Chapter 2.68 VOTER REGISTRATION COMPUTER TAPES

2.68.010 Definitions.

2.68.020 Restrictions on use.

2.68.030 Restrictions on release of information.

2.68.040 Restrictions on rental.

2.68.050 Rental conditions.

2.68.060 Rental charges and deposit.

2.68.070 Violation--Penalty.


2.68.010 Definitions.

When used in this chapter the following terms shall have the meaning given in this section unless it shall be apparent from the context that a different meaning is intended:

A. “Applicant” means a candidate, committee, political party, or service bureau.

B. “Candidate” means an individual as defined under Chapter 11, Part XII (B), Election Campaign Contributions and Expenditures, Hawaii Revised Statutes, as amended.

C. “Clerk” means the county clerk or his authorized representative.

D. “Committee” means any person as defined under Chapter 11, Part XII (B), Election Campaign Contributions and Expenditures, of the Hawaii Revised Statutes, as amended.

E. “Political party” means any party which was on the ballot at the last general election and any political group which shall hereafter undertake to form a political party in the manner provided for in Chapter 11, Part V, Parties, of the Hawaii Revised Statutes, as amended.

F. “Service bureau” means a firm registered to do business in the state and whose principal business is furnishing data processing services.

G. “Voter registration computer tapes” or “tapes” include any information relating to voter registration required to be filed with the county clerk pursuant to Section 11-15 of the Hawaii Revised Statutes, as amended, that has been put on computer tape. (Ord. 895 § 1 (part), 1978: prior code § 22-24.1)

2.68.020 Restrictions on use.

It is unlawful for any person to use, print, publish, or distribute in any manner whatsoever not provided by law any voter registration information acquired directly or indirectly from the voter registration computer tapes. (Ord. 895 § 1 (part), 1978: prior code § 22-24.3)

2.68.030 Restrictions on release of information.

The clerk shall not release any voter registration information other than a voter's name, address, party ballot preference and representative district and precinct. (Ord. 895 § 1 (part), 1978: prior code § 22-24.4)

2.68.040 Restrictions on rental.

A. The clerk shall not allow the release, rental, or sale of the master voter registration computer tape.

B. The clerk may allow the production of duplicate voter registration computer tapes for the following purposes:

1. For release, rental or sale to federal, state or other county agencies requiring such information for a public purpose;

2. For rental to candidates, political parties, committees and service bureaus. (Ord. 895 § 1 (part), 1978: prior code § 22-24.2)

2.68.050 Rental conditions.

The application for release of voter registration computer tapes shall be in the form prescribed from time to time by the clerk and shall include but not be limited to the following conditions:

A. A sworn statement that the applicant shall not use

or allow the use of the voter registration computer tape for any purpose other than seeking nomination for election, or election to office;

B. A written agreement that the applicant will defend and indemnify the county and its agents against any and all claims, causes of action, damages, or losses arising out of, the unlawful or improper use of information contained in the voter registration computer tapes. (Ord. 895 § 1 (part), 1978: prior code § 22-24.5)

2.68.060 Rental charges and deposit.

The rental fee for the use of a voter registration computer tape shall be set forth in the annual budget ordinance. In addition, the applicant shall be responsible for any charges or expenses incurred for any damage to the voter registration computer tape. The applicant shall deposit a sum set forth in the annual budget ordinance as security for payment and damages to the tape which sum shall be applied to the rental charge and damages upon return of the tape to the clerk. (Ord. 3448 § 1, 2007: Ord. 895 § 1 (part), 1978: prior code § 22-24.6)

2.68.070 Violation--Penalty.

Any person who violates this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars or imprisoned not more than one year or both. (Ord. 895 § 1 (part), 1978: prior code § 22-24.7)