HomeMy WebLinkAboutRES 410 Draft 01 2004-2006 MTV Os y~_
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COUNTY OF HAWAII STATE OF HAWAII
h~O~~M'~
RESOLUTION NO. X10 06
A RESOLUTION DETERMINING THE SUFFICIENCY OF THE PETITION (ORIGINAL AND
SUPPLEMENTARY) FILED BY THE SAVE OUR LAND CITIZENS' COMMITTEE ON MAY 17,
JUNE 16, AND JUNE 19, 2006, PROPOSING TO AMEND CHAPTER 2, ARTICLE 42,
HAWAII COUNTY CODE RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND
WHEREAS, the power of voters to propose ordinances is known as initiative, and
is authorized in Article XI, Hawaii County Charter; and
WHEREAS, on May 17, 2006, the Save Our Land Citizens' Committee filed an
initiative petition entitled "Initiative petition-amending Chapter 2, Article 42, of the
Hawaii County Code" with the Office of the County Clerk; and
WHEREAS, the petition proposed an ordinance to amend Chapter 2, Article 42,
Section 2-214, Hawaii County Code 1983 (2005 Edition), relating to the Public Access,
Open Space, and Natural Resources Preservation Fund (see Exhibit "1"); and
WHEREAS, it is determined that the Committee needs 4,846 valid signatures of
qualified voters to be deemed sufficient (32,305 total votes cast for mayor in the 2004
special election x 15% = 4,846 qualified voters); and
WHEREAS, according to the County Clerk's "Certificate of Insufficiency" (see
Exhibit"2", Exhibit"D") dated June 5, 2006, the original petition, which contained
409 pages and 3,001 signatures, was determined to contain 1,366 signatures of
qualified voters of the County; and
WHEREAS, pursuant to Section it-5(a), Hawaii County Charter, the Save Our
Land Citizens' Committee requested to amend the petition; and
WHEREAS, on June 16, and June 19, 2006, the Save Our Land Citizens'
Committee submitted supplementary petition pages, containing a total of 5,781
signatories, for a total of 8,782 signatories on the petition; and
WHEREAS, on June 5, 2006, the Clerk received one request to withdraw the
person's signature in the supplementary petition; and
WHEREAS, one signature was later disqualified when it was found that the
petition was signed after the circulator's attestation date; and
WHEREAS, the total number of signatures examined on the petition was 8,780;
and
WHEREAS, an "Amended Certificate of Insufficiency" (see Exhibit"2") was
transmitted to the County Council dated July 1, 2006, with a determination that the
original and supplementary petition contained a total 3,982 valid signatures; and
WHEREAS, the validation process was generally the same as that used when
validating candidate nomination petitions and political party petitions; and
WHEREAS, Section li-5(c), Hawaii County Charter, requires the Council to
review the Clerk's certificate, and to approve or reject the certificate or to substitute its
own determination of sufficiency of the petition by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that it stipulates to Findings 1-27 of the County Clerk in the "Amended
Certificate of Insufficiency" with the exception of the invalidation of 1,578 signatures,
which residence address did not match (RANM), noted in Finding 27.
BE IT FURTHER RESOLVED that it believes that most residence addresses did not
match because people have moved, have not updated their voter registration
information with the Office of the County Clerk-Elections Division, and have the
opportunity to re-register up to and on Primary and General Election Days.
BE IT FURTHER RESOLVED that it finds the people who fell within this category
were registered voters in the County of Hawaii, who will update their residence address
information prior to voting.
BE TT FURTHER RESOLVED that it finds, with the addition of 1,578 signatures
which residence address did not match (RANM), the total number of valid signatures is
5,560-714 more than required.
BE IT FURTHER RESOLVED that the County Council determines that the petition
(original and supplementary) filed by the Save Our Land Citizens' Committee contains
sufficient signatures to consider the ordinance it proposes.
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BE IT FINALLY RESOLVED that the Clerk is requested to transmit a copy of this
resolution to the Save Our Land Citizens' Committee, PO Box 4148, Kailua-Kona, HI
96745.
Dated at Kona , Hawaii, this 19th day of July .2006.
