State Summary
In 2019, Hawaii passed legislation requiring close-vote-margin recounts. The state only allows for recounts in the case of a close-vote margin, when the contest margin is equal to or less than 100 votes or one-quarter of one percent of the number of votes cast for the contest, whichever is less. Recounts must be completed by the fifth business day after election day. Recounts are conducted by machine retabulation.
Counting Method
Retabulation only
“As the ballot typically contain[s] various contest[s] beyond the contest that triggered the recount, the system may read all marks on the ballot, when the ballots are scanned....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….” Haw. Code R. § 3-177-763.
Note that the recount results are also subject to auditing under Haw. Code R. § 3-177-762. Haw. Code R. § 3-177-763(h).
Initiating Mechanisms
Close vote margin
Close Vote Margin Options
Less than or equal to 0.25%
Vote count difference (not percentage-based)
Initiated automatically
“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.” Haw. Rev. Stat. § 11-158.
Timing: All mandatory recounts must be completed and the results announced by the fifth business day after election day. Haw. Rev. Stat. § 11-158(c).
Candidate-Initiated Options
Hawaii only allows for recounts initiated due to a close vote margin.
Voter-Initiated Options
Hawaii only allows for recounts initiated due to a close vote margin.
Cost for Candidate-Initiated Recounts
Hawaii only allows for recounts initiated due to a close vote margin.
Cost for Voter-Initiated Recounts
Hawaii only allows for recounts initiated due to a close vote margin.
Challengers and Observers
Party/candidate/initiator may appoint observers, no guidance on challengers
“The candidate or their designated representative may attend and witness the recount.” Haw. Code R. § 3-177-763(c). Recounts in Hawaii are not required to be publicly conducted.
Rules for Determining Voter Intent
Haw. Code R. §§ 3-177-454 and 3-177-752 define valid, marginal, and invalid ballot marks and detail when marginal marks should be counted.