THE SENATE                           S.C.R. NO.            31
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THAT A THOROUGH MANUAL RECOUNT OF THE 1998 GENERAL
    ELECTION RESULTS TAKE PLACE. 


 1        WHEREAS, the public confidence and trust in the voting
 2   process and the equality of each person's vote are the
 3   cornerstone of our democratic system; and
 4   
 5        WHEREAS, serious questions and concerns have been raised
 6   in regards to the integrity of the election process in the 1998
 7   primary and general elections; and
 8   
 9        WHEREAS, a decision to change the voting methodology was
10   made approximately two months prior to the primary election;
11   and
12   
13        WHEREAS, Democratic Party of Hawaii v. Elections Office of
14   the State of Hawaii, Supreme Court (Hawaii) No. 22069
15   (January 19, 1999), has revealed disturbing facts concerning
16   the election process and the electronic tally system utilized
17   in the primary and general elections; and
18   
19        WHEREAS, statements were made during the course of the
20   case and the subsequent Court ordered manual vote counting that
21   contradict each other; and
22   
23        WHEREAS, the electronic tally result of the November 3,
24   1998, general election for state representative in the 44th
25   State House District was tested against a court-ordered manual
26   tally conducted by an audit team; and
27   
28        WHEREAS, the court-ordered a manual count of the general
29   election result of a single precinct (Precinct 1) in District
30   44, by the Office of Elections' Manual Audit Team, produced an
31   overvote result of 7, that varied significantly from the 157
32   overvotes generated by the electronic tally machine; and
33   
34        WHEREAS, Election Systems and Software, a private company
35   contracted by the Office of Elections, was not able to
36   specifically determine the cause of the machine malfunction;
37   and
38   

 
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 1        WHEREAS, although the integrity of the 1998 primary
 2   election may also be in question, Election Systems and Software
 3   has offered to perform a manual recount at their expense of the
 4   1998 general election; and
 5   
 6        WHEREAS, a request for a manual recount of the 1998
 7   primary election may be made if substantial and unexplained
 8   discrepancies are revealed by the manual recount of the 1998
 9   general election; now, therefore,
10   
11        BE IT RESOLVED by the Senate of the Twentieth Legislature
12   of the State of Hawaii, Regular Session of 1999, the House of
13   Representatives concurring, that Election Systems and Software
14   with the assistance of the Office of Elections complete a
15   thorough manual recount of all ballots cast for the 1998
16   general election and submit a report on its findings to the
17   Legislature; and
18   
19        BE IT FURTHER RESOLVED that the recount be conducted in
20   the presence of official observers and in accordance with
21   Section 16-45, Hawaii Revised Statutes; and
22   
23        BE IT FURTHER RESOLVED that the report include:
24   
25        (1)  An explanation of how voting machine malfunctions
26             occurred;
27   
28        (2)  The extent to which the malfunctions occurred;
29   
30        (3)  How election results were impacted as a result of the
31             malfunctions; and
32   
33        (4)  How future occurrences of malfunctions may be
34             eliminated;
35   
36   and
37   
38        BE IT FURTHER RESOLVED that Election Systems and Software
39   be responsible for all costs incurred for conducting the manual
40   recount and any related costs associated with the information
41   requested under this measure; and
42   

 
 
 
 
 
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                                  S.C.R. NO.            31
                                                        
                                                        

 
 1        BE IT FURTHER RESOLVED that the report on the results of
 2   the recount and the additional information requested in this
 3   measure be submitted to the Legislature not later than
 4   March 31, 1999; and
 5   
 6        BE IT FURTHER RESOLVED that certified copies of this
 7   Concurrent Resolution be transmitted to the Governor of the
 8   State of Hawaii, the Lieutenant Governor of the State of
 9   Hawaii, the Attorney General, the Chief Election Officer of the
10   State of Hawaii Office of Elections, and the President and
11   local company representative of Election Systems and Software.
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