§11-158 Mandatory recount of votes.

309 words·~1 min read·/hi/chapter-11/11-158

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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-half 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; am L 2025, c 226, §3]