What's Being Discussed

The Hawaii Office of Elections is holding a public hearing to gather feedback on a proposed new rule that explains how tie-breaking decisions in elections will be made "by lot" — meaning through a random drawing.

• This rule was ordered by the Hawaii Supreme Court following its September 4, 2026 decision in Souza v. Nago, which directed the Chief Election Officer to create formal procedures for breaking ties.
• The proposed rule would establish an official drawing procedure to be used when a tie needs to be broken between candidates in an election.
• The drawing would also be used to determine the order in which political parties and nonpartisan designations appear on the Primary Election ballot.

Decisions Expected

At the close of the hearing, the Chief Election Officer is expected to announce a decision on whether to adopt the proposed rule. The public may also submit written comments up to two days after the hearing.

Who Should Pay Attention

• Voters who want to understand how election ties are resolved in Hawaii
• Candidates who could be affected by a tie-breaking drawing in a close race
• Political parties interested in how party designations will be ordered on ballots
• Anyone interested in election administration and how official rules are made

The hearing takes place October 26, 2026 at 9:00 a.m. at the Office of Elections in Pearl City, or remotely via Zoom and YouTube. Written testimony can be submitted by email to elections@hawaii.gov or by fax to (808) 453-6006, at least 24 hours before the hearing.