Report Title:

Elections; Recount of Votes

Description:

Requires an automatic recount for races in which the difference between the winner and the second-highest vote-getter is less than one-half of one percent or less of the total number of votes cast; requires an automatic recount for questions appearing on the ballot that were approved or rejected by one-half of a percent or less of the total number of votes cast.

THE SENATE

S.B. NO.

2191

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to elections.

 

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

SECTION 1. The Legislature finds that it is in the public interest to determine the winner of close contests for elective offices as expeditiously and as accurately as possible. The purpose of this Act is to provide procedures that promote the prompt and accurate recounting of votes for elective offices and to provide closure to the recount process.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§11-   Recount of votes cast for close contests. (a) Not withstanding any law to the contrary, if, upon receipt of certified tabulations from the election officials concerned, the chief elections officer or county clerk in county elections determines that a candidate for any office was defeated or eliminated by one-half of a percent or less of the votes cast for such office, or that a measure appearing on the ballot was approved or rejected by one-half of a percent or less of the votes cast on such measure, the chief elections officer shall order a recount of the votes cast with respect to such office or measure. A recount need not be ordered with respect to the returns for any office if the candidate or candidates defeated or eliminated from contention for such office by one-half percent or less of the votes cast for such office request in writing to the office of the state elections officer that a recount not be made.

(b)If the recount conducted pursuant to subsection (a) of this section indicates that a candidate for any office was defeated or eliminated by one-quarter of a percent or less of the votes cast for such office, or that a measure appearing on the ballot was approved or rejected by one-quarter of a percent or less of the votes cast on such measure, the chief elections officer shall order a manual recount of the votes cast in the entire geographic jurisdiction of such office or ballot measure.

(c)The two leading candidates in the election contest in question 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 shall adopt rules under chapter 91 to implement this section in a fair, uniform, and impartial manner.

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

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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