THE SENATE	S.B. NO.	2334
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to election audits.

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

SECTION 1. The legislature finds that existing law requires the chief election officer, as a condition of using an electronic voting system to create an electronic tally of ballots, to audit the vote counts in ten per cent of the precincts where an electronic voting system was used and select the precincts to audit at random. The legislature also finds that the language of existing law is ambiguous as to whether the chief election officer must audit all the elections in those precincts, or whether it is acceptable for the chief election officer to audit only a single election in those precincts.

Accordingly, the purpose of this Act is to clarify that the chief election officer must audit all elections in the randomly selected precincts as a condition of using an electronic voting system to create an electronic tally of ballots.

SECTION 2. Section 16-42, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The chief election officer may rely on electronic tallies created directly by electronic voting systems, in lieu of counting the paper ballots by hand or with a mechanical tabulation system if:

(1) The electronic voting system is subject to inspection, audit, and experimental testing, by qualified observers, before and after the election, pursuant to administrative rules adopted by the chief election officer under chapter 91;

(2) No upgrades, patches, fixes, or alterations shall be applied to the system through thirty days after the election;

(3) The chief election officer conducts a post-election, pre-certification audit of a random sample of not less than ten per cent of the precincts employing the electronic voting system, to verify that the electronic tallies generated by the system for all elections in those precincts equal hand tallies of the paper ballots generated by the system for all elections in those precincts; and

(4) If discrepancies appear in the pre-certification audits in paragraph (3), the chief election officer, pursuant to administrative rules, shall immediately conduct an expanded audit to determine the extent of misreporting in the system."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Chief Election Officer; Election Audits; Electronic Voting System; Electronic Tally of Ballots

Description:

Clarifies that the chief election officer must audit all elections in the randomly selected precincts as a condition of using an electronic voting system to create an electronic tally of ballots.

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