STAND. COM. REP. NO. 283

Honolulu, Hawaii

, 2005

RE: S.B. No. 1325

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. 1325 entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC VOTING REQUIREMENTS,"

begs leave to report as follows:

The purpose of this measure is to enhance the security of electronic voting:

Specifically, this measure will:

(1) Require that any electronic voting system used in any election in Hawaii generate a paper ballot that may be inspected and corrected by the voter before that voter's vote is cast; and

(2) Expand the scope of conduct actionable as election fraud to include individuals who knowingly design, alter, access, or program any electronic voting system that causes the system to record or tally votes inaccurately.

Testimony in support of the measure was submitted by the Office of the Governor, the Hawaii Democratic Party, the League of Women Voters of Hawaii, the Hawaii State Teachers Association, Safe Vote Hawaii, the Hawaii Disability Rights Center and eighteen individuals. The Office of Elections submitted comments on the measure.

Your Committee finds that as electronic voting systems increase in both use and popularity, adequate safeguards must be implemented to ensure that the votes of all eligible voters are not only counted, but also subject to verification by the voter. Unlike the current paper ballot system, most electronic voting systems do not generate or leave a verifiable paper trail that may be audited in cases of recounts or election challenges. By requiring electronic voting systems used in elections in Hawaii to generate paper ballots, your Committee finds that the convenient and cost effective method of electronic voting will also have the safety and security of the current paper ballot system.

Your Committee has amended this measure by making technical, non-substantive amendments for purposes of clarity.

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. 1325, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1325, 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