INTRODUCED BY:
COUNCIL ME ,COUNTY HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAKI x
RIGA X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH X
County of Hawaii on July 19, 2006
IKEDA
ISBELL X
ATTEST: ]ACOBSON X
PILAGO X
,/i / SAFARIK X
Reference:_~65.3 !~W~e
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COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 41V
initiative Petition Amendments as reauested by Save Our Land Citizen's C®mmitteet
~i~e Pr®p®sed Ordinance is printed below. New material is underlined and tnateriat to be deleted is bracketed aroe~ striciceeao
County of Hawaii, State of Hawaii-Ordinance No. ' ~ ~ ~
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAWAI'1 COUNTY CODE 1983 (2005 EDITION), RELATING TO THE PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION. IiH i ~ i,.~
i
®E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 42, Section 2-214, Hawal'i County Coda 1983 (2005 Edition), is amended to read as follows , ,r , .
Section 2-214. Public access, open space, and natural resources preservation fund. ' Cl `
(a) A public access, open space and natural resources preservation fund is hereby established. This special tund shat{ be administered and managed by the
finance department
(b) The fund shall consist of monies from:
(1) The proceeds from the sale of any general obligation bonds; authorized and issued forthe purposes of this article;
(2) Council appropriations far the purposes of this article;
(3) Any source of revenue dedicated by the Hawaii County Charter or the t{awai i County Code for the purposes of this article; [sad}
(4) Grants and private contributions intended for the purposes of this article and
(5) Two percent (2°! t of Hawaii County real property tax revenues collected annually (including oenaltiesl
g in ado tin each fiscal ear's o eratin bud et, the council shall a oats a minimum of $250,000 to the ublic access, o an s ace and natural resources
- O P 9 Y p 9 9 PProp ~ P P P
'
~ ~ :a preservation fund.
:,~..,,`,F, (1) {When-the-use ~ ns-shalEbc-aaade
(2) Nothing in this section shall prevent the council from appropdating amounts in excess of the above
minimum amounts to this fund.
d"=~:NX
a;;s~t°.rrM
z,.rsyr;=SECTION 2. Material to be repealed is bracketed and stricken. New material is~underecored. In printing this ordinance, the brackets, bracketed material and
~~y.,.:x. underscoring need not be included.
SECTION 3. If any provision of this ordinance or the application thereof to any parson or circumstance, is held invalid, such invalidity shall not effect other
provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are
t"~ declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
Es°ETU~N ALi. COMPLETED, NOTACdlZED PETITIONS TO: Save Our Land Committee, PO BOX 4148, KAILUA-KONG, H9 96745
Pi~te3 tl9at fiat deadline for returning signatures via US mail is May 8th, FINAL DEADLINE for all signatures is May 2Sg",~®®S
C®mmittee: Wendy Scott-Vance, PO Box 785, Na'alehu, HI 96772; Debbie Hecht, PO Box 4148, Kailua-Kona, HI 96745; Mike Varney,
PO Box2891 Kamuerl'a, HI 9/67_43, Karen Clarkson, PO Box 1396, Honokaa, HI 96727; Steve Hirikami PO Box 1494,Pahoa, 96778.
cS~U~C~ fr• ~j/ ~~/`~yrl'LI phone number ~7~~ 'r~i 2~-3 cjrculated this petition which contains ~ signatures, each of
ich w affixed in my pre ce, E ch of which is the genuine signature of the person whose name It purports to be,
LORI ANNE Y AICHARD ~ ' y,t
SSigne Swofn before m9 tm this day of~2006.
Nr7tgty Public / v
STATE OF HAWAII Lo T' ~t~~` Notary, State of Hawaii My cpmmiasion expires: 7 ~3" 7~~
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CONSTANCE R. KIRIU WILLIAM E. SMITH
County Gerk Deputy County Clerk
h J
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OFFICE OF THE COUNTY CLERK
Elections Division
County of Hawaii
Hawaii County Building
25 Aupuni Slree( ~ ~
Hilo, Nawai'i 96720 Cf7
--~..r`- ~
In the Matter of the ) -a
Initiative Petition of ) AMENDED CERTIFICATE OF INSI~F,~'ICI~NC;Y ,
Save Our Land Citizens' ) EXHIBITS "A", "B", "C", "D" ~ w
Committee ) Original and First Supplementary PetiEElon
AMENDED CERTIFICATE OF INSUFFICIENCY
ORIGINAL AND FIRST SUPPLEMENTARY PETTTION
Pursuant to Article XI, Hawaii County Charter, the initiative petition submitted by the
SAVE OUR LAND CITIZENS' COMMITTEE, entitled "Initiative petition-amending
Chapter 2, Article 42, of the Hawaii County Code," is hereby certified and deemed to be
insufficient. The petition must contain 4,846 valid signatures to be deemed sufficient. The Save
Our Land Citizens' Committee filed a petition containing 3,001 signatures on May 17, 2006, and
a supplementary petition containing 5,781 signatures on June 16 and 19, 2006. It is determined
that a total of 3,982 signatures submitted by the Save Our Lands Citizens' Committee were
qualified and valid. This is 864 signatures below that required to be deemed sufficient.
Pursuant to Section 11-5(a) and (b), Article XI, Hawaii County Charter, the following
findings, which will be presented to the Committee as outlined herein, show the particulars
wherein the petition is not sufficient. The Save Our Land Citizens' Committee is hereby notified
that pursuant to the Section 11-5, Article XI, Hawaii County Charter:
1. The Clerk shall present this second certificate to the County Council at its
meeting on July 19, 2006, at which time the County Council shall approve or
ry 9 ~~al
Howai'i Coun is an a va u o e to er.
reject the second certificate or substitute its own determination of sufficiency of
the petition by resolution. You aze hereby notified that the review actions of the
County Council shall be final, but shall not preclude the filing of a new petition
for the same purposes.
The above is based on the applicable law, the documents received, the evaluation of the
documents conducted by my staff' and the following findings.
FINDINGS
1. The sufficiency of the petition was determined based upon the provisions of
Article XI, Hawaii County Charter; informal written and verbal opinions from the Office of the
Corporation Counsel relating to the social security number requirement, the required number of
signatures necessary to determine sufficiency, and the validation of signatures; and, to the extent
applicable and practicable, the basic procedures used to evaluate nomination papers and
qualifying political parties. Every signature line was manually evaluated by staff members from
the Election Division of the Office of the County Clerk from May 17-June 5, 2006, and
June 16-26, 2006.
2. Section 11-2(c), Hawai`i County Charter, relating to Submission Requirements,
reads as follows:
Each initiative petition and each referendum petition must be signed by qualified voters
of the county equal in number to at least fifteen percent of the total number of persons
who voted in the county for the office of the mayor in the most recent second special
election, or, if there had not been a second special election, in the last preceding general
election.
3. It is determined that the Committee needs 4,846 valid signatures of qualified
voters to be deemed sufficient based on 32,305 total votes cast for mayor in the 2004 special
election x IS% = 4,846 qualified voters.
2.
It should be noted that 57,994 electors turned out to vote in the 2004 General
Election; however, the mayor's race was determined in the first Special Election. If the General
Election voter turnout was used to calculate the required number of signatures, the required
number of qualified signatories would have been 8,699. In view of the ambiguous language of
the Charter, it was determined that the interpretation should err on the side of the petitioning
electorate by using the lower number of 4,846.
4. Section 11-3 and Section 11-4, Hawaii County Charter, read as follows:
Section 11-3. Petitioners' Committee. For each initiative or referendum petition
there shall be a petitioners' committee representing all the petitioners, which committee
shall be composed of five members who shall be qualified voters of the county and
signers of the petition. The committee shall be responsible for circulation of the petition
and for assembling and filing the petition in proper form. The committee shall have the
power to amend or withdraw the petition as provided in this charter.
Section 11-4. Initiative and Referendum Petitions: Forms and Sufficiency.
(a) Initiative and referendum petitions shall be governed by the Hiles regazding form
and sufficiency set forth in this section, as well as by such other rules as the
county council may impose by ordinance, consistent with the provisions and with
the spirit and purpose of the charter.
(b) For immediate acceptance of petitions, the clerk of the council shall require that:
(1) The petitions indicate by name and address, the five signers who constitute
the petitioners' committee for that petition.
(2) The petitions indicate the address, to which all notices for petitioners'
committee are to be sent.
(3) The signatures to petitions be filed on paper of uniform size and style and
assembled as one instrument. Upon presentation, petitions which
reasonably comply with this subsection (a) shall be accepted by the clerk
without delay; petitions shall be rejected for non-compliance.
(4) Electors signing such petition shall print their names, add their signatures,
residence addresses, social security numbers and the dates of signing on
said petition.
(c) For purposes of certification, any petition shall be found insufficient which:
(1) Is signed by less than the required number of qualified voters of the
county.
(2) Proposes, or requests appeal of, an ordinance not subject to the powers of
initiative or referendum.
(d) Signatures aze invalid and petitions insufficient:
(1) If signers are not given an opportunity to read the full text of the proposed
ordinance under an initiative petition, or the designation and description of
3
the ordinance in question under a referendum petition, and if the full text
of a proposed ordinance or ordinance under question is not contained in or
attached to each signatwe paper or set of signatwe papers of an initiative
or referendum petition, respectively, throughout circulation.
(2) If affidavits (executed by the circulators for each set of signatwe papers)
are not attached to the papers at the time of filing of petition with the clerk
of the council. Each affidavit shall attest to the effect that: a particulaz
individual personally circulated an identifiable set of papers; each paper
bears a stated number of signatwes; each signatwe on a paper was affixed
in the circulator's presence; each signatwe is the genuine signature of the
person whose name it purports to be.
(e) Individual signatwes may be withdrawn within fifteen days after the filing of an
initiative or referendum petition with the clerk of the council by the filing of a
written request therefore, by the individual, with the clerk of the council.
5. On May 17, 2006, the Save Ow Land Citizens' Committee submitted an initiative
petition consisting of 409 pages addressed to the Hawaii County Council, assembled as one
instrument, containing the full text of the ordinance proposed by the committee. A copy of the
proposed ordinance is attached as Exhibit "A" and incorporated into this certificate by reference.
6. The Save Our Land Citizens' Committee is comprised of five members who ate
qualified voters of the County and are signers of the petition:
NAME DATE/PAGE SIGNED PETITION
Deborah A. Hecht April 10, 2006/Page 0000211
Karen Clarkson May 4, 2006/Page 0000009
Wendy Scott-Vance April 17, 2006/Page 0000143
Michael L. Varney May 30, 2006/Page 0000953
Steven A. Hirakami April 20, 2006/Page 0000107
7. Each signatwe page of the petition indicated the names and addresses of the
members of the Petitioners' Committee and the address to which all notices could besent--Post
Office Box 4148, Kailua-Kona, Hawaii 96745.
8. Each signatwe page contained a space for (a) each signer to print their name as
registered to vote, (b) the signature, (c) the street address as shown on voter registration
application, (d) the date of signing, (e) the last fow social security number digits, (1) an email
a
address, and (g) birth date. A page of the petition, attached as Exhibit "B" and incorporated into
this certificate, is submitted as a sample page (with the information relating to the signers of that
page omitted.)
9. While Section 11-4(b)(4), Article XI, Hawaii County Charter, requires electors to
provide their social secwity nwnbers on the petition, it was determined that social secwity
numbers could not be legally required on the petition based on the federal privacy law.
Therefore, although not mandated, the Petitioners' Committee decided to include the option for
an elector to provide the last fow digits of the person's social security number and the person's
birth date.
10. The pages were on papers of uniform size and style and assembled as one
instrument. The instrument was submitted and reviewed in the presence of two members of the
Committee.
11. The 409 pages were time stamped, paginated, and accepted after it was
determined that each set of pages was accompanied by an Affidavit executed by the circulator of
the pages attesting to the effect that the person circulated a set of papers, each page bore a stated
number of signatures, each signatwe was affixed in the circulator's presence and each signatwe
was the genuine signature of the person whose name it purported to be. A copy of one of the
Affidavits is attached as Exhibit "C" and incorporated into this certificate by reference.
12. The 409 pages submitted were processed after it was determined, in the presence
of two members of the Committee, that a copy of the proposed ordinance (Exhibit "A") was on
the reverse side of, or attached to, each page at the time of signing. The 409 signatwe pages
contained 3,001 signatwes or names.
