Requires a recount in elections when results between 2 leading candidates is less than 0.5% of the votes cast for each candidate excluding spoiled, over or under, and blank ballots.

A BILL FOR AN ACT

SECTION 1. After the November 1998 election, the Hawaii supreme court was called upon to order a manual ballot recount of precinct one in the forty-fourth house district, in Waianae-Makaha. This recount was necessary because of the very close election result in that race. However, the legislature finds that this process takes too long because, while the election was held in early November 1998, the manual recount could not occur until the middle of January 1999. In the meantime, the final result of the election and the confirmation of the true winner was left uncertain.

Machines are not perfect, and there is a need for automatic recounts of votes when an election results in a very close race.

The purpose of this Act is to require an automatic recount of votes cast under certain conditions, without requiring the intervention of the judiciary.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

"§11- Recount of votes cast for close contests. (a) Notwithstanding any law to the contrary, if, within three days after an election it appears to the chief election officer that the plurality of an elected candidate for an office over the vote for a defeated candidate receiving the next highest number of votes was less than a vote equivalent to one-half of one per cent of the total number of votes cast for the office, excluding spoiled, over or under counts, and blank ballots, the chief election officer shall order a manual recount of votes for that contest, to be conducted within fifteen working days. Before the recount is made, the chief election officer shall give notice in writing to the two leading candidates in that contest of the time and place where that recount is to be made. The two leading candidates in that contest may send two representatives each to be present at that recount. At the completion of the recount, the chief election officer shall announce the officer's findings within twenty-four hours. The chief election officer may adopt rules under chapter 91 to implement this section in a fair, uniform, and impartial manner.

For purposes of this section, "total number of votes cast" means, in the case of multiple openings for the same office, the total number of electors checked as having voted in the State, district, or political subdivision, as the case may be.

(b) Nothing in this section shall preclude the right to judicial proceedings under this chapter."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.