Report Title:

Elections; Recount

Description:

Changes primary from last Sat. of September to second Sat. in August. Provides for automatic recount for small vote difference if difference for statewide office in votes cast between winning and losing candidate is 1/8 of 1 per cent of the total ballots cast for and 1/4 of 1 per cent for any other state or county office.

HOUSE OF REPRESENTATIVES

H.B. NO.

2843

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to elections.

 

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

SECTION 1. During the 2001 regular session, the legislature passed H.B. No. 168, which became Act 139, Session Laws of Hawaii 2001, when the Governor signed it into law on May 24, 2001. Act 139 established a task force to review, evaluate, and recommend changes to Hawaii's election laws to ensure the integrity and certainty of the State's electoral process. The task force considered the following:

(1) The adequacy of the law with respect to vote tabulation and contest procedures; and

(2) The feasibility of implementing an automatic recount and improved contest procedures.

The validity and legitimacy of the election results are based on the transparency, security, professionalism, accuracy, secrecy of vote, timeliness, accountability, and equity of the voting and vote counting system. The current system as established and conducted validates and makes reliable the election results through the use of official observers who provide independent oversight to the election process, statewide uniform procedures, independent testing (conducted by the official observers, office of elections, county staff, and the vendor), and the various audits (poll book and manual audits) and canvasses conducted by the office of elections.

The mere counting and recounting of the ballots does not confirm, validate, and make reliable the election results. The task force found that recounts alone should not be seen as a panacea to resolve questions regarding the election results. To confirm the results of an election, various audits and reconciliation procedures need to take place. However, the task force also found that recounts help facilitate the building of the public's trust in the integrity of the current system.

Historically, the State had a provision by which a recount could occur through an election contest process. The provision was established by Act 7, Session Laws of Hawaii 1961, which section 11-85.2 amended the Revised Laws of Hawaii, 1955. The provision regarding statewide elections was one-eighth of one per cent or less between the winning and losing candidates and one-fourth of one per cent for all other races. The provision was repealed in 1973 by Act 217, Session Laws of Hawaii 1973.

Further, the task force found that an automatic recount may be initiated without court intervention if the recount is clearly made a part of the normal vote counting process for elections in which there is a small vote difference. In recognition of article II, section 10, of the Hawaii state constitution, the courts would still retain sole jurisdiction to determine contested elections, including those in which an automatic recount has occurred.

Furthermore, the task force found that Hawaii has one of the latest primary elections in the nation. The task force believes that the effectiveness of this Act is contingent upon holding the primary election at an earlier date in order to provide sufficient time between the primary and general elections to conduct recounts.

SECTION 2. Chapter 11, Part X, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§11-    Automatic recount for small vote differences. (a) If the difference in the votes cast for the winning and losing candidates for:

(1) An office eligible to be voted on by the voters of the entire State appears to be one-eighth of one per cent or less of the total ballots cast for the office; or

(2) Any other state or county office appears to be one-fourth of one per cent or less of the total ballots cast for that office;

then the chief election officer or county clerk in the case of a county election, shall order a recount of all the ballots cast for the office where the small vote difference exists.

(b) In the case where several candidates are to be elected to an office with more than one seat, and the percentage difference contained in subsection (a) appears between the votes received by the lowest among the winning candidates and those received by the highest among the losing candidates, the chief election officer or county clerk in the case of a county election shall order a recount of the questioned ballots for that contest.

(c) The ballots shall be recounted by a machine count no later than seven days after the election. This section shall not preclude a contest for cause."

SECTION 3. Section 12-2, Hawaii Revised Statutes, is amended to read as follows:

"§12-2 Primary held when; candidates only those nominated. The primary shall be held at the polling place for each precinct on the second [to the last Saturday of September] Saturday in August in every even numbered year[; provided that in no case shall any primary election precede a general election by less than forty-five days].

No person shall be a candidate for any general or special general election unless the person has been nominated in the immediately preceding primary or special primary."

SECTION 4. Section 11-173.5, Hawaii Revised Statutes, is amended to read as follows:

"§11-173.5 Contests for cause in primary, special primary elections, and county elections held concurrently with a regularly scheduled primary or special primary election. (a) In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election[,] requiring a runoff or automatic recount for small vote difference, 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[,] requiring a runoff, or automatic recount for small vote difference, and shall be accompanied by a deposit for costs of court as established by rules of the supreme court. 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.

(b) In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election[,] requiring a runoff or automatic recount for small vote difference, the court shall hear the contest in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law. The judgment shall decide what candidate was nominated or elected, as the case may be, in the manner presented by the petition, and a certified copy of the judgment shall forthwith be served on the chief election officer or the county clerk, as the case may be, who shall place the name of the candidate declared to be nominated on the ballot for the forthcoming general, special general, or runoff election. The judgment shall be conclusive of the right of the candidate so declared to be nominated; provided that this subsection shall not operate to amend or repeal section 12-41."

SECTION 5. Section 11-174.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In general, special general, special, or runoff elections[,] requiring an automatic recount for small vote difference, the complaint shall be filed in the office of the clerk of the supreme court not later than 4:30 p.m. on the twentieth day following the general, special general, special, [or] runoff election, or automatic recount for small vote differences and shall be accompanied by a deposit for costs of court as established by rules of the supreme court. 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 tenth day after service thereof."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2004.

INTRODUCED BY:

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