Vote Disposition

HRS div. 1, tit. 2, ch. 11, pt. X

in effect

HRS §11-151 Vote count

11-151. Vote count Except for contests conducted by ranked-choice voting pursuant to section 11-100, each contest or question on a ballot shall be counted independently as follows: (1) If the votes cast in a contest or on a question are equal to or less than the number to be elected or chosen for that contest or question, the votes for that contest or question shall be counted; (2) If the votes cast in a contest or question exceed the number to be elected or chosen for that contest or question, the votes for that contest or question shall not be counted; and (3) If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that such ballots shall be counted as votes cast in ratification of a constitutional amendment or a question for a constitutional convention. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(12); am L 1986, c 305, §2; am L 2000, c 54, §1; am L 2022, c 47, §5]

HRS §11-152 Method of counting

11-152. Method of counting (a) For votes cast using the electronic voting system, the ballots shall be taken in the sealed ballot containers to the counting center according to the procedure and schedule adopted by the chief election officer to promote the security of the ballots. For all votes cast in an election, in the presence of official observers, counting center employees may start to count the ballots before election day, as specified in section 11-108. (b) In an election conducted by ranked-choice voting, votes shall be counted as provided in section 11-100. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(vv); am L 1975, c 36, §1(13); am L 1977, c 189, §1(10); am L 1980, c 264, §1(p); am L 1993, c 304, §7; gen ch 1993; am L 2019, c 136, §21; am L 2022, c 47, §6]

HRS §11-153 More or fewer ballots than recorded

11-153. More or fewer ballots than recorded (a) If there are more ballots than documented usage indicates, this shall be an overage and if fewer ballots, it shall be an underage. The election officials or counting center employees responsible for the tabulation of ballots shall make a note of this fact on a form to be provided by the chief election officer. The form recording the overage or underage shall be sent directly to the chief election officer or the clerk in county elections separate and apart from the other election records. (b) If the electronic voting system is being used in an election, the overage or underage shall be recorded after the tabulation of the ballots. In an election using the paper ballot voting system, the chief election officer or the chief election officer's designee shall proceed to count the votes cast for each candidate or on a question after recording the overage or underage. (c) The chief election officer or the clerk shall make a list of all precincts in which an overage or underage occurred and the amount of the overage or underage. This list shall be filed and kept as a public record in the office of the chief election officer or the clerk in county elections. An election contest may be brought under part XI, if the overage or underage in any precinct could affect the outcome of an election. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(14); am L 1997, c 61, §1; am L 2019, c 136, §22; am L 2021, c 213, §29]

HRS §11-154 Records, etc.; disposition

11-154. Records, etc.; disposition The voted ballots shall be kept secure and handled only in the presence of representatives not of the same political party or official observers in accordance with rules adopted for the various voting systems. After all the ballots have been tabulated they shall be sealed in containers. Thereafter, these containers shall be unsealed and resealed only as prescribed by rules governing elections. The ballots and other election records may be destroyed by the chief election officer or clerk when all elected candidates have been certified by the chief election officer, or in the case of candidates for county offices, by the clerk and after compliance with retention schedules of applicable federal law. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(ww); am L 2019, c 136, §23]

HRS §11-155 Certification of results of election

11-155. Certification of results of election On receipt of certified tabulations from the election officials concerned, the chief election officer in a state election, or county clerk in a county election, shall compile, certify, and release the election results by district and precinct after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following: (1) The results of the canvass of ballots conducted pursuant to chapter 16; (2) The audit of records and resultant overage and underage report; (3) The audit results of the manual audit team; (4) The results of any mandatory recount of votes conducted pursuant to section 11-158; and (5) All logs, tally sheets, and other documents generated during the election and in the canvass of the election results. A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11-156; provided that in the event of an overage or underage, a list of all precincts in which an overage or underage occurred shall be attached to the certificate. The candidates to be elected who receive the most votes in any election district shall be declared to be elected; provided that candidates for offices elected by ranked-choice voting shall be declared to be elected pursuant to section 11-100. Unless otherwise provided, the term of office shall begin or end as of the close of voter service centers on election day. The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11-156. [L 1970, c 26, pt of §2; am L 1980, c 264, §1(b); am L 1986, c 305, §3; am L 1997, c 61, §2; am L 2019, c 135, §2; am L 2021, c 213, §30; am L 2022, c 47, §7]

HRS §11-156 Certificate of election and certificate of results, form

11-156. Certificate of election and certificate of results, form The chief election officer or county clerk shall deliver certificates of election to the persons elected as determined under section 11-155. The chief election officer or county clerk in county elections shall issue certificates of results where a question has been voted upon. Certificates of election shall be delivered only after the: (1) Filing of reports in accordance with sections 11-331 and 11-333; and (2) Payment of any fine assessed by the campaign spending commission, by the person elected in accordance with part XIII and after the expiration of time for bringing an election contest. The certificate of election shall be substantially in the following form: CERTIFICATE OF ELECTION I,......................., chief election officer (county clerk) of Hawaii (county), do hereby certify that .................... was on the ..... day of .......... 20....., duly elected a ............... (name of office) for the ....................... district for a term expiring on the ..... day of ...................., A.D. 20..... Witness my hand this ..... day of ...................., A.D. 20..... ..................................... Chief Election Officer (County Clerk) The certificate of results shall be substantially in the following form: CERTIFICATE OF RESULTS I, ............................, chief election officer (county clerk) of Hawaii (county), do hereby certify that .................. (question) was on the ..... day of ............... 20...., duly adopted (rejected) by a majority of the votes cast. ..................................... Chief Election Officer (County Clerk) If there is an election contest these certificates shall be delivered only after a final determination in the contest has been made and the time for an appeal has expired. [L 1970, c 26, pt of §2; am L 1986, c 305, §4; am L 2012, c 34, §1; am L 2014, c 139, §1]

HRS §11-157 In case of tie

11-157. In case of tie In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or clerk in the case of county elections by lot. [L 1970, c 26, pt of §2; gen ch 1985; am L 1990, c 198, §2; am L 1996, c 239, §2; am L 2011, c 5, §3; am L 2012, c 34, §2; am L 2019, c 136, §24]

HRS §11-158 §11‑158 Mandatory recount of votes.

11-158. §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: (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 votes or one-quarter of one per cent of the total number of votes cast for the contest, whichever is lesser. (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 by the fifth business day after 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. [L 2019, c 135, §1; am L 2024, c 1, §1]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0011/HRS_0011-.htmFetched: 11/10/2026