STAND. COM. REP. NO. 191

Honolulu, Hawaii

, 2005

RE: S.B. No. 1324

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1324 entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONS,"

begs leave to report as follows:

The purpose of this measure is to provide for the automatic recount of votes in an election where the difference between the number of votes cast for the winning candidate and the candidate with the second highest number of votes is less than one per cent of the total number of votes cast for that office.

Testimony in support of the measure was submitted by the Office of the Governor, the League of Women Voters of Hawaii, and one individual. The Office of Elections submitted comments.

Your Committee finds that in close elections there is no immediate and adequate remedy available for a candidate with the second most votes in an election and loses by the narrowest of margins. Often, this candidate is unable to demonstrate, much less allege, fraud or illegal activity upon which to mount an election contest challenge in court and request a recount of the votes. This measure would authorize an automatic recount of votes when the difference in the number of votes cast between the winning candidate and the candidate with the second highest number of votes meets a certain threshold percentage based upon the total number of votes cast for that office.

Your Committee has amended this measure by changing the threshold requirement required for an automatic recount from one per cent to one-eighth of one per cent.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1324, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1324, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair