HB1073

SECTION 1. 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- Recounts of votes. (a) The chief election officer, or the county clerk in the case of county elections, shall conduct a recount of all votes cast for any office at any election if the official canvass of all of the returns for that office reveals that the difference in the number of votes cast for a candidate apparently qualified for the general election ballot or elected to office and the number of votes cast for the closest apparently defeated opponent is one-half per cent or less of the total number of votes cast for the candidate apparently qualified for the general election ballot or elected to office. A mandatory recount under this subsection shall be conducted using the same procedures as the initial count of the vote.

(b) All mandatory recounts of votes under subsection (a) shall be completed and the results publicly announced no later than on the day following the election.

(c) If a mandatory recount of votes conducted under subsection (a) shows a different result from the initial result, the closest apparently defeated opponent, within days of the completion of the recount results, may request the chief election officer, or the county clerk in the case of county elections, to conduct a recount by hand of all votes cast for the office in contest.

(d) All hand recounts of votes under subsection (c) shall be completed and the results publicly announced no later than on the day following the election.

(e) No cost of any recount under this section may be charged to any candidate.

(f) The chief election officer shall adopt rules pursuant to chapter 91 for the recount of votes under this section; provided that the rules, at a minimum, shall:

(1) Authorize candidates affected by any recount, or their designated representatives, to attend and witness the recount; and

(2) Require notification of the parties described in paragraph (1) of the time and place of the recount no later than one day prior to the date of the recount."

SECTION 2. Section 11-155, Hawaii Revised Statutes, is amended to read as follows:

"§11-155 Certification of results of election. On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following:

(1) The results of the canvass of ballots conducted pursuant to chapter 16;

(2) The audit of pollbooks (and related record books) and resultant overage and underage report;

(3) The audit results of the manual audit team;

(4) The results of the absentee ballot reconciliation report compiled by the clerks; [~~and~~]

(5) The results of any mandatory recount of votes conducted pursuant to section 11- (a);

(6) The results of any hand recount of votes conducted pursuant to section 11- (c); and

[~~(5)~~] (7) All logs, tally sheets, and other documents generated during the election and in the canvass of the election results.

A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11-156; provided that in the event of an overage or underage, a list of all precincts in which an overage or underage occurred shall be attached to the certificate. The number of candidates to be elected receiving the highest number of votes in any election district shall be declared to be elected. Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day. The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11-156."

SECTION 3. Section 11-173.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election, the complaint shall be filed in the office of the clerk of the supreme court not later than 4:30 p.m. on the sixth day after a primary or special primary election, or county election contests held concurrently with a regularly scheduled primary or special primary election, and shall be accompanied by a deposit for costs of court as established by rules of the supreme court[.]; provided that, notwithstanding the foregoing, a complaint pertaining to votes subject to a recount pursuant to section 11‑ shall be filed no later than 4:30 p.m. on the fifth day after the public announcement of the results of the recount pursuant to section 11- . The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court not later than 4:30 p.m. on the fifth day after service thereof."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1073
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII