Bill Text: HI SB843 | 2020 | Regular Session | Introduced
Bill Title: Relating To Elections.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB843 Detail]
Download: Hawaii-2020-SB843-Introduced.html
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THE SENATE |
S.B. NO. |
843 |
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THIRTIETH LEGISLATURE, 2019 |
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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- Manual recount of votes; when required. (a)
The chief election officer, or the clerk in the case of county
elections, shall conduct a manual recount of all votes cast for any office at
any election if the official canvass of all of the returns for that office
reveals that the difference in the number of votes cast 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 hundred votes or equal to or less than one-half of one per cent
of the total number of votes cast for the contest, whichever is less.
(b) No cost of a manual recount under this
section may be charged to any candidate.
(c) All manual recounts of votes under this
section shall be completed and the results publicly announced no later than the
fifteenth day following the election.
(d) The chief election officer shall adopt rules
pursuant to chapter 91 for the manual recount of votes under this section;
provided that the rules shall:
(1) Authorize
candidates affected by the manual recount, or their designated representatives,
to attend and witness the manual recount; and
(2) Require the
notification of the parties described in paragraph (1) of the time and place of
the manual recount no later than one day prior to the date of the manual recount.
(e) This section shall apply to votes counted pursuant to section 11-151."
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) The results of
any manual recount of votes 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. Section 11-173.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In primary and special primary election
contests, and county election contests held concurrently with a regularly
scheduled primary or special primary election, the complaint shall be filed in
the office of the clerk of the supreme court not later than 4:30 p.m. on the
sixth day after a primary or special primary election, or county election
contests held concurrently with a regularly scheduled primary or special
primary election, and shall be accompanied by a deposit for costs of court as
established by rules of the supreme court[.]; provided that a
complaint pertaining to votes subject to a mandatory manual recount pursuant to
section 11- shall be filed no later than 4:30 p.m. on the fifth
calendar day following the public announcement of the results of the manual recount
pursuant to section 11- (c).
The clerk shall issue to the defendants named in the complaint a summons
to appear before the supreme court not later than 4:30 p.m. on the fifth day
after service [thereof.] of summons."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Manual Recount of Votes; Margin of Victory
Description:
Requires a manual recount of election votes when the margin of victory is equal to or less than one hundred votes cast or equal to or less than one-half of one per cent of the votes cast, whichever is less.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
