Hawaii's Elections Commission Blocks 2024 Election Inspection Despite 22 Years of HAVA Non-Compliance

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By Joe HoftMarch 28, 2026

Hawaiʻi Elections Commission releases opinion blocking inspection of election records; report finds lack of chain-of-custody documentation and orders update to 22-year-old non-compliant HAVA plan

The Hawaiʻi Elections Commission voted at its most recent meeting to release a written opinion from a Deputy Attorney General stating that election records related to the 2024 General Election cannot be unsealed for inspection during the federally mandated 22-month retention period. Commissioners said the opinion effectively prevents the Commission from examining ballot envelopes and other disputed records while they are being preserved.

Here is ruling:

Election Commission Advice Memo for Hawaii by Joe Ho

Following discussion of the opinion, the Commission voted to request a written legal opinion directly from Attorney General Anne Lopez clarifying whether the Elections Commission, the Chief Elections Officer, or other authorized officials may inspect election records during the 22-month preservation period.

During the meeting, Commissioners Andrion, Apana, and Sabas also released a report raising serious concerns about gaps in ballot chain-of-custody documentation. The report questions whether existing records adequately document the physical movement and accounting of ballot envelopes and highlights the absence of a verifiable physical inventory to reconcile the ballots counted with the envelopes collected.

Chain of Custody PIG Report Hawaii by Joe Ho

The Commission also addressed a complaint filed by election integrity advocate Peter Bernegger regarding the State of Hawaiʻi’s Help America Vote Act (HAVA) state plan. Commissioners were informed that the plan has not been updated in approximately 22 years and is not in compliance with current federal requirements.

After discussion, the Commission voted to direct Chief Elections Officer Scott Nago to prepare and submit an amended HAVA state plan that fully complies with current federal requirements within 60 days. Commissioners acknowledged the deficiency but did not take action to hold the Chief Elections Officer accountable for the lack of updates to the plan over the past two decades.

The actions come as the Commission continues to review issues related to ballot accounting, chain-of-custody documentation, and oversight of the 2024 General Election.