Hawaii 2022 Regular Session

Hawaii Senate Bill SB2045 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2045 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ELECTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2045
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2045
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO ELECTIONS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 11-108, Hawaii Revised Statutes, is amended to read as follows: "§11-108 Counting of mail-in ballots; validity; ballots included in recounts; certification of final tabulation. (a) Ballot processing for tabulation may begin no sooner than the eighteenth day before the election. In the presence of official observers, counting center employees may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after the closing hour of voting or after the last person in line at a voter service center desiring to vote at the closing hour of voting has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be conducted in accordance with procedures established by the chief election officer. [(b) The initial tabulation of ballots shall be completed no later than 6:00 a.m. on the day following an election day. (c)] (b) Any ballot the validity of which cannot be established upon receipt shall be retained by the clerk and shall not be commingled with ballots for which validity has been established until the validity of the ballot in question can be verified by the clerk. No ballot shall be included in an initial tabulation until the clerk has determined its validity. The clerk shall make reasonable efforts to determine the validity of ballots within seven days following an election day. No ballot shall be validated beyond the seventh day following an election. [(d)] (c) Any initial recount provided by law shall include only ballots verified and designated by the clerk for the purpose of the initial tabulation. [In no event shall a recount of an initial tabulation include ballots the validity of which could not be verified by 6:00 a.m. on the day following an election day.] [(e)] (d) No election result shall be certified pursuant to section 11-155 unless all ballots verified as valid by the clerk within seven days following an election day have been added to the final tabulation. Recount of a final tabulation shall be as provided by law." 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 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:] the following: (1) The difference in the number of votes cast, not including blank or over votes, 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] is equal to or less than one-eighth of one per cent in statewide contest; (2) The difference in the number of votes cast, not including blank or over votes, 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 is equal to or less than one-eighth of one percent in a countywide contest; (3) The difference in the number of votes cast, not including blank or over votes, 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 is equal to or less than one-fourth of one percent in all other contests; or [(2)] (4) The difference in 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[,] and over votes, is equal to or less than [one hundred votes or one-quarter] one-eighth 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] five business days after the closing of polls on election day. (d) 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) This section shall apply to votes counted pursuant to section 11-151. (f) 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 upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. Section 11-108, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§11-108 Counting of mail-in ballots; validity; ballots included in recounts; certification of final tabulation. (a) Ballot processing for tabulation may begin no sooner than the eighteenth day before the election. In the presence of official observers, counting center employees may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after the closing hour of voting or after the last person in line at a voter service center desiring to vote at the closing hour of voting has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be conducted in accordance with procedures established by the chief election officer.
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53	53	[(b) The initial tabulation of ballots shall be completed no later than 6:00 a.m. on the day following an election day.
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55	55	(c)] (b) Any ballot the validity of which cannot be established upon receipt shall be retained by the clerk and shall not be commingled with ballots for which validity has been established until the validity of the ballot in question can be verified by the clerk. No ballot shall be included in an initial tabulation until the clerk has determined its validity. The clerk shall make reasonable efforts to determine the validity of ballots within seven days following an election day. No ballot shall be validated beyond the seventh day following an election.
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57	57	[(d)] (c) Any initial recount provided by law shall include only ballots verified and designated by the clerk for the purpose of the initial tabulation. [In no event shall a recount of an initial tabulation include ballots the validity of which could not be verified by 6:00 a.m. on the day following an election day.]
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59	59	[(e)] (d) No election result shall be certified pursuant to section 11-155 unless all ballots verified as valid by the clerk within seven days following an election day have been added to the final tabulation. Recount of a final tabulation shall be as provided by law."
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61	61	SECTION 2. Section 11-158, Hawaii Revised Statutes, is amended to read as follows:
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63	63	"[[]§11‑158[]] Mandatory recount of votes. (a) The chief election officer, or the clerk in the case of a county election, shall conduct 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:] the following:
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65	65	(1) The difference in the number of votes cast, not including blank or over votes, 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] is equal to or less than one-eighth of one per cent in statewide contest;
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67	67	(2) The difference in the number of votes cast, not including blank or over votes, 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 is equal to or less than one-eighth of one percent in a countywide contest;
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69	69	(3) The difference in the number of votes cast, not including blank or over votes, 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 is equal to or less than one-fourth of one percent in all other contests; or
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71	71	[(2)] (4) The difference in 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[,] and over votes, is equal to or less than [one hundred votes or one-quarter] one-eighth of one per cent of the total number of votes cast for the contest[, whichever is greater].
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73	73	(b) No candidate shall be charged for the cost of a mandatory recount under this section.
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75	75	(c) All mandatory recounts of votes under this section shall be completed and the results publicly announced no later than [seventy-two hours] five business days after the closing of polls on election day.
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77	77	(d) The chief election officer may adopt rules pursuant to chapter 91 for the mandatory recount of votes under this section, including:
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79	79	(1) Authorizing candidates affected by the recount, or their designated representatives, to attend and witness the recount; and
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81	81	(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.
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83	83	(e) This section shall apply to votes counted pursuant to section 11-151.
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85	85	(f) A recount conducted pursuant to this section shall not be considered a contest for cause subject to section 11-172."
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87	87	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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89	89	SECTION 4. This Act shall take effect upon its approval.
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93	93	INTRODUCED BY: _____________________________
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96	96	INTRODUCED BY:
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98	98	_____________________________
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102	102	By Request
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104	104	Report Title: Office of Elections Package; Ballots; Tabulation; Recounts Description: Repeals deadlines relating to the tabulation of ballots. Amends the circumstances under which mandatory recounts of votes shall occur. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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110	110	Report Title:
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112	112	Office of Elections Package; Ballots; Tabulation; Recounts
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116	116	Description:
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118	118	Repeals deadlines relating to the tabulation of ballots. Amends the circumstances under which mandatory recounts of votes shall occur.
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126	126	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.