HomeMy WebLinkAboutCOM 1056.002 2006-2008
~v,or y._
Phone: (808)326-5421
BRENDA J FORD Fax: (808)329-4786
Council Member E-Mail: bford@co.hawaii.hi.us
District 7 - Central Kona o
HAWAII COUNTY COUNCIL
County of Hawaii
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawaii 96740
DATE: March 10, 2008
TO: Pete Hoffmann, Chairperson,
and Members of the Hawaii County Council ~i
FROM: Brenda J. Ford, Council Member,
SUBJECT: Transmitting Four Proposed Amendments to Bill 257, Relating to a Charter
Amendment to Article XI - Initiative and Referendum
Attached please find four separate proposed amendments to Bill 257, relating to a Charter
amendment to Article XI - Initiative and Referendum. For illustrative purposes, proposed
amendments to the existing language of Bill 257, have been bolded and ramseyered below.
I request that each of these four proposed amendments be deliberated and duly voted on
individually.
1. Item one proposes amendments to sections 11-1, 11-4, 11-7, and 11-8 of the proposed
amendments to the charter, as well as SECTION 5 of Bill 257. As amended, these provisions
would read as follows:
"Section 11-1. Powers of Initiative and Referendum.
(a) The power of voters to propose ordinances or to amend existing
ordinances shall be the initiative power.
(b) The power of voters to approve or reject ordinances by election shall be
the referendum power."
"Section 11-4. Initiative and Referendum Process
(a) The clerk shall provide the committee with a sample petition form upon
request.
Comm. No. • R
Serving the Interests of the People of Our Island Ref. To:
Ref. Date MAR 1 9nna
Aawat`i County Is An Eaual Opportunity Provider And Em0/over ^
March 10, 2008
Page 2
(b) Prior to circulating an initiative or referendum petition, the committee
shall give notice to the clerk of the following:
(1) The names and addresses of the committee members as they
appear on the general county register, the committee's designated
representative, and the address to which all notices shall be sent;
(2) For an initiative, a completed petition form identifying the
ordinance to be modified or introduced, along with the proposed
language for the petition;
(3) For a referendum, a completed petition form identifying the
ordinance or part of an ordinance to be repealed; and
(4) A proposed ballot title, ballot question, and an objective ballot
summary.
(c) For purposes of this article, notice shall be in writing and sent via United
States mail, return receipt requested or delivered in person, provided both
the sender and receiver sign and date a receipt. The date of receipt will be
the date the recipient's signature was affixed or ten days after the
postmarked date, whichever occurs first.
(d) Within ten working days of receipt of the notice in 11-4(b), the clerk shall
give notice to the committee that the proposed petition form, ballot title,
ballot question, and ballot summary are acceptable or shall propose
alternative language.
(e) If the proposed language is acceptable, the clerk shall give the committee
notice of acceptance and the language shall be final.
(f) If the clerk proposes alternative language, the clerk shall give the
committee notice of the proposed language within `en working d",s
reeeipt of the alter-native If the committee obiects to the
alternate language, the committee shall send a notice to the clerk of its
objections and submit a revised petition form, ballot title, ballot question
and ballot summary to the clerk within ten working days of receipt of
the alternative language. The clerk shall accept the proposed revision as
the final language.
(g) If the language of the proposed ordinance is found to be within the
power of initiative or referendum of the County of Hawaii, [Mlithin]
within five working days of finalization of the petition form, ballot title,
ballot question and ballot summary, the clerk shall:
(1) Submit them to the council for informational purposes utilizing the
council's rules and procedures; and
(2) Give notice to the committee of:
(A) The final petition form, ballot title, ballot question, and
ballot summary;
March 10, 2008
Page 3
(B) The deadline date set by the State of Hawaii Elections
Office for the submission of the ballot title, ballot question,
and ballot summary; [and]
(C) The number of signatures required for a certificate of
sufficiency and
JM A timeline that gives dates at which submissions and
specific actions shall occur.
(h) Within thirty working days after the filing of an initiative or referendum
petition, the clerk shall complete a certificate as to the sufficiency of the
petition. During this thirty day period, the committee may continue to
gather signatures.
(i) As soon as a certificate is completed, the clerk shall notify the committee
of the contents of the certificate. If a petition is certified sufficient, the
clerk shall present the certificate to the county council at the first council
meeting where it can be legally agendized.
Q) If the clerk certifies a petition insufficient, the certificate shall show the
particulars wherein the petition is defective. If a majority of the committee
chooses to continue to collect signatures,
then the committee shall within twenty working days after receipt of the
clerk's certificate of insufficiency, file a supplemental petition. The
supplemental petition shall be governed by the same requirements as the
original petition.
(k) Within fifteen working days from the filing of a supplemental petition, the
clerk shall complete a second certificate as to the sufficiency of the
supplemental petition. Thereafter, the procedural requirements for the
supplemental petition shall be the same as that for the original petition.
(1) If a majority of the committee does not [eleet] choose to amend a petition
or collect additional signatures, the clerk shall present the certificate to
the county council at the first council meeting where it can be legally
agendized. A petition is approved for consideration through council
action upon the clerk's certificate of sufficiency.
/
eler-k presents the eer-tifleate to the The clerk shall present
the certificate to the council at the earliest meeting at which the
certificate can be legally agendized. The council shall review the latest
clerk's certificate, upon the committee's request, and shall approve or
reject the certificate or may substitute its own determination of sufficiency
of the petition by resolution. The review actions of the council shall be
final but shall not preclude the filing of a new petition for the same
purposes.
March 10, 2008
Page 4
(n) The council shall proceed immediately to consider an initiative or
referendum petition which has been determined sufficient in accordance
with the provisions of this article. If an initiative petition is concerned, the
ordinance it proposes shall at once be introduced subject to the procedures
required for ordinances under this charter; however, not more than sixty
days shall elapse between the time of first reading of the initiative
proposal as a bill and completion of consideration to adopt, amend, or
reject the same. If a referendum petition is concerned, the ordinance to
which that petition is directed shall be reconsidered by the council; and not
later than thirty days after the date on which the petition was determined
sufficient, the council shall by resolution repeal or sustain the ordinance.
(o) If the council fails to adopt an initiative proposal or adopts a proposal with
an amendment unfavorable to a majority of the committee, or if the
council fails to repeal an ordinance reconsidered pursuant to a referendum
petition [within], [it] the clerk shall submit the [erigif'"'.epesed
final language approved by the petitioner's committee with its
appropriate ballot title and ballot language to the voters of the county
at the next general election. The ballot for such measures shall contain [an
objeeti e] the final ballot summary [of the subst......e of t7......... sur-..1
and shall have below the ballot title designated spaces in which to marks
the ballot FOR or AGAINST the measure.
(p) The clerk shall publish the ballot title, ballot question, ballot summary and
arguments for and against the measure in the Sunday paper of two Hawaii
Island daily papers with the largest circulation, for the three Sundays
preceding the election. The committee shall be given the opportunity to
write the argument in favor of the measure. If a group of five qualified
[eleeters] voters of Hawaii County give notice to the clerk that they
wish to write the arguments against the measure, the clerk shall publish
their arguments. Both sets of arguments shall be published in the same
papers, on the same page, on the same days, utilizing the same size print.
The names and addresses of the committee and the opposing group as they
appear on the general county register for the County of Hawaii shall
appear in the publication."
"Section 1144111-6. Withdrawal of Petition.
A petitioners' committee may withdraw a petition at any time, but not
later than the thirtieth day immediately preceding the day scheduled for a vote in
the county on a measure concerned. A petitioners' committee shall be requested
to withdraw its petition and the committee must comply, if the aims of the petition
are resolved by intermediate council action to the satisfaction of the committee
such that the initiative proposal is adopted as an ordinance, or that the ordinance
reconsidered by the referendum petition is repealed. A written request for petition
March 10, 2008
Page 5
withdrawal must be signed by four of the five members of the petitioners'
committee and filed with the council clerk. The filing of a withdrawal
immediately cancels the petition and ceases all further action for the
accommodation of the petition by the county."
"Section [44-8111-7. Results of Election.
(a) A "no" vote shall be a negative response. A non-vote, where there is no
response, shall not be counted affirmatively or negatively.
(b) If a majority of the voters voting upon a proposed initiative ordinance
shall vote in favor of it, the ordinance involved shall thereupon be an
ordinance of the county once the election is certified or be effective as of
the date stated in the initiative measure. A proposed initiative
ordinance which is not approved by a majority of the voters voting on it
shall thereupon [he repealed] fail.
(c) If a majority of the voters voting upon a proposed referendum
ordinance shall vote in favor of it, the ordinance involved shall
thereupon be repealed once the election is certified or be repealed as
of the date stated in the referendum measure. A proposed
referendum ordinance which is not approved by a majority of the
voters voting on it shall thereupon fail."
"SECTION 5. The charter amendment proposed in this ordinance shall
take effect upon its approval by a majority of voters voting on this legislation in
the 2008 general election."
2. Item two proposes amendments to section I 1-5 of the proposed amendments to the
Charter. As amended, theses provisions would read as follows:
"Section 11-5.Initiative and Referendum Petitions: Forms and Sufficiency.
(a) Initiative and referendum petitions shall be governed by the rules
regarding 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 acceptance of petitions, the clerk shall require that:
(1) The petitions indicate by name and address as they appear on the
° eral , my _ for the County of Hawa:`:,] the five
members of the committee for that petition by name and address as
March 10, 2008
Page 6
they appear on the general county register for the County of
Hawaii.
(2) The petitions indicate the designated representative for the
committee and the address to which all notices for the committee
are to be sent.
(3) The signatures to petitions be filed on papers of uniform size and
style and assembled as one instrument.
(4) [Hleetefs] Each elector signing such petitions shall print their
[narr:es] name, add their [signatures] signature, [resideenpp~
°ddfesses] residence or mailing address, month and day of their
birth date and the [dates] month, day, and year of signing on said
petition. The information provided by the signer of the petition
shall be deemed acceptable if the clerk [deeFAs the signaltif aT
°ted name and the residence] judges three of the four following
qualifiers to be reasonably similar to the information on the general
register of the County of Hawaii: name, signature, residence or
mailing address, and the month and day of their birth date.
(5) The petition contain a prominent notice stating whether one or
more petition circulators are to be paid. Paid means monetary
payment or payment of goods or services. Pay for petition
circulators shall not be based on the number of signatures
collected.
(6) The petition contain the ballot title and the ballot question.
(7) Each page of the completed petition form shall be numbered
consecutively.
(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 are 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 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 signature
paper or set of signature papers of an initiative or referendum
petition, respectively, throughout circulation.
March 10, 2008
Page 7
(2) If written statements (executed by the circulators for each set of
signature papers) are not attached to the papers at the time of filing
of a petition with the clerk. Each written statement shall attest
that: a particular individual personally circulated an identifiable set
of signed petitions; each signed petition bears a stated number of
signatures; each signature on a petition was affixed in the petition
circulator's presence; each signature is the genuine signature of the
person whose name it purports to be; and the full text of the
proposed measure was made available to petition signers.
(e) Individuals may withdraw their signatures by submitting a written request
to the clerk within fifteen days after the filing of an initiative or
referendum petition."
3. Item three proposes an amendment to section 11-5 of the proposed amendments to the
Charter. As amended this provision would read as follows:
"Section 11-5.Initiative and Referendum Petitions: Forms and Sufficiency.
(a) Initiative and referendum petitions shall be governed by the rules
regarding 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 acceptance of petitions, the clerk shall require that:
(1) The petitions indicate, by name and address as they appear on the
general county register for the County of Hawaii, the five
members of the committee for that petition.
(2) The petitions indicate the designated representative for the
committee and the address to which all notices for the committee
are to be sent.
(3) The signatures to petitions be filed on papers of uniform size and
style and assembled as one instrument.
(4) Electors signing such petitions shall print their names, add their
signatures, residence addresses, and the dates of signing on said
petition. The information provided by the signer of the petition
shall be deemed acceptable if the clerk deems the signature,
printed name and the residence to be reasonably similar to the
information on the general register of the County of Hawaii.
(5) The petition contain a prominent notice stating whether one or
more petition circulators are to be paid. Paid means monetary
payment or payment of goods or services. Pay for petition
March 10, 2008
Page 8
circulators shall not be based on the number of signatures
collected.
(6) The petition contain the ballot title and the ballot question.
(7) Each page of the completed petition form shall be numbered
consecutively.
(c) For purposes of certification, any petition shall be found insufficient [whieh]
that:
(1) Is signed by less than [the « red number of qualified yatefs Of
the eoun ] ten percent of the voters who voted in the last Mayoral
election.
(2) Proposes, or requests appeal of, an ordinance not subject to the
powers of initiative or referendum.
