HawaiiAudit Laws

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State Summary

Hawaii Rev. Stat. §16-42 requires a “pre-certification audit of a random sample of not less than 10% of the precincts employing the electronic voting system.” The audit can be expanded if discrepancies are found, and is completed prior to certification.

Hawaii became a vote-by-mail state in 2020. Implementing Elections by Mail (2023) (Appendix A) prepared by the Office of Elections, details the impact of the transition to mail elections on the audit process.

Specific procedures pertaining to audits in Hawaii are found in Haw. Code R. § 2-177-762.

Voting Systems Used

Hawaii uses hand-marked paper ballots and optical scanners, with ballot marking devices for accessibility. All registered voters receive a mail ballot and ballots are tabulated by batch-fed optical scanners. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation on the types of voting equipment used, click here.

Audit Comprehensiveness

The audit examines paper ballots, including those cast by mail. (The audit statute and administrative code are silent as to whether any ballots originally counted by hand are subject to audit.) The chief election officer or the clerk conducts an audit of a random sample of 10% of precincts employing the electronic voting system, to verify that the electronic tallies generated by the system in those precincts equal hand tallies of the paper ballots generated by the system in those precincts. Haw. Code R. § 2-177-762(a).

Transparency

The audit process is not open to the public. According to the election rules, “no person shall be permitted to witness the audit” without prior authorization. Haw. Code R. § 3-177-762(a)(2). However, according to Haw. Code R. § 3-177-762(a)(3), observers “may request to conduct a manual audit.” While this process is not defined further, we take this to mean that observers may verify marks on the ballots. Audit results are also filed with the office of the chief election officer, though it is unclear whether the results are posted publicly.

Audit Counting Method

Hawaii Rev. Stat. § 16-42(b)(3) provides for the use of hand tallies as part of the audit. A revision to the statute in 2024 also allows “accurate electronic copies” of ballots to be used in place of paper ballots as part of the audit.

Type Of Audit Units

Precincts are randomly sampled and hand-counted. Haw. Code R. § 3-177-762(e) notes that “precinct,” for the purposes of the audit, “refers to the ballot type that corresponds to the manner in which results are reported (i.e. if results are reported by state representative district-precinct, such as DP 17-01, then the ballot type associated with DP 17-01 is the applicable precinct for auditing purposes).”

Contests & Issues Audited

While the audit statute and regulation do not specify the contests audited, according to the 2022 Counting Center Procedures (p. 246), in practice, one contest is selected for audit in each audited precinct.

Addressing Discrepancies

If discrepancies are found, the chief election officer may expand the audit “to determine the extent of misreporting within the system.” Haw. Code R. § 3-177-762(b). The results of the expanded audit are filed with the office of elections.

For recount laws, see our Recount Law Database.

Timeline

Audits are conducted after the election and before certification. Hawaii Rev. Stat. § 16-42(b)(3).

Binding On Official Outcomes

Audit results are binding upon official results. “Election officials and counting center-officials shall certify the conduct and results of the manual audit.” Haw. Code R. § 3-177-762(a)(5); see also Haw. Rev. Stat. § 11-155.

Oversight & Conduct

The chief election officer or clerk conducts (oversees) the audit with the assistant of election officials and/or counting center officials. Haw. Code R. § 3-177-762(a).

Ballot Protection

Containers used to store or transport ballots shall include a non-reusable seal. A record must be maintained of the list of used seals used during the opening and closing of each container. As part of the record, a space for witnesses’ signatures is also provided. Haw. Code R. § 3-177-61.

Additional Targeted Samples

The audit provisions do not provide for targeted samples.

Resources

Hawaii Rev. Stat. § 16-42 and Haw. Code R. § 2-177-762: Audit provisions

2022 Counting Center Procedures

Haw. Code R. § 3-177-61: Ballot protection

 

 

Last updated: October 31, 2024

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