{"data":{"id":"us-hi/haw.-rev.-stat.-414d-104.5","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 414D-104.5","heading":"Action by ballot.","body":"(a) Except as otherwise restricted by the articles of incorporation or bylaws of a corporation, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a ballot to every member entitled to vote on the matter. The corporation may deliver ballots by electronic transmission.\n\n(b) A ballot shall:\n\n(1) Be either in written form or in the form of an electronic transmission;\n\n(2) Set forth each proposed action;\n\n(3) Provide an opportunity to vote for or withhold a vote for each candidate for election as a director or officer; and\n\n(4) Provide an opportunity to vote for or against each proposed action.\n\n(c) Approval by ballot pursuant to this section shall be valid only if:\n\n(1) The number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting to authorize the action; and\n\n(2) The number of affirmative votes equals or exceeds the number of affirmative votes for approval that would be required to approve the action at a meeting.\n\n(d) All solicitations for votes by ballot shall:\n\n(1) Indicate the number of responses needed to meet the quorum requirements;\n\n(2) State the percentage of approvals necessary to approve each action; and\n\n(3) Specify the time by which a ballot shall be received by the corporation in order to be counted.\n\n(e) Except as otherwise provided in the articles of incorporation or bylaws of the corporation, a ballot shall not be revoked.","path":["HI Code","Division 2","Title 23","Chapter 414D"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0414D/HRS_0414D-0104_0005.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"d0ddc7f3d4eac3370bf97e22cc7f400d33e2f50ad194d791971d75e3902f3cce","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-414d-104","next":"us-hi/haw.-rev.-stat.-414d-105"},"notice":"GroundRules: Original legal text. Not legal advice."}