(d) Signatures are 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 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 signature
paper or set of signature papers of an initiative or referendum
petition, respectively, throughout circulation.
(2) If written statements (executed by the circulators for each set of
signature papers) are not attached to the papers at the time of filing
of a petition with the clerk. Each written statement shall attest
that: a particular individual personally circulated an identifiable set
of signed petitions; each signed petition bears a stated number of
signatures; each signature on a petition was affixed in the petition
circulator's presence; each signature is the genuine signature of the
person whose name it purports to be; and the full text of the
proposed measure was made available to petition signers.
(e) Individuals may withdraw their signatures by submitting a written request
to the clerk within fifteen days after the filing of an initiative or
referendum petition."
4. Item four proposes amendments to section 11-8 of the proposed amendments to the
Charter. The proposed subsections for addition are left undesignated, due to a previously
proposed addition to section 11-8 (Item one). As amended, these provisions would read as
follows:
March 10, 2008
Page 9
"Section [44-8111-7. Results of Election.
(a) A "no" vote shall be a negative response. A non-vote, where there is no
response, shall not be counted affirmatively or negatively.
(b) If a majority of the voters voting upon a proposed initiative ordinance
shall vote in favor of it, the ordinance involved shall thereupon be an
ordinance of the county. A proposed initiative ordinance which is not
approved by a majority of the voters on it shall thereupon be repealed.
Ordinances passed using Article XI, Initiative and Referendum, shall
not be repealed or amended for at least 3 years from the date of
election approval, except by six votes of the Hawaii County Council.
O Leeislation passed by this article shall not be subject to veto by the
Mayor."
Each separate item has been incorporated into the attached proposed draft of Bill 257, Draft 2.
Bolding was maintained for illustrative purposes. For proposed amendments to section 11-8 of
proposed amendments to the Charter, subsection lettering will be revised to reflect those
proposed amendments that are approved by the Public Works and Intergovernmental Relations
Committee.
Please number this memorandum as a communication and provide to the Public Works and
Intergovernmental Relations Committee members for the March 11, 2008 meeting.
Thank you.
BJF
Att.
ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE XI OF THE
HAWAII COUNTY CHARTER (2000), RELATING TO INITIATIVE AND
REFERENDUM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article XI, Hawaii County Charter (2000), is repealed in its entirety.
SECTION 2. The Hawaii County Charter (2000), is amended by adding a new article, to be
numbered Article XI, and to read as follows:
"ARTICLE XI
INITIATIVE AND REFERENDUM
Section 11-1. Powers of Initiative and Referendum.
(a) The power of voters to propose ordinances or to amend existing ordinances shall be the
initiative power.
(b) The power of voters to approve or reject ordinances by election shall be the referendum
power.
Section 11-2. Definitions.
As used in this article, unless the context otherwise requires:
"Ballot Question" means an interrogative statement that plainly phrases the chief purpose of
the initiative or referendum so that an affirmative response corresponds to a "yes" vote.
"Ballot summary" means a concise, impartial explanation of the measure and its major effects.
"Ballot title" means a brief phrase identifying the subject of the initiative or referendum.
"Circulators" means adults who circulate copies of the petition among registered voters for
signature.
"Clerk" means the clerk of the Hawaii County Council.
"Committee" means the petitioners' committee formed pursuant to section 11-3.
"Petition form" means a petition without voter signatures and other voter identifying information.
"Petition or signed petition" means the petition form containing the voters' signatures and
other voter identifying information, the ballot title, ballot question, and ballot summary.
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. There shall
be a committee chair who will be responsible for sending and receiving all communications
between the clerk and the committee. The committee shall have the power to amend or withdraw
the petition as provided in this charter.
Section 11-4. Initiative and Referendum Process
(a) The clerk shall provide the committee with a sample petition form upon request.
(b) Prior to circulating an initiative or referendum petition, the committee shall give notice to
the clerk of the following:
(1) The names and addresses of the committee members as they appear on the general
county register, the committee's designated representative, and the address to
which all notices shall be sent;
(2) For an initiative, a completed petition form identifying the ordinance to be
modified or introduced, along with the proposed language for the petition;
(3) For a referendum, a completed petition form identifying the ordinance or part of
an ordinance to be repealed; and
(4) A proposed ballot title, ballot question, and an objective ballot summary.
