armed forces of the United States, the member's spouse or the member's dependent is a resident of this State solely by reason of being stationed in the State;
(7) A person loses the person's residence in this State if the person votes in an election held in another state by absentee ballot or in person.
In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(1); am L 1977, c 189, §1(1); gen ch 1985]
Attorney General Opinions
Residency of person living temporarily out-of-district. Att. Gen. Op. 86-10.
Case Notes
County board of registration did not err in finding that voter, by changing voter registration to Lahaina, where voter was living and working at the time, lost voter's residency on Lanai; by registering to vote in Lahaina, voter represented that it was voter's place of residence and that statement of intent, together with voter's habitation on Maui, established Maui as voter's residence. 121 H. 297, 219 P.3d 1084 (2009).
County board of registration did not err in finding that voter was a resident of Lahaina rather than Lanai for purposes of voting in the 2008 general election where voter did not abandon voter's residence in Lahaina and relocate voter's permanent residence to Lanai, voter did not own or work for a business on Lanai, did not own or rent a house or keep a car on the island, and substantial evidence supported the inference that voter had not established sufficient physical presence on Lanai where plaintiff had not seen voter at the post office, the store, gas station or restaurants, or either bank on Lanai. 121 H. 297, 219 P.3d 1084 (2009).
Mentioned: 878 F. Supp. 2d 1124 (2012); 960 F. Supp. 2d 1074 (2013).
Structure Hawaii Revised Statutes
11-1.5 Office of elections established.
11-2 Chief election officer; duties.
11-2.8 Publication of election notices.
11-6 Petitions; withdrawal of signatures.
11-7.5 Duties of the elections commission.
11-8 Elections commission; political activities.
11-8.5 Elections review program.
11-10 Candidates for public office; public service announcements; public funds.
11-10.5 Statewide voters with special needs advisory committee.
11-10.6 County voters with special needs advisory committees.
11-12 Age; place of registering.
11-13 Rules for determining residency.
11-14 General county register; restrictions in use.
11-14.5 Residence address; confidentiality.
11-14.6 REPEALED. L 1997, c 157, §3.
11-15 Application to register.
11-15.3 Application to register electronically.
11-15.5 Duties of all state agencies; voter registration.
11-15.7 Automatic registration.
11-16 Application when not made in person.
11-17 Removal of names from register, when; reregistration.
11-18 Transfer of registration on removal from one precinct to another in same county.
11-19 Registration from one county to another.
11-20 Transfers; name changes; initiated by clerk.
11-21 Change of name, transfer on election day.
11-22 Changing register; correction of errors.
11-23 Changing register; striking names of disqualified voters.
11-25 Challenge by voters; grounds; procedure.
11-26 Appeal from ruling on challenge; or failure of clerk to act.
11-41 Boards of registration, appointment, tenure.
11-52 Hearing; decision final.
11-53 Decision, notice; action on.
11-61 "Political party" defined.
11-62 Qualification of political parties; petition.
11-63 Party rules, amendments to be filed.
11-64 Names of party officers to be filed.
11-65 Determination of party disqualification; notice of disqualification.
11-77 Appointment of watchers; service.
11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.
11-92.5 Minimum number of precincts.
11-96 Records prima facie evidence.
11-97 Records open to inspection.
11-98 Forms and materials used in elections.
11-99 Members of Congress, applicability of election laws.
11-101 Elections eligible to be conducted by mail.
11-102 Procedures for conducting elections by mail.
11-103 Public notice of mailing.
11-104 Ballot instructions; ballot return.
11-106 Deficient return identification envelopes.
11-107 Electronic transmission under certain circumstances.
11-109 Voter service centers; places of deposit.
11-110 Election expenses and responsibilities for elections by mail.
11-111 Official and facsimile ballots.
11-114 Order of offices on ballot.
11-115 Arrangement of names on the ballot.
11-116 Checking ballot form by candidates and parties.
11-117 Withdrawal of candidates; disqualification; death; notice.
11-118 Vacancies; new candidates; insertion of names on ballots.
11-118.5 Constitutional amendments, proposed; attorney general statement.
11-131 Voter service center hours.
11-132 Two hundred foot radius.
11-137 Secrecy; removal or exhibition of ballot.
11-153 More or fewer ballots than recorded.
11-154 Records, etc.; disposition.
11-155 Certification of results of election.
11-156 Certificate of election and certificate of results, form.
11-158 Mandatory recount of votes.
11-171 Applicability of this part.
11-172 Contests for cause; generally.
11-175 Powers of supreme court; costs.
11-182 Election expenses when no county elections.
11-183 Election expenses when no state elections.
11-191 to 11-213 OLD REPEALED. § §11-191 to 11-225 REPEALED.
11-311 Campaign spending commission established; composition.
11-314 Duties of the commission.
11-316 Political activities prohibited.
11-321 Registration of candidate committee or noncandidate committee.
11-322 Organizational report, candidate committee.
11-323 Organizational report, noncandidate committee.
11-325 When an individual may not serve as a committee officer.
11-326 Termination of candidate committee's or noncandidate committee's registration.
11-327 Ballot issue committee; contributions and expenditures.
11-331 Filing of reports, generally.
11-333 Candidate committee reports.
11-334 Time for candidate committee to file preliminary, final, and supplemental reports.
11-335 Noncandidate committee reports.
11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.
11-337 Reporting expenditures.
11-338 Late contributions; late expenditures; report.
11-340 Failure to file report; filing a substantially defective or deficient report.
11-341 Electioneering communications; statement of information.
11-342 Fundraiser; notice of intent.
11-344 Sale or use of information.
11-351 Contributions, generally.
11-352 False name contributions prohibited.
11-353 Anonymous contributions prohibited.
11-354 Fundraising on state or county property prohibited.
11-355 Contributions by state and county contractors prohibited.
11-356 Contributions by foreign national or foreign corporation prohibited.
11-357 Contributions to candidate committees; limits.
11-358 Contributions to noncandidate committees; limits.
11-360 Contributions to a party.
11-361 Aggregation of contributions and expenditures.
11-362 Contributions limited from nonresident persons.
11-363 Other contributions and expenditures.
11-364 Excess contribution; return; escheat.
11-371 Loan to candidate committee.
11-372 Reporting loan; written loan agreement.
11-373 Noncandidate committee loan prohibited.
11-381 Campaign funds only used for certain purposes.
11-382 Prohibited uses of campaign funds.
11-384 Disposition of campaign funds; termination of registration.
11-403 Notice of complaint; opportunity to explain or respond to complaint.
11-404 Initial determination by the commission.
11-405 Preliminary determination regarding probable cause.
11-406 Waiver of further proceedings.
11-407 Contested case hearing.
11-409 Final determination of violation; order.
11-410 Administrative fines; relief.
11-421 Hawaii election campaign fund; creation.
11-423 Voluntary expenditure limits; filing affidavit.
11-425 Maximum amount of public funds available to candidate.
11-426 Candidate exceeds voluntary expenditure limit.
11-427 Reserving use of contributions.
11-428 Eligibility requirements for public funds.
11-429 Minimum qualifying contribution amounts; qualifying contribution statement.
11-430 Application for public funds.
11-433 Post-election report required.
11-434 Post-election examination and audit; return of funds.