§11-153  More or less ballots thanrecorded.  (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.  Theelection officials or counting center employees responsible for the tabulationof ballots shall make a note of this fact on a form to be provided by the chiefelection officer.  The form recording the overage or underage shall be sentdirectly to the chief election officer or the clerk in county electionsseparate and apart from the other election records.

(b)  If the electronic voting system is beingused in an election, the overage or underage shall be recorded after thetabulation of the ballots.  In an election using the paper ballot votingsystem, the precinct officials shall proceed to count the votes cast for eachcandidate or on a question after recording the overage or underage.

(c)  The chief election officer or the clerkshall make a list of all precincts in which an overage or underage occurred andthe amount of the overage or underage.  This list shall be filed and kept as apublic record in the office of the chief election officer or the clerk incounty elections and the clerk's office in counties other than the city andcounty of Honolulu in elections involving state candidates.

An election contest may be brought under partXI, if the overage or underage in any district could affect the outcome of anelection. [L 1970, c 26, pt of §2; am L 1975, c 36, §1(14); am L 1997, c 61,§1]