REPORT TITLE: 
Elections; audit
DESCRIPTION:
Provides for the automatic manual audit by the office of
elections of any election that is narrowly won by a margin of one
percent or less.

 
HB HMIA 99-277
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE MANUAL AUDIT OF CLOSE ELECTIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 1      SECTION 1.  The legislature finds that election contests
 
 2 litigated before the State Supreme Court can be expensive, time
 
 3 consuming, and inefficient.  In the event of an election contest,
 
 4 the chief elections officer is not required to certify the
 
 5 election.  During the pendency of the election contest in the
 
 6 Supreme Court, the voters of the district in question can be
 
 7 disenfranchised and left without representation until the contest
 
 8 is resolved or decided by the court.
 
 9      The purpose of this Act is to provide for the automatic
 
10 manual audit of any election that is won by a narrow margin of
 
11 one percent or less.
 
12      SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended
 
13 by adding a new section to be appropriately designated and to
 
14 read as follows:
 
15      "11-    Automatic manual audit of close elections.  The
 
16 office of elections shall conduct a manual audit of every close
 
17 election that is won by a narrow margin of one percent or less of
 
18 the votes cast in such election or elections."
 
19      SECTION 3.  Section 11-155, Hawaii Revised Statutes, is
 

 
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 1 amended to read:
 
 2      "11-155  Certification of results of election.  On receipt
 
 3 of certified tabulations from the election officials concerned,
 
 4 the chief election officer or county clerk in county elections
 
 5 shall compile, certify, and release the election results after
 
 6 the expiration of the time for bringing an election
 
 7 contest[.];provided that an election won by a narrow margin of
 
 8 one percent or less of the votes cast in the election in
 
 9 question, shall not be certified until after a manual audit is
 
10 completed pursuant to 11-   .  The certification shall be based
 
11 on a comparison and reconciliation of the following:
 
12      (1)  The results of the canvass of ballots conducted
 
13           pursuant to chapter 16;
 
14      (2)  The audit of pollbooks (and related record books) and
 
15           resultant overage and underage report;
 
16      (3)  The audit results of the manual audit team;
 
17      (4)  The results of the absentee ballot reconciliation
 
18           report compiled by the clerks; and
 
19      (5)  All logs, tally sheets, and other documents generated
 
20           during the election and in the canvass of the election
 
21           results.
 
22 A certificate of election or a certificate of results declaring
 
23 the results of the election as of election day shall be issued
 

 
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 1 pursuant to section 11-156; provided that in the event of an
 
 2 overage or underage, a list of all precincts in which an overage
 
 3 or underage occurred shall be attached to the certificate.  The
 
 4 number of candidates to be elected receiving the highest number
 
 5 of votes in any election district shall be declared to be
 
 6 elected.  Unless otherwise provided, the term of office shall
 
 7 begin or end as of the close of polls on election day.  The
 
 8 position on the question receiving the appropriate majority of
 
 9 the votes cast shall be reflected in a certificate of results
 
10 issued pursuant to section 11-156."
 
11      SECTION 4.  New statutory material is underscored.
 
12      SECTION 5.  This Act shall take effect upon its approval.
 
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14                         INTRODUCED BY:___________________________
 
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HB HMIA 99-277