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-half 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

Recounts are conducted by machine retabulation. 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 0.5%
Vote count difference (not percentage-based)
Initiated automatically

The chief election officer, or the clerk in the case of a county election, must 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 the number of votes cast between the winner and runner-up, in the case of a candidate contest, or number of votes cast for or against a ballot question (including the tabulation of blank votes, when applicable) is equal to or less than one hundred votes or one-half of one percent (0.5%) of the total number of votes cast, whichever is less. 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

A candidate or their designated representative may attend and witness the recount, however, recounts are not required by statute to be open to the public. Haw. Code R. § 3-177-763(c).

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.

Resources

Haw. Rev. Stat. § 11-158: Recount Statute
Haw. Code R. § 3-177-763: Recount Rule
Haw. Code R. §§ 3-177-454: Voter Intent Rules