04-08Posted on Apr 2, 2004 in Formal Opinions
Opinion Letter No. 04-08
April 2, 2004
Lists of Voters
The General County Register required to be maintained by the County Clerk under section 11-14, HRS, which contains, among other things, the name and address of each voter, is not public under the UIPA when requested for purposes unrelated to “government or elections.”
Section 92F-13(4), HRS, allows an agency to withhold records that are protected from public disclosure by another State law. Section 11-14, HRS, provides that the General County Register is only available for “election or government purposes.” Thus, section 11-14, HRS, protects the General County Register from general disclosure. The County Clerk is entitled under the UIPA to deny access to the General County Register to a member of the public who is not seeking the record for “election or government purposes.”
The Hawaii County Elections Division Office (“EDO”), maintains a list, pursuant to section 11-97, HRS, containing, among other things, each voter’s name, arranged alphabetically, district/precinct designation for the voter, and the voter’s status (the “Public List”). The EDO maintains the Public List in binders available for public review.
The UIPA requires the County Clerk to provide a copy of the alphabetical list of registered voters, district/precinct, and status, which is available for review, to the public. The UIPA requires an agency to make all public records available for inspection and copying during regular business hours. Haw. Rev. Stat. § 92F-11(b) (1993).
NOTE: this Opinion supercedes the OIP Opinion Letter Number 90-22.