Bill Text: HI HB1035 | 2015 | Regular Session | Introduced
Bill Title: Elections; Automatic Recounts by Hand
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-29 - Referred to JUD, FIN, referral sheet 5 [HB1035 Detail]
Download: Hawaii-2015-HB1035-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1035 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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- Automatic recount by hand of general election votes. (a) For each contest or question on the ballot at a general election, the chief election officer shall conduct a hand count of votes for comparison against the unofficial tally of votes for those ballots in accordance with the following procedure:
(1) If the unofficial tally of votes reveals that the margin of victory between the two candidates receiving the largest number of votes in a contest, or between the positions on a question on the ballot, is less than one per cent of the total votes cast for the contest or question, a hand count of the votes cast for the contest or question shall be conducted in at least ten per cent of all pertinent precincts or ballots;
(2) If the unofficial tally of votes reveals that the margin of victory between the two candidates receiving the largest number of votes in a contest, or between the positions on a question on the ballot, is greater than or equal to one per cent but less than two per cent of the total votes cast for the contest or question, a hand count of the votes cast for the contest or question shall be conducted in at least five per cent of all pertinent precincts or ballots; and
(3) If the unofficial tally of votes reveals that the margin of victory between the two candidates receiving the largest number of votes in a contest, or between the positions on a question on the ballot, is greater than or equal to two per cent of the total votes cast for the contest or question, a hand count of the votes cast for the contest or question shall be conducted in at least three per cent of all pertinent precincts or ballots.
(b) The chief election officer shall select at random the precincts for the hand count of votes pursuant to this section; provided that at the general election, no fewer than ballots shall have been cast in at least one of the precincts selected.
(c) The chief election officer may delegate the chief election officer's responsibilities under this section to the pertinent county clerk in accordance with section 11-2; provided that not later than 5:00 p.m. of the third business day after the date of the general election, the chief election officer shall advise the county clerk in writing of:
(1) Any contests or questions for which votes are to be hand counted; and
(2) The precincts in which votes are to be hand counted.
(d) All hand counts prescribed by this section shall be completed and the results made publicly available on the office of elections' website no later than 4:30 p.m. on the fifteenth day after the election.
(e) The chief election officer shall conduct a comparison of the unofficial tally of votes for a contest or question with the tally of votes produced by the hand count prescribed by this section as follows:
(1) If a hand count conducted under this section results in a tally of votes for a contest or question that is different from the unofficial tally of votes for the contest or question, and the difference in votes is equal to or less than one-half of one per cent, the chief election officer shall apply the unofficial tally of votes in the certification of election results under section 11-155;
(2) If a hand count conducted under this section results in a tally of votes for a contest or question that is different from the unofficial tally of votes for the contest or question, and the difference in votes is greater than one-half of one per cent, the chief election officer shall conduct a second hand count of the same votes;
(3) If the second hand count conducted under paragraph (2) results in a tally of votes for a contest or question that is different from the unofficial tally of votes for the contest or question, and the difference in votes is equal to or less than one-half of one percent, the chief election officer shall apply the unofficial tally of votes in the certification of election results under section 11-155; and
(4) If the second hand count conducted under paragraph (2) results in a tally of votes for a contest or question that is different from the unofficial tally of votes for the contest or question, and the difference in votes is greater than one-half of one percent, the chief election officer shall conduct a hand count of all votes cast for the contest or question and apply the resulting tally of votes in the certification of election results under section 11-155.
(g) For purposes of conducting hand counts as may be delegated pursuant to subsection (c), the county clerk shall:
(1) Retain custody of the ballots; and
(2) Provide for security for the ballots and the information required to be collected under this subsection.
(h) For the purposes of this section, "unofficial tally of votes" means the final tally of votes cast for a contest or question on a ballot prior to:
(1) The conduct of any hand count of those votes pursuant to this section; and
(2) The certification of election results pursuant to section 11-155."
SECTION 2. Section 11-155, Hawaii Revised Statutes, is amended to read as follows:
"§11-155 Certification of results of election. On receipt of certified tabulations from the election 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. The certification shall be based on a comparison and reconciliation of the following:
(1) The results of the canvass 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) For general elections, the results of the hand count of ballots conducted pursuant to section 11- ; and
[(5)] (6) All logs, tally sheets, and
other documents generated during the election and in the canvass 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 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Automatic Recounts by Hand
Description:
Requires automatic recounts by hand of general election votes, the scope of which depends on the margin of victory.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
