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i <br /> Mr. R. B. Legaspi -3- October 24, 1979 <br /> 2. Special Charter Election - Absentee Voting. <br /> We understand thatin the past, the Office of the County <br /> Clerk has accepted in person absentee voting until 4 :30 p.m. <br /> of the day preceding the election. Further, the day preceding <br /> an election has never been a holiday. Thus, in the past, <br /> the County Clerk' s Office administered absentee balloting <br /> during the hours of a normal business day. <br /> Section 15-7, H.R.S. , provides as follows: <br /> "Absentee polling place. An absentee polling <br /> place shall be established at the office of the <br /> respective clerks or a place designated by the <br /> clerk under the provisions prescribed in the rules <br /> promulgated by the chief election. officer. The <br /> absentee polling place shall be open before election <br /> • day to handle the absentee voters who axe voting <br /> in .person. " <br /> • In accordance with this provision, Rule 3. 6-C of <br /> the Rules.. and Regulations Governing Elections 1978 was <br /> • promulgated. It specifies that the County Clerk shall: <br /> • <br /> "Determine the duration and hours of operation for the <br /> absentee polling place. The absentee polling place <br /> shall close no later than 4 :30 p.m. on the day prior to <br /> Election Day. Adequate notice shallbe provided to the • <br /> voters <br /> These provisions allow the Clerk' s Office to administer <br /> absentee balloting until 4 <br /> g •.30 p.m. on the day prior to <br /> election day. .Nowhere is this authority qualified so as to <br /> not apply on holidays. . <br /> In the present case, since the day preceding the Special <br /> Charter Election is a holiday, it follows that the County <br /> Clerk' s Office may remain open that day as an absentee <br /> polling place. <br /> Should you decide not to administer absentee balloting <br /> on ,the holiday preceding the election, adequate notice must <br /> be provided to. all prospective absentee voters. (See Rule <br /> 3.6-C of the Rules and Regulations Governing Elections <br /> 1978. ) Since absentee polling places have been traditionally <br /> open until 4 :30 p.m. on the day prior to election and your • <br /> office, by a press release dated October 4, 1979, advised <br /> the public that the Clerk' s Office was designated as an <br /> absentee polling place "beginning October 24 , 1979 through <br /> November 2, 1979 , " notice must be sufficient to countermand <br />