Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of Elections › Chapter 177 - RULES OF THE OFFICE OF ELECTIONS › Subchapter 16 - VOTE DISPOSITION › Section 3-177-763 - Electronic voting system; recount

Current through June, 2024
(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.