HOUSE OF REPRESENTATIVES	H.B. NO.	1753
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to mandatory recount of votes.

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

SECTION 1. The legislature finds that many other states including Nebraska, North Dakota, South Carolina, Wyoming, and D.C. set the mandatory recount trigger at one per cent. Hawaii's current threshold is one quarter of one percent, which is lower than the most common threshold of one half of one percent. Hawaii should follow suit of the previously listed states by setting a similar trigger.

The purpose of this Act is to modify the mandatory recount requirements by increasing the percentage trigger and requiring a separate methodology for recounts to increase voter confidence in election results.

SECTION 2. Section 11-158, Hawaii Revised Statutes, is amended to read as follows:

"[§11‑158] Mandatory recount of votes. (a) The chief election officer, or the clerk in the case of a county election, shall conduct, in a methodology differing from the original count, a recount of all votes cast for any office or ballot question in any election if the official tabulation of all of the returns for that office or question reveals that the difference in:

(1) The number of votes cast for a candidate apparently qualified for the general election ballot or elected to office and the number of votes cast for the closest apparently defeated opponent; or

(2) The number of votes cast in the affirmative for the ballot question and the number of votes cast in the negative for the ballot question, including when applicable, the tabulation of blank votes,

is equal to or less than [one hundred] two hundred fifty votes or [one-quarter of] one per cent of the total number of votes cast for the contest, whichever is greater.

(b) No candidate shall be charged for the cost of a mandatory recount under this section.

(c) All mandatory recounts of votes under this section shall be completed and the results publicly announced no later than seventy-two hours after the closing of polls on election day.

(d) If the original vote count was done using election equipment, including optical scanners and tabulation software, the mandatory recount of votes shall be performed by a manual hand count of paper ballots.

[(d)] (e) The chief election officer may adopt rules pursuant to chapter 91 for the mandatory recount of votes under this section, including:

(1) Authorizing candidates affected by the recount, or their designated representatives, to attend and witness the recount; and

(2) Notifying the parties described in paragraph (1) of the time and place of the recount no later than one day prior to the date of the recount.

[(e)] (f) This section shall apply to votes counted pursuant to section 11-151.

[(f)] (g) A recount conducted pursuant to this section shall not be considered a contest for cause subject to section 11-172."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2024.

INTRODUCED BY:

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Report Title:

Minority Caucus Package; Mandatory Recount; Voting; Methodology

Description:

Lowers the threshold for a mandatory recount of votes. Requires that a recount be conducted in a different method than the original vote.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.