REPORT TITLE:
Elections; Recount of Votes


DESCRIPTION:
Requires a manual vote recount for only that race in which the
difference between the winner and the next highest vote getter is
less than one percentage point of the total number of votes cast
for that office.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           575
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  The legislature finds that result of the race
 
 2 for the house of representatives district 44 was challenged after
 
 3 the November 1998 general election.  The legislature further
 
 4 finds that in January 1999, the state supreme court ordered the
 
 5 state chief election officer's manual audit team to manually
 
 6 tally the votes in district 44, precinct 1 and compare the manual
 
 7 count against the computer generated results for the precinct
 
 8 from the November 3, 1998, election results.  For reasons that
 
 9 are either unknown or incomprehensible, the recount was not only
 
10 of the votes cast in the challenged contest, the race for the
 
11 house of representatives from that district, but of all votes
 
12 cast in that precinct in all races, including those for the
 
13 United States Senate and Congress, for governor, and for state
 
14 senator, even though the outcomes were not challenged.
 
15 Additionally, candidates from the races other than the challenged
 
16 contest were not allowed to be present either personally or
 
17 through representatives despite the fact that the votes in their
 
18 races were being recounted in that precinct.
 
19      This recount was necessary because of the very close
 

 
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                                     S.B. NO.           575
                                                        
                                                        

 
 1 election result in that race.  This process which requires
 
 2 judicial intervention is both time consuming and expensive.  In
 
 3 this case, it left the nominees uncertain as to the winner of the
 
 4 election for at least eight or ten weeks following the general
 
 5 election.  Machines are not perfect and there is a need for
 
 6 automatic manual recounts of votes when an election results in a
 
 7 very close race.  The purpose of this Act is to require a recount
 
 8 for only the particular race involved, when the final vote tally
 
 9 difference between the top two candidates is less than one
 
10 percentage point.
 
11      SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended
 
12 by adding a new section to part X to be appropriately designated
 
13 and to read as follows:
 
14      "�11-    Recount of votes cast for close contests.  (a)
 
15 Notwithstanding any law to the contrary, if, within three days
 
16 after an election it appears to the chief election officer that
 
17 the plurality of an elected candidate for an office over the vote
 
18 for a defeated candidate receiving the next highest number of
 
19 votes was less than a vote equivalent to one percentage point of
 
20 the total number of votes cast for the office, excluding spoiled,
 
21 over or under counts, and blank ballots, the chief election
 
22 officer shall order a manual recount of votes for that contest
 
23 only, to be conducted within fifteen working days.  Before the
 

 
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                                     S.B. NO.           575
                                                        
                                                        

 
 1 recount is made, the chief election officer shall give notice in
 
 2 writing to the two leading candidates in that contest of the time
 
 3 and place where that recount is to be made.  The two leading
 
 4 candidates in that contest may send two representatives each to
 
 5 be present at that recount.  At the completion of the recount,
 
 6 the chief election officer shall announce the officer's findings
 
 7 within twenty-four hours.  The chief election officer may adopt
 
 8 rules under chapter 91 to implement this section in a fair,
 
 9 uniform, and impartial manner.  For purposes of this section,
 
10 "total number of votes cast" means in the case of multiple
 
11 openings for the same office, the total number of electors
 
12 checked as having voted in the State, district, or political
 
13 subdivision, as the case may be.
 
14      (b)  Nothing in this section shall preclude the right to
 
15 judicial proceedings under this chapter."
 
16      SECTION 3.  New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________