Hawaii Administrative Rules
Office of Elections
Subchapter 16 - VOTE DISPOSITION
Section 3-177-763 - Electronic voting system; recount

Universal Citation: HI Admin Rules 3-177-763

Current through January, 2023

(a) No person shall be permitted in the counting center without the written authorization of the chief election officer or clerk for purposes of the recount.

(b) The "counting center" means the facilities and surrounding premises, designated by the chief election, officer or the clerk in county elections where electronic voting system ballots are processed, counted, and tabulated.

(c) The office of elections or the clerk in the case of county. elections, shall notify candidates affected by a recount, of the date and time the recount will begin. The candidate or their designated representative may attend and witness the recount. The candidate or their representative will be provided with identification, which they must wear when present in the counting center for the recount.

(d) An attempt will be made to contact candidates affected by the recount to inform them of the time and place of the recount. Contact may be attempted through using the telephone number or electronic mail address provided to election officials as part of the candidate's application for their nomination paper. Election officials are not responsible for the non-receipt of such notice by the candidate.

(e) Given the need to conclude any recount within seventy-two hours of the closing of polls on election day, any notice may be provided on Saturdays, Sundays, or holidays. Such a notice will not serve to extend the initiation or conclusion of the recount.

(f) As the ballot typically contain various contest beyond the contest that triggered the recount, the system may read all marks on the ballot, when the ballots are scanned. This may result in the system generating not only new results for the contest in question but also other contests on the impacted ballots. However, any results for those other contests will not be considered official and will not change the previous official results in those contests.

(g) Any counting of ballots or voter verifiable paper audit trails will conform to the marking and vote disposition rules relating to the voting system that the ballot or voter verifiable paper audit trails were associated with As the marksense ballot voting system, is a mechanical tabulation system, and the ballots were intended to be read by the devices associated with that system, the election, officials, will to the extent possible, use voting devices associated with the system.

(h) The results of the recount will be subject to auditing under HAR § 3-177-762.

(i) After the conclusion of any audit of the recount, the results of the recount for the contest that triggered the recount will be publicly announced.

(j) The recount will include only those ballots that were a part of the initial tabulation, which HRS § 11-108(b) required role completed no later than 6:00 a.m. on the day following an election day.

(k) Ballots whose validity had not been initially determined and as such were not included in the initial tabulation, will be counted separately after being validated. This includes, but is not limited to, any ballots that were initially deficient but were subsequently corrected by voters, pursuant to HRS § 11-106. The counting of these ballots will result in updated election results. However, the updated election results may not serve as a basis for the triggering of another recount. As these ballots are not a part of the initial tabulation subject to recount, the provisions related to a recount shall not apply to the counting of them. However,, the date and time of the. counting of these ballots will be provided to the official observers, pursuant to HRS § 16-45.

[Eff JUL 26 2020] (Auth: HRS § 11-4, 52 USC § 21081) (Imp: HRS §§ 11-108, 11-158, 16-2, 16-41 through 16-45, 52 USC § 21081)

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