5
13. Of those signatures or names, a manual review was conducted of each signature
line to determine if the name and address provided by the signer matched the general register
(Statewide Voter Registration System.) Because no ordinance had been adopted to guide the
sufficiency and validation process, candidate nomination and political party petition procedures
were used to guide the validation process.
In the past, when social security numbers were required to be provided on a
petition, the Office of the County Clerk used the social security numbers as the initial method of
globally locating whether persons were registered to vote in the County of Hawaii. Without this
precise locator now, the elector's name was used to manually search the general register
(Statewide Voter Registration System).
The manual review included, but was not limited to, the following actions:
a. Every name was compared to the general register (statewide voter
registration system.) If it was determined that the name matched the name
of a duly registered Hawaii County voter, and if the residence address
matched the address in the general register, the signature was deemed
valid assuming it was properly dated.
b. Persons who were not registered through a search of the general register
were invalidated (NR).
c. The information in the column entitled "Today's Date" was checked to
confirm that the signer indicated a proper date of signing. Persons who
did not provide the date of signing, or provided an incomplete date, had
their signatures invalidated (NSD).
6
d. Further, persons who were not registered voters on the date of signing
were invalidated. Persons from whom an executed voter registration
affidavit was not received prior to or contemporaneously with the petition
signing, were invalidated as having a "prior signatwe date (PSD)" The
date check was made of every elector deemed to be a qualified voter.
e. If the signer did not provide a residence address or if a post office box was
provided, the signature was invalidated (NRA).
f. If the residence address on the petition did not match the general register
(Statewide Voter Registration System), the signature was invalidated
(RANM).
g. If the signer was a registered voter on Oahu, Maui, or Kauai, the
signatwe was invalidated (NHC).
h. If the signer did not provide a printed name, the signature was invalidated
(NPN}.
i. If the signer did not provide a complete signatwe date (day, month, year),
the signatwe was invalidated (NSD).
j. If the person did not sign the petition, the signatwe was invalidated.
k. The last fow digits of the person's social security number and the birth
date were used to properly identify duplicate voters. The duplicate (or
triplicate) name was invalidated (DUP).
1. It should be noted that some signatures may have had more than one
reason for its invalidity.
7
14. Finally, 450 randomly-selected signatures of the 3,001 signatures submitted were
compazed to those on file. No evidence was found to indicate that there was fraud or forgery.
15. Pursuant to Section 11-4(d), signers had unti14:30 p.m., Thursday, June 1, 2006,
to file a written request with the Office of the County Clerk requesting that their signature be
withdrawn. No request was received by that deadline date.
16. On June 5, 2006, a Certificate of Insufficiency, attached as Exhibit "D",
determined that the initial petition contained 1,366 signatures of qualified voters of the County.
The Certificate of Insufficiency was mailed by certified letter, return receipt on June 5, 2006, to
the Committee. The Committee received the Certificate of Insufficiency on June 7, 2006.
17. By letter dated June 8, 2006, the Save Our Land Petitioners' Committee requested
to amend the petition. Although the Committee had ten days to Saturday, June 17, 2006, to
submit additional signatures, the official date to submit the amended petition was Monday,
June 19, 2006.
18. On June 16 and June 19, 2006, the Save Our Land Petitioners' Committee
submitted an additiona1755 and 87 supplementary petition pages, respectively, for a total of
1,253 petition pages. One page (#0000589) was inadvertently stamped twice, which explains
why the last page of the petition is numbered `0001254.' Petition pages were returned to the
Committee for lack of a notarized affidavit or because of the inaccuracy of a circulator's
statement. Those pages have not been included in the supplementary total.
19. The supplementary petition contained a total of 5,781 signatories, for a total of
8,782 signatories on the petition.
20. On June 5, 2006, the Clerk received one request to withdraw the person's
signature in the supplementary petition.
8
21. One signature was later disqualified when it was found that the petition was
signed alter the circulator's attestation date.
22. The official total number of signatures examined on the petition was 8,780.
23. The supplementary petition was processed using the same procedures applied
during the initial petition described above. Two Petitioners' Committee Members observed the
intake process on June 16, 2006, and one Petitioners' Committee Member observed the intake
process on June 19, 2006.
