Commission presses Office of Elections for transfer logs, legal clarity on opening envelopes for audits

HILO — The Hawaii Elections Commission took several actions Feb. 4 aimed at resolving longstanding questions about chain of custody for mail ballots from the 2024 general election.

Commissioners voted to request that the chief elections officer and Hawaii County produce transfer logs that document how many returned ballot envelopes were delivered from the county to the state counting center. The motion was prompted by testimony and reports describing apparent discrepancies between county counts, post office business-reply-mail tallies, and entries in the statewide voter registration system.

After hours of public testimony highlighting missing or incomplete envelope receipts, Commissioner Ralph moved that the Office of Elections produce transfer logs for Hawaii County; the commission approved the request by roll call.

The panel also debated a proposal to require certified/accountable mail for all 2026 mail ballots. Department staff and commissioners raised immediate concerns about the costs to run certified mail at scale; the motion failed on a roll-call vote.

Because state and federal law intersect on retention and access to returned ballot materials, the commission asked the Deputy Attorney General to issue a written opinion clarifying whether sealed ballot envelopes (and ballots) may be unsealed for audit during the federal 22-month preservation window and whether the Elections Commission can be designated to conduct such audits. Deputy AG Jordan Ching advised caution, noting federal rules grant the U.S. Attorney General a narrow path to demand records retained under federal law, and that state administrative rules require sealed storage; he agreed to provide a written opinion.

Separately, the commission voted to send a letter to the Legislature requesting funding for an outside audit and management review of the 2024 Hawaii County election; an amendment to seek statewide funding failed. Commissioners who supported the motion said an independent audit is necessary to restore public confidence; opponents warned of timing and the near-term feasibility of getting funds in the current legislative session.

The commission also directed the chief elections officer to preserve available records from the 2020 general election, the 2022 general where retained, and the 2024 general election while legal questions remain.

Next steps: the Deputy AG will produce a written legal opinion; the commission awaits that guidance before scheduling any unsealing/counting that could otherwise raise legal exposure.

"If we cannot verify the numbers, then we need to go to an audit," Commissioner Dylan said during debate. "But we have to do it in a way that is lawful and defensible."