Hawaii sets new rules for deciding tied elections by drawing
Governor Josh Green signed off on a written procedure for handling tied races, a move that takes effect ten days before the general election despite widespread opposition.
By Emily Brooks ·
Voters in Hawaii will see a specific method for breaking tied races when the state holds its general election next month. Governor Josh Green approved a new rule from the Office of Elections on Friday that dictates exactly how a winner will be selected if candidates end with the same number of votes.
The regulation creates a formal written procedure for a process that has already faced criticism. The rule becomes effective in ten days, a timeline that allows the state to complete recounts and ballot curing for any close contests before the decision is final. The process applies to any general election tie.
Under the new guidelines, officials will select a winner by drawing a name from a container that is shaken or rotated. The person performing the draw must look away to ensure they cannot see the capsule or paper when pulling the winner. This procedure mirrors the method used after the recent primary election, where names were drawn from plastic eggs inside a lauhala basket.
That previous drawing determined the outcomes in two tied Republican primary races. The first involved Kanani Souza and Sheila Medeiros for House District 43. The second was between Kurt Fevella and Bob McDermott for Senate District 20. The state Supreme Court later voided those results, ruling that the process lacked a clear and formal procedure. The Office of Elections has now codified the steps in writing to address that gap.
The rule drew significant opposition during the legislative process. Seventeen people testified against the measure at a public hearing earlier this week, with others submitting written objections. No one testified in support of the rule. Tamara McKay, a member of the Elections Commission, argued that the process needs more safeguards. "There should be a formal opportunity to object before drawing begins with independent witnesses, mandatory documentation and preservation of the drawing materials. This issue is bigger than one race," McKay said.
Colin Moore, a political analyst, suggested the timeline indicates urgency. "I am a little more concerned that they may have rushed this through," Moore said. He noted that some concerns raised in testimony were legitimate, specifically the need to verify that a race is truly tied. "Making certain that it really is a tie. So not only after the recount is over, after they’ve gone through the process of verifying that there aren’t any other irregularities," Moore said.
The Office of Elections approved the new rule on Thursday. With the governor’s signature, the written procedure is now law and will govern any tied races in the upcoming general election.