24. 867 randomly-selected signatures of the supplementary petition were compazed to
those on file. No evidence was found to suggest fraud or forgery.
25. The term "qualified voter" is not defined in Article XI, Hawaii County Charter,
relating to Initiative and Referendum. Nevertheless, the following definition of "qualified voter"
is found in Article XII, Section 12-1.1(c), relating to Recall:
The term "qualified voter" means a person who is registered to vote in the county on the
date that the clerk begins the examination to determine the sufficiency of the signatures
on the petition.
26. During the initial validation procedures, the signature date on the petition was
compazed against the date of voter registration. If the petition was signed prior to the voter
registration date in the general register, the signature was invalidated (PSD). After legal
examination of the definition of "qualified voter", it was determined that as long as the person
had registered to vote when the petition was examined against the general register by the Office
of the County Clerk, the signature should be validated. Thus, all signatures falling only under
the "Prior Signature Date" criteria in both original and supplementary petitions were added to the
valid signature total.
9
27. Based upon a thorough and comprehensive examination of each signatory against
the general register (Statewide Voter Registration System), the voter registration information on
file, applicable law and procedures, I find the following relating to the validity of the signatures
submitted:
Total Signatures Required for Sufficiency 4,846
Total Signatures Submitted 8,782
Total Signatures Withdrawn At Signatory's Request -1
Total Signatures Invalidated Due To Discrepancies with -1
Circulator's Affidavit and Signatory's Date
Total Net Signatures Examined 8,780
Total Valid Signatures (includes 113 PSD Signatures) 3,982
Total Invalid Signatures 4,728
Additional Signatures Still Required for Sufficiency 864
Reasons for Invalidity***
Total Duplicate Signatures 185
Number ofSignatures - No Residence Address (NRA) 500
Number of Signatures -Residence Address No Match (RANM) 1,578
Number of Signatures -Not Hawaii County (NHC) 68
Number of - No Printed Name (NPN) 3
Number of Signatures - No Signature Date (NSD) 508
Number of Signatures -Duplicate (DUP) I85
Number ofSignatures -Missing (NS) 8
***Some signatures may have had more than one reason for invalidity.
10
Number of Signatures -Duplicate (DUP) 185
Number of Signatures -Missing (NS) 8
***Some signatures may have had more than one reason for invalidity.
CONCLUSION
It is determined that the petition submitted by Save Our Land Citizens' Committee
contains 3,982 valid signatures, which is 864 signatwes below the required 4,846 signatures
required for sufficiency.
A Certificate of Insufficiency is hereby issued in accordance with Section 11-5, Hawaii
County Charter.
A representative of the Committee will be invited by telephone, upon the signing and
filing of this certificate, to pick up a copy of this certificate. This certificate will be mailed to
Post Office Box 4148, Kailua-Kona, Hawaii 96745 by regulaz mail and by certified or registered
mail, return receipt requested. The certificate will also be emailed to Petition Committee
Member Debbie Hecht. Copies of this certificate will be made available to the public on the day
it is signed and filed after an initial attemptiis made to contact the Committee by telephone.
DATED at Hilo, Hawaii, this day of July, 2006.
~Iit~~tatu.~ ,Ll,~c
CONSTANCE R. KIRIU
COUNTY CLERK, COUNTY OF HAWAII
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CONSTANCE R. ICIRIU WII.LIAM E. SMITH
County Clerk Deputy County Clerk
n+'oi'e~'y
OFFICE OF THE COUNTY CLERK
Elections Division
County of Hawaii
Hawaii County Building
` 25 Aupuni Street
Hilo, Hawaii 96720
In the Matter of the )
Initiative Petition of ) CERTIFICATE OF INSUFFICIENCY;
Save Our Land Citizen's ) EXHIBITS "A", "B", "C"
Committee )
CERTIFICATE OF INSUFFICIENCY
Pursuant to Article XI, Hawaii County Charter, the initiative petition submitted by the
SAVE OUR LAND CITIZENS' COMMPI"TEE, entitled: "Initiative petition-amending
Chapter 2, Article 42, of the Hawaii County Code", is hereby certified and deemed to be
insufficient. The petition was deemed insufficient on June 5, 2006 on the grounds that the
petition "is signed by less than the required number of qualified voters of the County." The
petition must contain 4,846 valid signatures to be deemed sufficient. The petition filed on
May 17, 2006, contained 3,001 signatures. The petition is deemed to contain 1,366 signatures
of qualified voters of the County. This number is 3,480 signatures of qualified voters less than
required.
