Bill Text: HI HB1751 | 2024 | Regular Session | Introduced

Hawaii House Bill 1751

Introduced

Bill Title: Relating To Transparency Of Elections.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-24 - Referred to JHA, FIN, referral sheet 1 [HB1751 Detail]

Download: Hawaii-2024-HB1751-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1751
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to transparency of elections.

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

SECTION 1. The legislature finds that transparency of election records will provide voters with a stronger sense of confidence in the integrity of election processes and results. The purpose of this Act is to ensure the public has access to reconciliation reports following elections and may request election related information through public record requests.

SECTION 2. Section 11-155, Hawaii Revised Statutes, is amended to read as follows:

"§11-155 Certification of results of election. (a) On receipt of certified tabulations from the election officials concerned, the chief election officer in a state election, or county clerk in a county election, shall compile, certify, and release the election results by district and precinct 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 records and resultant overage and underage report;

(3) The audit results of the manual audit team;

(4) The results of any mandatory recount of votes conducted pursuant to section 11-158; and

(5) 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 candidates to be elected who receive the most votes in any election district shall be declared to be elected; provided that candidates for offices elected by ranked-choice voting shall be declared to be elected pursuant to section 11-100. Unless otherwise provided, the term of office shall begin or end as of the close of voter service centers 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.

(b) Within seven days of certification of any election, the office of elections shall post on their website, or another public site used by the state or for posting information:

(1) Ballot images from machine-tabulated elections;

(2) A cast vote record showing the votes recorded for each candidate, race, or measure, in the sequence they were tabulated; and

(3) A statewide election reconciliation report that discloses the following information:

(A) The number of registered voters;

(B) The number of ballots issued;

(D) The number of ballots counted;

(E) The number of ballots rejected;

(F) The number of provisional ballots issued;

(G) The number of provisional ballots received;

(H) The number of provisional ballots counted;

(I) The number of provisional ballots rejected;

(J) The number of overseas and service ballots issued by mail, email, website link, or facsimile;

(K) The number of overseas and service ballots received by mail, email, website link, or facsimile;

(L) The number of overseas and service ballots counted by mail, email, website link, or facsimile;

(M) The number of overseas and service ballots rejected by mail, email, website link, or facsimile;

(N) The number of non-overseas and non-service ballots received by mail, email, website link, or facsimile;

(O) The number of non-overseas and non-service ballots received by email or facsimile;

(P) The number of non-overseas and non-service ballots that were rejected for:

(i) Failing to send an original or hard copy of the ballot by the certification deadline; or

(ii) Any other reason, including the reason for rejection;

(Q) The number of voters credited with voting;

(R) The number of replacement ballots requested;

(S) The number of replacement ballots issued;

(T) The number of replacement ballots received;

(U) The number of replacement ballots counted;

(V) The number of replacement ballots rejected; and

(W) Any other information the chief officer of elections deems necessary to reconcile the number of ballots counted with the number of voters credited with voting, and to maintain an audit trail.

(c) Within seven days of certification of any election, the office of elections or city or county clerk shall make available in electronic format upon public records request the following:

(1) All ballot scanned batch reports, batch detail reports;

(2) All system and audit logs from the elections equipment, including the election management systems, scanners, and automated signature verification equipment;

(3) Any other reports produced by the election management system which may be called by a different name and is required to audit the elections equipment; and

(4) Chain of custody documents for ballot pickup from ballot collection places of deposit and delivery to elections facilities, ballot deliveries from ballot printing facilities to USPS facilities, ballot pickup from USPS to elections facilities, ballot pickups from voting centers to counting facilities, and any other chain of custody documentation required to maintain an audit trail."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

Report Title:

Minority Caucus Package; Elections; Reporting; Public Records

Description:

Requires election information to be publicly available either through website access or public records request.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.