Hawaii Governor Green Signs Rule for Tie-Breaker Drawings

Hawaii has historically handled election ties through ad hoc methods, but a new administrative rule now establishes a fixed procedure for future general elections.

Gov. Josh Green signed the rule into law on Friday, October 30. The measure directs the Office of Elections to resolve tied races by drawing a winner from a physical container. This action follows a contentious public hearing where seventeen individuals spoke against the proposal. No one testified in favor of the rule. The Office of Elections voted to approve the text on Thursday, one day before the governor’s signature.

The procedure requires an official to select a name from a container that is shaken or rotated. The person performing the draw must look away during the selection to ensure they cannot see the capsule or paper. This method mirrors the process used during the recent primary elections, where officials drew names from plastic eggs inside a lauhala basket. Those primary draws determined the outcomes for House District 43 and Senate District 20. The state Supreme Court later vacated those results, citing the absence of a clear, formal protocol.

Tamara McKay, a member of the Elections Commission and a voter who testified against the rule, argued that the current plan lacks critical protections. She stated that a formal opportunity to object should exist before the drawing begins. McKay also called for independent witnesses, mandatory documentation, and the preservation of drawing materials. She described the issue as extending beyond a single race.

Colin Moore, a political analyst for Hawaii News Now, suggested the timeline indicates the rule was finalized in time for the general election scheduled for Tuesday. He expressed concern that the process may have been rushed. Moore noted that some testimony raised valid points, particularly regarding the verification of a tie. He emphasized the need to confirm a tie not only after a recount but also after officials verify that no other irregularities exist.

The rule takes effect ten days after approval. This interval provides time for recounts and ballot curing in close contests. The new protocol applies to any general election tie in the state.