Report Title:

Elections; Recount

 

Description:

Provides for a recount ordered by the supreme court if differences between winning and losing candidate is less than a certain portion of 1% depending on the office.

 

THE SENATE

S.B. NO.

1432

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ELECTION RECOUNTS.

 

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

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part XI to be appropriately designated and to read as follows:

"§11- Contests for small vote differences. (a) In a general or special election, an election contest for cause may be filed as set forth in section 11-172, if the difference in the votes cast for winning and losing candidates for an office eligible to be voted on by one-third of the voters of the entire State is one-eighth of one per cent or less of the total ballots cast for the office, or in the case of votes cast for the candidates for any other state or county office, the difference in the votes cast for the winning and losing candidates is one-fourth of one per cent or less of the total ballots cast for that office. The supreme court, upon filing of a complaint, may order a recount of a part of the ballots cast as agreed upon by the candidates involved or upon the absence of the agreement, then all of the ballots cast for the office where the contest exists.

(b) In the case where several candidates are to be elected to an office with more than one seat, and the percentage differential contained in subsection (a) appears between the votes received by the lowest among the winning candidates and those received by the highest among the losing candidates, the supreme court may order a recount of the questioned ballots. The lowest and highest among the winning and losing candidates may include more than one candidate; provided that they are within the difference mentioned in subsection (a)."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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