Bill Text: HI HB2444 | 2018 | Regular Session | Introduced
Bill Title: Relating To Elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-29 - Referred to JUD, FIN, referral sheet 9 [HB2444 Detail]
Download: Hawaii-2018-HB2444-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2444 |
TWENTY-NINTH LEGISLATURE, 2018 |
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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. The legislature finds that the current plurality voting method allows a candidate to win an election with less than a majority of votes when there are more than two candidates for the office. In elections with many candidates, the plurality method may result in winners who received small percentages of votes or who are not the most favored among the voters. For these winners, this may raise concerns about a lack of public support and confidence and may therefore undermine the ability of those elected to govern effectively.
Instant runoff voting is an election method that allows voters the option to rank candidates as the voter's first, second, and subsequent choices. Votes are then tabulated so that if no candidate receives a majority of votes, the candidate with the least number of votes is eliminated and the votes for the eliminated candidate are automatically transferred to those voters' second choice candidate, as if the votes were cast in a traditional election runoff.
Instant runoff voting assures that elected officials have the support of a majority of voters because it allows voters to indicate their preferences among more than one candidate. Instant runoff voting allows all voters to vote for their favorite candidate without fear of helping to elect their least favorite candidate.
The legislature further finds that instant runoff voting has been used effectively around the world, including in Ireland for presidential elections, Australia for parliamentary elections, and London for mayoral elections. Instant runoff voting is used by numerous local governments in the United States, including San Francisco, Oakland, and Berkeley, California; Telluride, Colorado; Portland, Maine; Minneapolis and St. Paul, Minnesota; and Memphis, Tennessee.
Finally, the legislature finds that Hawaii's voting systems, including optical scanners, can process instant runoff voting with little or no difficulty.
The purpose of this Act is to require the use of the instant runoff voting method for elections for elective office.
SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding three new sections to part X to be appropriately designated and to read as follows:
"§11-A Instant runoff voting method; procedure
for counting votes. (a) To determine the winners in an election
conducted by the instant runoff voting method, election officials shall
initially count the ballots according to the first choice marked on each
ballot. If at the end of the initial
count, one candidate receives a majority of the votes cast, that candidate
shall be declared the winner for that office.
(b) If at the end of the initial count, no
candidate receives a majority of the first choice votes cast, the chief
election officer or the county clerk, as the case may be, shall declare that no
candidate has received a majority of first choice votes and that the candidate
with the fewest first choice votes and candidates receiving fewer than one per
cent of the first choice votes, if any, are deemed defeated.
The chief executive election
officer or the county clerk, as the case may be, shall transfer the first
choice votes for the defeated candidate or candidates to the candidates who
received the next highest ranking on each ballot containing first choice votes
for the defeated candidate or candidates and shall count the votes of each
remaining candidate as revised by the transferred votes. If after the first round of transferring
votes, no candidate has received a majority of votes cast for the office, the
process of eliminating candidates, transferring votes, including previously
transferred votes, to candidates still in the race, and tabulating revised
results shall continue until one candidate receives a majority of the votes
cast. If after the fourth round of
tabulation, no candidate has received a majority of the votes cast, then the
candidate with the most first choice votes following the fourth round of
tabulation shall be declared the winner, regardless of whether that candidate
has received a majority of the votes cast.
Blank and spoiled votes shall not be tabulated.
(c) Once a winner has been declared pursuant to
subsection (b), a certificate of election declaring the results shall be issued
pursuant to section 11-156.
§11-B Instant
runoff voting method; generally. (a) Once a ballot in an election using the instant
runoff voting method has no more available choices ranked on it, the ballot
shall be deemed exhausted.
(b) If a ballot in an election using the instant
runoff voting method skips a ranked choice, the ballot shall be deemed
exhausted. A ballot that gives two or
more candidates the same ranking shall be deemed exhausted when that ranking is
reached unless only one of the candidates so ranked is still in the race when
the vote is due to be transferred to that ranked choice.
(c) If a tie between candidates occurs at any stage in the tabulation, the tie shall be resolved against the candidate who received the least number of combined first choice votes and transferred votes at the previous stage of tabulation. In the case of a tie to which a previous stage does not apply, or where the previous stage was also a tie, the tie shall be resolved by drawing lots. However, if a tie occurs when there are only two candidates remaining, the tie shall be resolved as set forth in section 11‑157.
§11-C Instant runoff voting method; application. (a)
The instant runoff voting method shall be used in all contests for elective
office.
If the instant runoff voting
method is used in a special election, the special election shall consist of
only one election contest and no subsequent separate runoff election shall be
held.
(b) The election proclamation required pursuant to
section 11-91 shall state that votes will be cast and tabulated using the
instant runoff voting method and provide an explanation of the procedures for
instant runoff voting.
(c) For purposes of this section, the chief election officer shall adopt rules under chapter 91 to provide for the use of mechanical, electronic, or other means devised for marking, sorting, and counting the ballots and tabulating and transferring the votes in an election using the instant runoff voting method; provided that no rule shall alter the intent or principles embodied in the instant runoff voting method described in this part.