(c) For purposes of this article, notice shall be in writing and sent via United States mail,
return receipt requested or delivered in person, provided both the sender and receiver sign
and date a receipt. The date of receipt will be the date the recipient's signature was
affixed or ten days after the postmarked date, whichever occurs first.
(d) Within ten working days of receipt of the notice in 11-4(b), the clerk shall give notice to
the committee that the proposed petition form, ballot title, ballot question, and ballot
summary are acceptable or shall propose alternative language.
(e) If the proposed language is acceptable, the clerk shall give the committee notice of
acceptance and the language shall be final.
(f) If the clerk proposes alternative language, the clerk shall give the committee notice of the
proposed language. If the committee objects to the alternate language, the
committee shall send a notice to the clerk of its objections and submit a revised petition
form, ballot title, ballot question and ballot summary to the clerk within ten working
days of receipt of the alternative language. The clerk shall accept the proposed
revision as the final language.
(g) If the language of the proposed ordinance is found to be within the power of
initiative or referendum of the County of Hawaii, within five working days of
finalization of the petition form, ballot title, ballot question and ballot summary, the clerk
shall:
(1) Submit them to the council for informational purposes utilizing the council's rules
and procedures; and
(2) Give notice to the committee of.
(A) The final petition form, ballot title, ballot question, and ballot summary;
2
(B) The deadline date set by the State of Hawaii Elections Office for the
submission of the ballot title, ballot question, and ballot summary;
(C) The number of signatures required for a certificate of sufficiency; and
(D) A timeline that gives dates at which submissions and specific actions
shall occur.
(h) Within thirty working days after the filing of an initiative or referendum petition, the
clerk shall complete a certificate as to the sufficiency of the petition. During this thirty
day period, the committee may continue to gather signatures.
(i) As soon as a certificate is completed, the clerk shall notify the committee of the contents
of the certificate. If a petition is certified sufficient, the clerk shall present the certificate
to the county council at the first council meeting where it can be legally agendized.
(j) If the clerk certifies a petition insufficient, the certificate shall show the particulars
wherein the petition is defective. If a majority of the committee chooses to continue to
collect signatures, then the committee shall within twenty working days after receipt of
the clerk's certificate of insufficiency, file a supplemental petition. The supplemental
petition shall be governed by the same requirements as the original petition.
(k) Within fifteen working days from the filing of a supplemental petition, the clerk shall
complete a second certificate as to the sufficiency of the supplemental petition.
Thereafter, the procedural requirements for the supplemental petition shall be the same as
that for the original petition.
(1) If a majority of the committee does not choose to amend a petition or collect additional
signatures, the clerk shall present the certificate to the county council at the first council
meeting where it can be legally agendized. A petition is approved for consideration
through council action upon the clerk's certificate of sufficiency.
(m) The clerk shall present the certificate to the council at the earliest meeting at which
the certificate can be legally agendized. The council shall review the latest clerk's
certificate, upon the committee's request, and shall approve or reject the certificate or
may substitute its own determination of sufficiency of the petition by resolution. The
review actions of the council shall be final but shall not preclude the filing of a new
petition for the same purposes.
(n) The council shall proceed immediately to consider an initiative or referendum petition
which has been determined sufficient in accordance with the provisions of this article. If
an initiative petition is concerned, the ordinance it proposes shall at once be introduced
subject to the procedures required for ordinances under this charter; however, not more
than sixty days shall elapse between the time of first reading of the initiative proposal as a
bill and completion of consideration to adopt, amend, or reject the same. If a referendum
petition is concerned, the ordinance to which that petition is directed shall be
reconsidered by the council; and not later than thirty days after the date on which the
3
petition was determined sufficient, the council shall by resolution repeal or sustain the
ordinance.
(o) If the council fails to adopt an initiative proposal or adopts a proposal with an amendment
unfavorable to a majority of the committee, or if the council fails to repeal an ordinance
reconsidered pursuant to a referendum petition the clerk shall submit the final language
approved by the petitioner's committee with its appropriate ballot title and ballot
language to the voters of the county at the next general election. The ballot for such
measures shall contain the final ballot summary and shall have below the ballot title
designated spaces in which to mark the ballot FOR or AGAINST the measure.
