Bill Text: HI SB364 | 2015 | Regular Session | Amended
Bill Title: Elections; Recount; Supreme Court; Contests for Cause
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2015-04-28 - Conference committee meeting to reconvene on 04-30-15 2:00PM in conference room 325. [SB364 Detail]
Download: Hawaii-2015-SB364-Amended.html
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THE SENATE |
S.B. NO. |
364 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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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 be appropriately designated and to read as follows:
"§11- Petition for recount. (a) Notwithstanding any law to the contrary, a petition for the recount of a federal, state, or county contest for election to office shall be conducted pursuant to this section.
(b) A candidate for office may petition the appropriate elections officer for a recount of all ballots cast in the candidate's contest; provided that the number of votes cast that separates the petitioning candidate and the successful candidate is less than five hundred votes or one-quarter of one per cent of all votes cast for the contest, whichever is less.
(c) A petition for recount shall be filed with the office of the appropriate elections officer, not later than 4:30 p.m. on the second day after the election.
(d) Each relevant county clerk's office shall conduct a recount of a contest and report its tabulations to the office of elections in an expeditious manner to enable the chief election officer to certify and release the results no later than the sixth day after the election.
(e) The chief election officer shall certify and release the result of a recounted contest based on the sum of the tabulations received under this section no later than the sixth day after the election.
(f) If in order to conduct a recount pursuant to a petition filed under this section all ballots cast for another contest must also be recounted, then that other contest shall be recounted and the results reported to the office of elections and certified pursuant to subsections (d) and (e).
(g) A candidate who requests a recount pursuant to this section shall be barred from filing a complaint pursuant to part XI of this chapter.
(h) For any complaint filed pursuant to part XI of this chapter, unless barred pursuant to subsection (g), where a recount of the relevant contest had previously been conducted and certified pursuant to this section, the certified results shall be the results for purposes of any hearing on the complaint.
(i) For purposes of this section:
"All votes cast" means all votes cast for candidates for a particular contest and counted pursuant to section 11-151.
"Appropriate elections officer" means the chief election officer for a state election or the relevant county clerk for a county election.
"Successful candidate" means a candidate in a primary election contest who qualifies for the general election ballot or a candidate who is elected to office as a result of an election contest."
SECTION 2. Section 11-172, Hawaii Revised Statutes, is amended to read as follows:
"§11-172 Contests for cause[;
generally]. With respect to any election, any candidate, or qualified
political party directly interested, or any thirty voters of any election
district, may file a complaint in the supreme court. The complaint shall set
forth [any] the cause or causes[, such as but not] for
the contest. Causes shall be limited to[,] provable fraud, [overages,
or underages, that could cause] other unlawful activity, and force
majeure. The complaint shall also contain a statement why the alleged cause or
causes might create a difference in the election [results.] success
of one or more candidates. The complaint shall also set forth any reasons
for reversing, correcting, or changing the decisions of the precinct officials
or the officials at a counting center in an election using the electronic
voting system. A copy of the complaint shall be delivered to the chief
election officer or the clerk in the case of county elections."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2059.
Report Title:
Elections; Recount; Supreme Court; Contests for Cause
Description:
Establishes a process for the recounting of ballots cast in a contest. Authorizes that contests for cause challenging a contest result may also be based upon unlawful activity or force majeure. (SB364 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
