Report Title:

Vote recount

 

Description:

Provides for an automatic recount of votes where the margin of victory is less than one percent.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1122

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AUTOMATIC VOTE RECOUNT.

 

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

SECTION 1. The legislature finds that election contests litigated before the State Supreme Court are expensive, time consuming, and inefficient. This process also disenfranchises the voters of a district whose election contest is subject to litigation as confirmation of an elected official cannot take place until the litigation and manual recount are completed.

The nature of a fair and open multiparty democracy is such that differing positions on important issues will result in election contests where the margin of victory is close. Yet there must be an efficient process in place by which doubts over the accuracy of a vote count may be resolved.

We know from experience that machines are imperfect, the directions given to voters at each precinct may differ and be imperfect as well, as well as a host of other reasons that serve to remind us that no process is perfect. What we as legislators can do is strive to improve the process and restore the public confidence and faith in the electoral process and our form of government. The purpose of this Act is to require an automatic recount and audit 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 and audit of votes cast for close contests. (a) Notwithstanding any law to the contrary, if, within three days after an election, the chief election officer determines 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 per cent of the total number of votes cast for the office, the chief election officer shall order a manual recount and audit of votes for that contest, to be conducted within ten 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 the total number of votes cast in the State, district, or political subdivision, as the case may be, and includes spoiled votes, over votes, under votes, and blank ballots.

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

SECTION 3. Section 11-155, Hawaii Revised Statues, is amended to read as follows:

"§11-155 Certification of results of election. On receipt of certified tabulations from the elections 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[.]; provided that an election won by a narrow margin of one percent or less of the votes cast in the election in question shall not be certified until after a manual recount and audit is completed pursuant to §11- . The certification shall be based on a comparison and reconciliation of the following:

(1) The results of the canvas 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) All logs, tally sheets, and other documents generated during the election and in the canvas 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 4. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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