Bill Text: HI HB1754 | 2024 | Regular Session | Introduced
Bill Title: Relating To Election Ballots.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-01-24 - Referred to JHA, FIN, referral sheet 1 [HB1754 Detail]
Download: Hawaii-2024-HB1754-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1754 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to election ballots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii allows for the use of ballot images instead of physical ballots in the post-election pre-certification audit process. The purpose of this Act is to comply with best practices by requiring that physical ballots be used in election audits.
SECTION 2. Section 16-42, Hawaii Revised Statutes, is amended to read as follows:
"§16-42 Electronic voting
requirements. (a) When used at primary or special primary
elections, the automatic tabulating equipment of the electronic voting system
shall count only votes for the candidates of one party, or nonpartisans. In all elections, the equipment shall reject
all votes for an office when the number of votes [therefor] therefore
exceeds the number that the voter is entitled to cast.
No electronic voting system shall be used in any election unless it generates a paper ballot or voter verifiable paper audit trail that may be inspected and corrected by the voter before the vote is cast, and unless every paper ballot or voter verifiable paper audit trail is retained as the definitive record of the vote cast.
(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 in those
precincts equal hand tallies of the original physical paper ballots [generated
by the system] 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
Minority
Caucus Package; Ballots; Elections; Audits
Description:
Requires that post-election pre-certification audits rely on physical ballots.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