Pursuant to Section 11-5(a) and (b), Article XI, Hawaii County Charter, the following
findings, which will be presented to the committee as outlined herein, show the particulars
wherein the petition is not sufficient. The Save Our Land Citizens' Committee is hereby
notified that pursuant to the Section 11-5, Article XI, Hawaii County Charter:
1. If a majority of the committee elects to amend the petition, you must notify the
Clerk. If not, you are hereby notified that the Clejrk~ shall present this certificate to
Hawaii County is an equal opportunity provider angrn~iy}~ ~ g i T D
the County Council at its meeting on July 7, 2006, at which time you may request
that the County Council approve or reject the certificate or substitute its own
determination of sufficiency of the petition by resolution. You aze hereby notified
that the review actions of the County Council shall be final.
2. The committee may elect to file a supplementary petition upon additional papers
within ten days following receipt of this certificate.
The above is based on the applicable law, the documents received, the evaluation of the
documents conducted by my staff and the following findings.
FINDINGS
1. The sufficiency of the petition was determined based upon the provisions of
Article XI, Hawaii County Charter; informal written and verbal opinions from the Office of the
Corporation Counsel relating to the social security number requirement, the required number of
signatures necessary to determine sufficiency, and the validation of signatures; and, to the extent
applicable and practicable, the basic procedures used to evaluate nomination papers, Every
signature line was manually evaluated by staff members from the Elections Division of the
Office of the County Clerk.
2. On May 17, 2006, The Save Our Land Citizens' Committee submitted an
initiative petition consisting of 409 pages addressed to the Hawai `i County Council, assembled
as one instrument, containing the full text of the ordinance proposed by the committee. A copy
of the proposed ordinance is attached as Exhibit "A" and incorporated into this certificate by
reference.
2
3. The Save Our Land Citizens' Committee is comprised of five members who are
qualified voters of the County and, with the exception of one committee member who did not
sign the petition as submitted, are signers of the petition:
NAME DA"I'E/PAGE SIGNED PETTTION
Deborah A. Hecht April 10, 2006/Page 0000211
Karen Clarkson May 4, 2006/Page 0000009
Wendy Scott-Vance April 17, 2006/Page 0000143
Michael L. Varney Signature not on petition
Steven A. Hirakami April 20, 2006/Page 0000107
4. Each signature page of the petition indicated the names and addresses of the
members of the petitioners' committee and the address to which all notices could be sent--Post
Office Box 4148, Kailua-Kona, Hawaii 96745.
5. Each signature page contained a space for (a) each signer to print their name as
registered to vote, (b) the signature, (c) the street address as shown on voter registration
application, (d) the date of signing, (e) the last four social security number digits, (fj an email
address, and (g) birthdate. A page of the petition, attached as Exhibit "B" and incorporated into
this certificate, is submitted as a sample page (with the information relating to the signers of that
page omitted.)
While Section 11-4(b)(4), Article XI, Hawaii County Charter, requires electors to print
their names, add their signatures, residence addresses, social security numbers and the date on
said petition, it was determined that social security numbers could not be legally required on the
petition based on the federal privacy law. Therefore, although not mandated, the petitioners'
committee decided to include the option for an elector to provide the last four digits of the
person's social security number and the person's birthdate.
3
6. The pages were on papers of uniform size and style and assembled as one
instrument. The instrument was submitted and reviewed in the presence of two members of the
committee..Pursuant to Section 11-4(b)(3), Article XI, Hawaii County Charter, which states:
Upon presentation, petition which reasonably comply with this subsection (a) shall be
accepted by the clerk without delay; petitions shall be rejected for non-compliance.
The pages deemed acceptable were received for processing.
7. The 409 pages submitted were accepted after it was determined that each set of
pages was accompanied by an Affidavit executed by the circulator of the pages attesting to the
effect that the person circulated a set of papers, each page bears a stated number of signatures,
each signature was affixed in the circulator's presence and each signature is the genuine
signature of the person whose name is purports to be. A copy of one of the Affidavits is attached
as Exhibit "C" and incorporated into this certificate by reference.
