REPORT TITLE:
Vote counting and audit


DESCRIPTION:
This bill requires a recount and audit in elections when result
between top 2 leading candidates is less than 1% of the votes
cast for each candidate excluding spoiled, over or under, and
blank ballots.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1819 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ELECTIONS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that election contests
 
 2 litigated before the State Supreme Court is expensive, time
 
 3 consuming, and inefficient.  This process also disenfranchises
 
 4 the voters of a district whose election contest is subject to
 
 5 litigation as confirmation of an elected official cannot take
 
 6 place until the litigation and manual recount are completed.
 
 7      The nature of a fair and open multiparty democracy is such
 
 8 that differing positions on important issues will result in
 
 9 election contests where the margin of victory is close.  Yet
 
10 there must also be a more efficient process in place by which
 
11 doubts over the accuracy of a vote count may be resolved.
 
12      We know from experience that machines are imperfect, the
 
13 directions given to voters at each precinct may differ and be
 
14 imperfect as well, as well as a host of other reasons that serve
 
15 to remind us that no process is perfect.  What we as legislators
 
16 can do is strive to improve the process and restore the public
 
17 confidence and faith in the electoral process and our form of
 
18 government.  The purpose of this Act is to require an automatic
 
19 recount and audit of votes cast under certain conditions, without
 

 
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 1 requiring the intervention of the judiciary.
 
 2      SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended
 
 3 by adding a new section to part X to be appropriately designated
 
 4 and to read as follows:
 
 5      "§11-    Recount and audit of votes cast for close contests.
 
 6 (a)  Notwithstanding any law to the contrary, if, within three
 
 7 days after an election, the chief election officer determines
 
 8 that the plurality of an elected candidate for an office over the
 
 9 vote for a defeated candidate receiving the next highest number
 
10 of votes was less than a vote equivalent to one per cent of the
 
11 total number of votes cast for the office, excluding spoiled,
 
12 over or under counts, and blank ballots, the chief election
 
13 officer shall order a manual recount and audit of votes for that
 
14 contest, to be conducted within ten working days.  Before the
 
15 recount is made, the chief election officer shall give notice in
 
16 writing to the two leading candidates in that contest of the time
 
17 and place where that recount is to be made.  The two leading
 
18 candidates in that contest may send two representatives each to
 
19 be present at that recount.  At the completion of the recount,
 
20 the chief election officer shall announce the officer's findings
 
21 within twenty-four hours.  The chief election officer may adopt
 
22 rules under chapter 91 to implement this section in a fair,
 

 
 
 
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 1 uniform, and impartial manner.  For purposes of this section,
 
 2 "total number of votes cast" means in the case of multiple
 
 3 openings for the same office, the total number of electors
 
 4 checked as having voted in the State, district, or political
 
 5 subdivision, as the case may be.
 
 6      (b)  Nothing in this section shall preclude the right to
 
 7 judicial proceedings under this chapter."
 
 8      SECTION 3.  Section 11-155, Hawaii Revised Statues, is
 
 9 amended to read as follows:
 
10      "§11-155 Certification of results of election. On receipt of
 
11 certified tabulations from the elections officials concerned, the
 
12 chief election officer or county clerk in county elections shall
 
13 compile, certify, and release the election results after the
 
14 expiration of the time for bringing an election contest[.];
 
15 provided that an election won by a narrow margin of one percent
 
16 or less of the votes cast in the election in question shall not
 
17 be certified until after a manual recount and audit is completed
 
18 pursuant to §11-     .  The certification shall be based on a
 
19 comparison and reconciliation of the following:
 
20           (1)  The results of the canvas of ballots conducted
 
21                pursuant to chapter 16;
 
22           (2)  The audit of pollbooks (and related record books)
 
23                and resultant overage and underage report;
 

 
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 1           (3)  The audit results of the manual audit team;
 
 2           (4)  The results of the absentee ballot reconciliation
 
 3                report compiled by the clerks; and
 
 4           (5)  All logs, tally sheets, and other documents
 
 5                generated during the election and in the canvas of
 
 6                the election results.
 
 7 A certificate of election or a certificate of results declaring
 
 8 the results of the election as of election day shall be issued
 
 9 pursuant to section 11-156; provided that in the event of an
 
10 overage or underage, a list of all precincts in which an overage
 
11 or underage occurred shall be attached to the certificate.  The
 
12 number of candidates to be elected receiving the highest number
 
13 of votes in any election district shall be declared to be
 
14 elected.  Unless otherwise provided, the term of office shall
 
15 begin or end as of the close of polls on election day.  the
 
16 position on the question receiving the appropriate majority of
 
17 the votes cast shall be reflected in a certificate of results
 
18 issued pursuant to section 11-156."
 
19      SECTION 4.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 5.  This Act shall take effect upon its approval.
 
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