My guess is that Letters of Verification in Lieu of Certified Copies are issued to persons who don’t qualify under HRS 338-18 for receiving a copy of the birth certificate but whose official position (such as a state Secretary of State) allows them to demonstrate a “direct and tangible interest” in receiving such a letter. Hawaii statutes give the Director of Health discretion in determining who can receive a Letter of Verification.
Janice Okubo was the Communications Director for the Department of Health. She was not directly connected to the Registrar of Vital Statistics’ office and she may not have been familiar with every statute related to the release of vital statistics.
Section 338-18 determines who can get a Letter of Verification:
§338-18 Disclosure of records. (g) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
(1) A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;
(2) A governmental agency that, for a legitimate government purpose, maintains and needs to update official lists of persons in the ordinary course of the agency’s activities. Notwithstanding other provisions of this section, upon request from a governmental agency of the State of Hawaii or its political subdivisions, the department may further disclose to that governmental agency the date of the vital event that has been verified;
(3) A governmental agency, or private, social, or educational agency or organization that seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;
(4) A private or government attorney who seeks to confirm information about a vital event relating to any such record that was acquired during the course of or for purposes of legal proceedings; or
(5) An individual employed, endorsed, or sponsored by a governmental agency, or private, social, or educational agency or organization who seeks to confirm information about a vital event relating to preparation of reports or publications by the agency or organization for research or educational purposes.
SoS Bennett first had to convince the DOH that he met item (2) as he was preparing a list of candidates as part of his normal duties.
The MDEC used (4) to get a copy for the Federal Court in Mississippi.
BTW, under (4) Taitz could have gotten a LOV for the Georgia case, Apuzzo could have gotten one for the New Jersey case and Klayman could have gotten one for both the Florida cases and the Alabama case. Of course if they did submit a LOV it would have killed their cases dead but still they could have gotten one under the Hawaiian law.