(d) Ballots for use in an instant runoff election
shall be simple and easy to understand and shall allow a voter to rank each
candidate for an office in order of preference, up to four places. Prior to finalization and printing, sample
ballots shall be made available for at least seven days on the applicable
county's elections or comparable website and at the office of elections'
website for public review and comment.
Instructions on the ballot shall
include the following statement: "You
may mark as many or as few alternate choices as you wish. Marking a second choice cannot help defeat
your first choice. Marking a subsequent
choice cannot help defeat your higher-ranked choices."
Sample ballots illustrating the
procedures for instant runoff voting shall be posted in or near the voting booth,
included in the instruction materials for absentee ballots, and posted on the
office of elections' website. The office
of elections shall distribute educational materials explaining instant runoff
voting prior to the election."
SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Instant runoff voting
method" means a method of casting and tabulating votes that tabulates a
single vote for each voter but simulates the ballot counts that would occur if
all voters participated in a series of runoff elections, whereby voters are
allowed to rank candidates according to the voter's preference and, if no
candidate obtains a majority of first choice votes, votes are transferred in
sequential tabulations according to voters' preferences.
"Majority election
contest" means an election contest in which a candidate is required by law
to receive a majority of votes cast for the office to be elected outright."
SECTION 4. Section 11-112, Hawaii Revised Statutes, is amended to read as follows:
"§11-112 Contents of ballot. (a)
The ballot shall contain the names of the candidates, their party
affiliation or nonpartisanship in partisan election contests, the offices for
which they are running, and the district in which the election is being
held. In multimember races, the
ballot shall state that the voter shall not vote for more than the number of
seats available or the number of candidates listed where [such] the
number of candidates is less than the number of seats available.
(b) The ballot may include questions concerning proposed state constitutional amendments, proposed county charter amendments, or proposed initiative or referendum issues.
(c) At the chief election officer's discretion, the ballot may have a background design imprinted onto it.
(d)
When the electronic voting system is used, the ballot may have
pre-punched codes and printed information [which] that identify
the voting districts, precincts, and ballot sets to facilitate the electronic
data processing of these ballots.
(e) The name of the candidate may be printed with the Hawaiian or English equivalent or nickname, if the candidate so requests in writing at the time the candidate's nomination papers are filed. Candidates' names, including the Hawaiian or English equivalent or nickname, shall be set on one line.
(f) The ballot shall bear no word, motto, device, sign, or symbol other than as allowed in this title.
(g) The ballot may include language necessary to use the instant runoff voting method pursuant to sections 11-A , 11-B, and 11-C."
SECTION 5. Section 11-151, Hawaii Revised Statutes, is amended to read as follows:
"§11-151 Vote count. [Each] Except for contests where
the instant runoff voting method is used, each contest or question on a
ballot shall be counted independently as follows:
(1) If the votes cast in a contest or on a question are equal to or less than the number to be elected or chosen for that contest or question, the votes for that contest or question shall be counted;
(2) If the votes cast in a contest or question exceed the number to be elected or chosen for that contest or question, the votes for that contest or question shall not be counted; and
(3) If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that such ballots shall be counted as votes cast in ratification of a constitutional amendment or a question for a constitutional convention."
SECTION 6. Section 11-152, Hawaii Revised Statutes, is amended to read as follows:
"§11-152 Method of counting. (a) In an election using the paper ballot voting system, immediately after the close of the polls, the chairperson of the precinct officials shall open the ballot box. The precinct officials at the precinct shall proceed to count the votes as follows:
(1) The whole number of ballots shall first be counted to see if their number corresponds with the number of ballots cast as recorded by the precinct officials;
(2) If the number of
ballots corresponds with the number of persons recorded by the precinct
officials as having voted, the precinct officials shall then proceed to count
the [vote] votes cast for each candidate; and
(3) If there are more
ballots or [less] fewer ballots than the record calls for,
the precinct officials shall proceed as directed in section 11-153.
(b) In those precincts using the electronic voting system, the ballots shall be taken in the sealed ballot boxes to the counting center according to the procedure and schedule promulgated by the chief election officer to promote the security of the ballots. In the presence of official observers, counting center employees may start to count the ballots prior to the closing of the polls; provided that there shall be no printout by the computer or other disclosure of the number of votes cast for a candidate or on a question prior to the closing of the polls. For the purposes of this section, the closing of the polls is that time identified in section 11-131 as the closing hour of voting.
(c) In an election that uses the instant runoff voting method, votes shall be counted as provided in sections 11-A and 11-B."
SECTION 7. 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 in state elections 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) 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] greatest
number of votes in any election district shall be declared to be elected[.];
provided that candidates for office subject to the instant runoff voting method
shall be declared to be elected pursuant to section 11-A. 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 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2019; provided that this Act shall not apply to any election held prior to July 1, 2019; and provided further that, no later than December 31, 2018, the chief election officer and each county clerk shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate the purposes of this Act.
INTRODUCED BY: |
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Report Title:
Instant Runoff Voting; Elections
Description:
Provides for instant runoff voting for all elective offices.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.