HOUSE OF REPRESENTATIVES	H.C.R. NO.	267
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE OFFICE OF ELECTIONS TO PROVIDE AN INFORMATIONAL BRIEFING AND DEMONSTRATION TO THE APPROPRIATE SENATE AND HOUSE COMMITTEES REGARDING THE OPERATION AND USE OF NEW ELECTRONIC VOTING SYSTEMS AND TO PROVIDE INFORMATION PRIOR TO CONTRACTING TO PURCHASE ANY NEW VOTING SOFTWARE OR EQUIPMENT RELATED TO ANY NEW VOTING SYSTEM.

     WHEREAS, the American system of representative democracy relies on an engaged citizenry and the accurate representation of its people; and

     WHEREAS, all elections should be fair and open, and that means that all eligible voters should be allowed to cast their ballot and have their ballot be counted; and

     WHEREAS, the State, over the past decade, has gone from punch-card voting machines to paper ballots with electronic readers; and

     WHEREAS, electronic voting machines were used successfully by handicapped voters in the 2004 and 2006 elections; and

     WHEREAS, the key complaint with the electronic voting system is that the system does not provide a reliable way to audit the results to check whether the tallies accurately reflect the votes cast; and

     WHEREAS, several nongovernmental election observers questioned the use of this technology in Hawaii since the previous voting system allowed for the ballots to be manually recounted; and

     WHEREAS, the State Chief Elections Officer stated there is a system that allows the Office of Elections to provide an audit even though there will be no paper ballot generated for each electronically cast ballot; and

     WHEREAS, some election software experts and observers questioned the reliability of the electronically stored ballots claiming the data stored could be flawed by a computer virus or bug and still result in a satisfactory audit; and

     WHEREAS, with the upcoming 2008 primary and general elections, where the voters may be divided, it is prudent, in a state like Hawaii, to have a voting system that is dependable and accurate; and

     WHEREAS, the Office of Elections may be looking to purchase new electronic voting system software and equipment that will be used and relied upon in future elections; and

     WHEREAS, the Legislature has become aware of information that the costs of such new systems and equipment for a multi-year contract and commitment may be nearly $53,000,000; and

     WHEREAS, there is insufficient information at this time to confirm whether the funding for this amount is reasonable or that it will be provided by all necessary sources, including federal, state, and county funds, and whether the proper procedures and certifications required under Sections 103D-309 and Section 103-9, Hawaii Revised Statutes, were correctly and completely adhered to and completed, or in some instances abridged; and

     WHEREAS, the Office of Elections has indicated that the contract, when awarded, will provide for a mechanism whereby the contract can be cancelled if future funding amounts are not appropriated or otherwise made available, although it may be more reasonable and prudent for the Legislature that any such potential commitment or investment be properly reviewed and verified as appropriate; and

     WHEREAS, the Legislature requests the opportunity to investigate, review, and approve any proposed changes and contract purchases relating to the electronic voting systems; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Office of Elections is requested to hold an informational briefing and demonstration as soon as practicable, but prior to November 4, 2008, regarding the operation and use of the new electronic voting systems to the appropriate Senate and House of Representatives committees; and

     BE IT FURTHER RESOLVED that the Office of Elections is requested to provide information as to the prior and future funding amounts relating to systems and equipment, and the sources or proposed sources of such funds, and to provide justification that all future appropriations are reasonable and necessary; and

     BE IT FURTHER RESOLVED that the Office of Elections provide answers to any questions or information prior to the purchase of any new technology or equipment related to the electronic voting systems; and

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chief Elections Officer of the Office of Elections.

Report Title: 

Requesting Office of Elections for information on voting system.