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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1470 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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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. Section 11-108, Hawaii Revised Statutes, is amended to read as follows:
"§11-108 Counting of mail-in ballots; validity;
ballots included in recounts; certification of final tabulation.
(a) Ballot processing for
tabulation may begin no sooner than the eighteenth day before the
election. In the presence of official
observers, counting center employees may open the return identification envelopes
and count the ballots; provided that any tabulation of the number of votes cast
for a candidate or question appearing on the ballot, including a counting
center printout or other disclosure, shall be kept confidential and shall not
be disclosed to the public until after the closing hour of voting or after the
last person in line at a voter service center desiring to vote at the closing hour
of voting has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be
conducted in accordance with procedures established by the chief election
officer.
[(b)
The initial tabulation of ballots shall be completed no later than 6:00
a.m. on the day following an election day.
(c)] (b) Any ballot the validity of which cannot be established
upon receipt shall be retained by the clerk and shall not be commingled with
ballots for which validity has been established until the validity of the ballot
in question can be verified by the clerk.
No ballot shall be included in an initial tabulation until the clerk has
determined its validity. The clerk shall
make reasonable efforts to determine the validity of ballots within seven days
following an election day. No ballot shall be validated beyond the seventh day
following an election.
[(d)] (c) Any initial recount provided by law shall include
only ballots verified and designated by the clerk for the purpose of the
initial tabulation. [In no event
shall a recount of an initial tabulation include ballots the validity of which
could not be verified by 6:00 a.m. on the day following an election day.]
[(e)] (d) No election result shall be certified
pursuant to section 11-155 unless all ballots verified as valid by the clerk
within seven days following an election day have been added to the final
tabulation. Recount of a final
tabulation shall be as provided by law."
SECTION 2. Section 11-158, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11‑158[]] Mandatory recount of votes. (a)
The chief election officer, or the clerk in the case of a county
election, shall conduct a recount of all votes cast for any office or ballot
question in any election if the official tabulation of all of the returns for
that office or question reveals [that the difference in:] the following:
(1) The difference in
the number of votes cast, not including blank or over votes, for a
candidate apparently qualified for the general election ballot or elected to
office and the number of votes cast for the closest apparently defeated opponent[;
or] is equal to or less than one-eighth of one per cent in statewide contest;
(2) The difference
in the number of votes cast, not including blank or over votes, for a candidate
apparently qualified for the general election ballot or elected to office and
the number of votes cast for the closest apparently defeated opponent is equal
to or less than one-eighth of one percent in a countywide contest;
(3) The difference in the number of votes cast, not including blank or over votes, for a candidate apparently qualified for the general election ballot or elected to office and the number of votes cast for the closest apparently defeated opponent is equal to or less than one-fourth of one percent in all other contests; or
[(2)] (4) The difference in the number of
votes cast in the affirmative for the ballot question and the number of votes
cast in the negative for the ballot question, including when applicable, the
tabulation of blank votes[,] and over votes, is equal to or less
than [one hundred votes or one-quarter] one-eighth of one per
cent of the total number of votes cast for the contest[, whichever is
greater].
(b) No candidate shall be charged for the cost of a mandatory recount under this section.
(c)
All mandatory recounts of votes under this section shall be completed
and the results publicly announced no later than [seventy-two hours] five
business days after the closing of polls on election day.
(d) The chief election officer may adopt rules pursuant to chapter 91 for the mandatory recount of votes under this section, including:
(1) Authorizing candidates affected by the recount, or their designated representatives, to attend and witness the recount; and
(2) Notifying the parties described in paragraph (1) of the time and place of the recount no later than one day prior to the date of the recount.
(e) This section shall apply to votes counted pursuant to section 11-151.
(f) A recount conducted pursuant to this section shall not be considered a contest for cause subject to section 11-172."
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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By Request |
Report Title:
Office of Elections Package; Ballots; Tabulation; Recounts
Description:
Repeals deadlines relating to the tabulation of ballots. Amends the circumstances under which mandatory recounts of votes shall occur.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.