(p) The clerk shall publish the ballot title, ballot question, ballot summary and arguments for
and against the measure in the Sunday paper of two Hawaii Island daily papers with the
largest circulation, for the three Sundays preceding the election. The committee shall be
given the opportunity to write the argument in favor of the measure. If a group of five
qualified voters of Hawaii County give notice to the clerk that they wish to write the
arguments against the measure, the clerk shall publish their arguments. Both sets of
arguments shall be published in the same papers, on the same page, on the same days,
utilizing the same size print. The names and addresses of the committee and the opposing
group as they appear on the general county register for the County of Hawaii shall
appear in the publication.
Section 11-5. Initiative and Referendum Petitions: Forms and Sufficiency.
(a) Initiative and referendum petitions shall be governed by the rules regarding 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 acceptance of petitions, the clerk shall require that:
(1) The petitions indicate the five members of the committee for that petition by
name and address as they appear on the general county register for the
County of Hawaii.
(2) The petitions indicate the designated representative for the committee and the
address to which all notices for the committee are to be sent.
(3) The signatures to petitions be filed on papers of uniform size and style and
assembled as one instrument.
(4) Each elector signing such petitions shall print their name, add their signature,
residence or mailing address, month and day of their birth date, and the
month, day, and year of signing on said petition. The information provided by
the signer of the petition shall be deemed acceptable if the clerk three of the four
following qualifiers to be reasonably similar to the information on the general
register of the County of Hawaii: name, signature, residence or mailing
address, and the month and day of their birth date.
4
(5) The petition contain a prominent notice stating whether one or more petition
circulators are to be paid. Paid means monetary payment or payment of goods or
services. Pay for petition circulators shall not be based on the number of
signatures collected.
(6) The petition contain the ballot title and the ballot question.
(7) Each page of the completed petition form shall be numbered consecutively.
(c) For purposes of certification, any petition shall be found insufficient that:
(1) Is signed by less than ten percent of the voters who voted in the last Mayoral
election.
(d) Signatures are 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 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 signature paper or set of signature papers of an initiative or referendum
petition, respectively, throughout circulation.
(2) If written statements (executed by the circulators for each set of signature papers)
are not attached to the papers at the time of filing of a petition with the clerk.
Each written statement shall attest that: a particular individual personally
circulated an identifiable set of signed petitions; each signed petition bears a
stated number of signatures; each signature on a petition was affixed in the
petition circulator's presence; each signature is the genuine signature of the
person whose name it purports to be; and the full text of the proposed measure
was made available to petition signers.
(e) Individuals may withdraw their signatures by submitting a written request to the clerk
within fifteen days after the filing of an initiative or referendum petition.
Section 11-6. Withdrawal of Petition.
A petitioners' committee may withdraw a petition at any time, but not later than the
thirtieth day immediately preceding the day scheduled for a vote in the county on a measure
concerned. A petitioners' committee shall be requested to withdraw its petition and the
committee must comply, if the aims of the petition are resolved by intermediate council action to
the satisfaction of the committee such that the initiative proposal is adopted as an ordinance, or
that the ordinance reconsidered by the referendum petition is repealed. A written request for
petition withdrawal must be signed by four of the five members of the petitioners' committee
and filed with the council clerk. The filing of a withdrawal immediately cancels the petition and
ceases all further action for the accommodation of the petition by the county.
5
Section 11-7. Results of Election.
(a) A "no" vote shall be a negative response. A non-vote, where there is no response, shall
not be counted affirmatively or negatively.
(b) If a majority of the voters voting upon a proposed initiative ordinance shall vote in favor
of it, the ordinance involved shall thereupon be an ordinance of the county once the
election is certified or be effective as of the date stated in the initiative measure. A
proposed initiative ordinance which is not approved by a majority of the voters voting on
it shall thereupon fail.
(c) If a majority of the voters voting upon a proposed referendum ordinance shall vote
in favor of it, the ordinance involved shall thereupon be repealed once the election is
certified or be repealed as of the date stated in the referendum measure. A
proposed referendum ordinance which is not approved by a majority of the voters
voting on it shall thereupon fail.
Ordinances passed using Article XI, Initiative and Referendum, shall not be
repealed or amended for at least 3 years from the date of election approval, except
by six votes of the Hawaii County Council.
Legislation passed by this article shall not be subject to veto by the Mayor."
SECTION 3. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect 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 declared to be severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution, shall
provide that this amendment be submitted to the electorate of Hawaii County for approval at the
2008 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon its
approval by a majority of voters voting on this legislation in the 2008 general election.
6