§11-155 Certification of results of
election. On receipt of certified tabulations from the election officials
concerned, the chief election officer in a state election, or county clerk in a
county election, shall compile, certify, and release the election results by
district and precinct after the expiration of the time for bringing an election
contest. The certification shall be based on a comparison and reconciliation
of the following:
(1) The results of the canvass of ballots conducted
pursuant to chapter 16;
(2) The audit of records and resultant overage and
underage report;
(3) The audit results of the manual audit team;
(4) The results of any mandatory recount of votes
conducted pursuant to section 11-158; and
(5) All logs, tally sheets, and other documents
generated during the election and in the canvass of the election results.
A certificate of election or a certificate of
results declaring the results of the election as of election day shall be
issued pursuant to section 11-156; provided that in the event of an overage or
underage, a list of all precincts in which an overage or underage occurred
shall be attached to the certificate. The candidates to be elected who receive
the most votes in any election district shall be declared to be elected;
provided that candidates for offices elected by ranked-choice voting shall be
declared to be elected pursuant to section 11-100. Unless otherwise provided,
the term of office shall begin or end as of the close of voter service centers
on election day. The position on the question receiving the appropriate
majority of the votes cast shall be reflected in a certificate of results
issued pursuant to section 11-156. [L 1970, c 26, pt of §2; am L 1980, c 264,
§1(b); am L 1986, c 305, §3; am L 1997, c 61, §2; am L 2019, c 135, §2; am L
2021, c 213, §30; am L 2022, c 47, §7]
Attorney General Opinions
When board of education members can assume official duties.
Att. Gen. Op. 86-21.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1974–2024 · leading case:
Clark v. Arakaki, 191 P.3d 176 (Haw. 2008).
Clark v. Arakaki, 191 P.3d 176 (Haw. 2008).
· cites it 22× “In relevant part, HRS § 11-155 (1993) provides that, [o]n receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the…”
State v. Park, 525 P.2d 586 (Haw. 1974).
· cites it 18× “The provisions of HRS §§ 11-155 and 11-174 (Supp. 1972) show clearly that, in the instant case, the certification of the lieutenant governor of the election results, even in a judicially contested case, determines whether or not a candidate is nominated.”
Hawaii State Afl-cio v. Yoshina, 935 P.2d 89 (Haw. 1997).
· cites it 2× “Consequently, we direct that judgment be entered in favor of the plaintiffs and order Defendant Yoshina to issue a certificate of results, pursuant to HRS §§ 11-155 and 156, indicating that the convention question was rejected.”
LoPresti v. State (Haw. 2019).
· cites it 4× “Kurt Favella received the highest number of the votes cast in the November 6, 2018 general election and has been elected to the Office of State Senate, District 19 pursuant to HRS § 11-155 (2009).3 A copy of this judgment shall be served on Chief Election Officer Nago who shall…”
LoPresti v. State (Haw. 2019).
· cites it 4× “Kurt Fevella received the highest number of the votes cast in the November 6, 2018 general election and has been elected to the Office of State Senate, District 19 pursuant to HRS § 11-155 (2009).3 A copy of this judgment shall be served on Chief Election Officer Nago who shall…”
Cushnie v. Nago (Haw. 2024).
· cites it 2× “5(b) (discussing the options that this court’s Judgment may do to a general election); see also HRS § 11-155 (Supp. 2022) (certification).”
Griffin v. State of Hawaii (D. Haw. 2021).
“§ 11-155 . There is no continuing violation of federal law with respect to a completed election.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.