8. The 409 pages submitted were processed after it was determined, in the presence
of two members of the committee, that a copy of the proposed ordinance (Exhibit "A") was on
the reverse side of each page at the time of siening.
9. After reviewing Section 11-2(c), Article XI, Hawaii County Charter, and after
obtaining an opinion from the Office of the Corporation Counsel, it is determined that the
committee needs 4,846 valid signatures of qualified voters to be deemed sufficient based on the
following computation:
32,305 Total Votes Cast for Mayor in 2004 Special Election x 15%=4,846 Qualified Voters
It should be noted that there were also 1,002 "blank" votes, which contained no votes for
any mayoral candidate and 1 "over" vote, which contained votes for more than one candidate for
mayor. The "blank" votes and "over" vote were not counted in computing the total necessary
signatures of qualified voters.
4
10. The 409 signature pages contained 3,001 signatures or names. Of those
signatures or names, a manual review was conducted of each signature line to determine if the
name and address provided by the signer matched the general register (statewide voter
registration system.) In the past, when social security numbers were required to be provided on a
petition, the Office of the County Clerk used the social security numbers as the initial method of
globally locating whether persons were registered to vote in the County of Hawaii. Without this
precise locator, the elector's name was used to manually search the general register (statewide
voter registration system.)
The manual review included, but was not limited to, the following actions:
a. The information in the column entitled "Today's Date" was checked to
confirm that the signet indicated a proper date of signing. Persons who did not provide
the date of signing, or provided an incomplete date, had their signatures invalidated.
Further, persons who were not registered voters on the date of signing were invalidated.
Persons from whom an executed voter registration affidavit was not received prior to or
contemporaneously with the petition signing, were invalidated as having a "prior
signature date." The date check was made of every elector deemed to be a qualified
voter.
b. Every name was compared to the general register (statewide voter
registration system.) If it was determined that the name matched the name of a duly
registered Hawai `i County voter, and if the residence address matched the address in the
general register, the signature was deemed valid assuming it was properly dated.
c. The last four digits of the person's social security number and the
bir[hdate were used to properly identify duplicate voters.
5
d. Finally, 450 randomly-selected signatures of the 3,001 signatures
submitted were compared to those on file. No evidence to indicate fraud or forgery was
found.
11. Pursuant to Section 11-4(d), signers had unti14:30 p.m., Thursday, June 1, 2006,
to file a written request with the Office of the County Clerk requesting that their signature be
withdrawn. No requests were received by that deadline.
12. Based on the manual review of the signatures submitted, the voter registration
information on file and applicable law, I find the following relating to the validity of the
signatures submitted:
Total Signatures Required for Sufficiency 4,846
Total Signatures Submitted 3,001
'total Signatures Valid 1,366
Total Signatures Invalid 1,635
Additional Signatures Still Required for Sufficiency 3,480
***Reusons fur Invalidity:
Number of Signatures -Not Registered (NR) 615
Number of Signatures - No Residence Address (NRA) 229
Number of Signatures -Residence Address No Match (RAN1Vl] 517
Number of Signatures -Not Hawaii County (NHC) 26
Number of - No Printed Name (NPN) 2
Number of Signatures - No Signature Date (NSD) 332
Number of Signatures -Prior Signature Dale (PSD) 26
6
Number of Signatures -Duplicate (DUP) ?0
Number of Signatures -Missing (NS) 5
***Some signatures may have had more than one reason for invalidity.
13. A representative of the committee will be invited by telephone, upon the signing
and filing of this certificate, to pick up a copy of this certificate. This certificate will be mailed
to Post Office Box 4148, Kailua-Kona, Hawai `i 96745 by regulaz mail and by certified or
' registered mail, return receipt requested. The certificate will also be emailed to petition
committee member Debbie Hecht. Copies of this certificate will be made available to the pablic
on the day it is signed and filed after an initial attempt is made to contact the committee by
telephone.
DATED at Hilo, Hawaii, this ~ day of June, 2006.
IP
CONSTANCE R. KIl2IU
COUNTY CLERK, COUNTY OF HAWAII
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