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Hawaii Revised Statutes

Haw. Rev. Stat. § 11-153 (2026)

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✓ current as of July 2026
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     §11-153  More or fewer ballots than recorded.  (a)  If there are more ballots than documented usage indicates, this shall be an overage and if fewer ballots, it shall be an underage.  The election officials or counting center employees responsible for the tabulation of ballots shall make a note of this fact on a form to be provided by the chief election officer.  The form recording the overage or underage shall be sent directly to the chief election officer or the clerk in county elections separate and apart from the other election records.

     (b)  If the electronic voting system is being used in an election, the overage or underage shall be recorded after the tabulation of the ballots.  In an election using the paper ballot voting system, the chief election officer or the chief election officer's designee shall proceed to count the votes cast for each candidate or on a question after recording the overage or underage.

     (c)  The chief election officer or the clerk shall make a list of all precincts in which an overage or underage occurred and the amount of the overage or underage.  This list shall be filed and kept as a public record in the office of the chief election officer or the clerk in county elections.

     An election contest may be brought under part XI, if the overage or underage in any precinct could affect the outcome of an election. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(14); am L 1997, c 61, §1; am L 2019, c 136, §22; am L 2021, c 213, §29]

 

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2014–2024 · leading case: Cushnie v. Nago (Haw. 2024).
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Cushnie v. Nago (Haw. 2024). · cites it 7× “County’s motion asserts that the data that Plaintiffs used to calculate the 3,772 overage ballot amount is wrong because Plaintiffs’ data is based on ballot envelopes rather than ballots themselves, and the County “forms capturing ballot envelope counts are not used to calculate…”
Waters v. Nago (Haw. 2014). · cites it 3× “HRS § 11-153. Likewise, for absentee mail and absentee walk there are less ballots counted than the amount of validated absentee ballot applications at an absentee walk site or the amount of returned ballot envelopes that were received and whose signatures had been matched…”
— Haw. Rev. Stat. § 11-153(a) — 1 case
Cushnie v. Nago (Haw. 2024). “County’s motion asserts that the data that Plaintiffs used to calculate the 3,772 overage ballot amount is wrong because Plaintiffs’ data is based on ballot envelopes rather than ballots themselves, and the County “forms capturing ballot envelope counts are not used to calculate…”
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