§11-153  More or less ballots than
recorded.  (a)  If there are more ballots than the poll book indicates,
this shall be an overage and if less 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 precinct officials 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 and the clerk's office in counties other than the city and
county of Honolulu in elections involving state candidates.



An election contest may be brought under part
XI, if the overage or underage in any district 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]