THE SENATE

S.C.R. NO.

52

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting the auditor to conduct an audit of the office of elections that focuses on the operation and performance of the elections of 2004.

 

 

WHEREAS, the Chief Election Officer is responsible for supervising all state elections, with the support of the Office of Elections; and

WHEREAS, the elections of 2004 were the first Hawaii elections to use the new Hart Intercivic eSlate electronic voting machines, which were obtained as part of a $5,000,000 federal grant to improve voting capabilities and organize state voting policies; and

WHEREAS, the new electronic voting machines were used for the first time in the 2004 primary elections and were intended to make it easier for disabled individuals to vote, with one electronic voting machine available at each precinct; and

WHEREAS, the primary election encountered vote counting problems, based in part on the use of two different voting systems: the election Systems and Software Inc. optical scanners and the new Hart Intercivic eSlate electronic voting machines; and

WHEREAS, a number of individuals have expressed concern that electronic voting does not produce a paper backup to the voting system; and

WHEREAS, although the September 2004 primary election had record absentee voter participation, more than six per cent of the absentee ballots were invalidated because voters voted for candidates in more than one party; and

WHEREAS, at the general election in November 2004, four voting machines had to be replaced, the wrong ballots were delivered to at least one precinct, and some voters were confused about where they were to cast their vote; and

WHEREAS, the 2004 election results established that Hawaii had one of the lowest voter turnouts in the United States; and

WHEREAS, to improve voter participation and to restore voter confidence in all issues relating to voting, the voting process in the election of 2004 should be reviewed and analyzed to find potential areas for improvement or clarification; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Auditor is requested to conduct a financial and management audit of the Office of Elections that focuses on the operation and performance of the elections of 2004, particularly the use of the new Hart Intercivic eSlate electronic voting machines and any irregularities or issues related to electronic voting in the 2004 elections; and

BE IT FURTHER RESOLVED that the Auditor is requested to include and report on the following in the audit:

(1) The Request for Proposals and the award and subsequent cancellation of the contract for the Hart Intercivic eSlate electronic voting system;

(2) Funds received and expended under the federal Help America Vote Act;

(3) Ballot counting issues, especially in connection with the electronic voting machines and the optical scanning counters;

(4) Issues relating to voter registration and voter education and awareness, including voter understanding of the issues and the process of voting;

(5) Issues relating to absentee ballots and counting of absentee ballots; and

(6) Other matters relating to elections, voting, ballot counting, voting devices, voter education, or related issues;

and

BE IT FURTHER RESOLVED that the Chief Election Officer, the Office of Elections, its staff, and other relevant persons or agencies are requested to cooperate with and assist the Auditor and to provide the information requested by the Auditor to fulfill the Legislature's request; and

BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of any findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, Chief Elections Officer, and the Chair of the Elections Commission.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Auditor; Office of Elections; 2004 Elections