Hawaii Regulations § 3-177-757 Electronic voting system; counting center procedures

Regulation Text

(a) The handling of ballots, vote data storage media, and voter verifiable paper audit trails shall occur only in the presence of representatives who are not of the same political party or official observers, except in cases where technical knowledge and skill is required when authorized by the chief election officer, clerk, or designated representative.

(b) The official observers shall observe the processes within the counting center and shall report any changes or deviations from the rules or procedures to the chief election officer, clerk in county elections, or designated representative. The observers shall also participate in all certifications that may be required by the chief election officer, clerk, or designated representative.

(c) No person shall be permitted into the counting center-without the authorization of the chief election officer, clerk in county elections, or designated representative.

(d) There shall be no printout by the computer or other disclosure of the number, of votes- cast for a candidate or on a ballot question prior to the closing of the polls as specified in HRS § 11-131 .

(e) If a system becomes inoperative, the chief election officer, clerk, or designated representatives shall evaluate and determine the extent of the malfunction. Provisions for backup procedures shall be available and may be put into effect. All tests and operational procedures stated in these rules shall apply to any standby equipment used.

(f) After all ballots are counted, the election database and vote data storage media, test ballots and results, the election results, and the voted ballots shall be sealed in containers or cabinets.

(g) Subsequent audits may be conducted by the chief election officer, clerk, or designated representative in accordance with established procedures.

(h) A written record shall be maintained of each opening and sealing of these storage containers or cabinets. The record shall include all of the following:

(1) Date and time;

(2) Name of each person requesting opening and reasons for opening;

(3) Seal numbers; and

(4) Signatures of two or more witnesses-attesting to the opening and closing of these containers or cabinets and certifying that ballots were handled in their presence at all times.

(i) The containers or cabinets shall be sealed and stored for twenty-two months in accordance with federal law.

History

[Eff JUL 26 2020] (Auth: HRS §§ 11-4 , 11-131 , 11-154 , 16-44 ) (Imp: HRS §§ 11-108 , 11-154 , 16-2 , 16-41 through 16-47 )

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