2004-03 Council Member Term Limits Article III, Section 3-2, Hawaii County Charter

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Y ballots are printed. On other hand, if a person is considered to be on the ballot inappropriately, the electorate can affirm its intent by refusing to elect that person. VI. Exclusion vs. Inclusion This particular issue has implications beyond the constitutional rights of politicians. This office has consistently taken the positions that: 1) doubts relating to election laws should be resolved in favor of protecting the constitutional rights of individuals; and 2) ambiguities in the law should be resolved by placing issues and candidates on the ballot and having the voters decide what is properly before them. The present policy of construing doubts in favor of ballot access is consistent with principles dating back to the original drafting of the United States Constitution. The drafters of the United States Constitution considered and rejected term limits because of their belief that excluding persons from holding office is not conducive to democracy. The United States Supreme Court in U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) , referred to the drafters' discomfort with exclusionary , provisions. The Court included in their decision James Madison's comments from the 1787 Federal Constitutional Convention: A republic may be converted into an aristocracy or oligarchy as well as by limiting the number capable of being elected, as the number authorised to elect. The subject issue presents the opportunity for this office to retain its present philosophy or to adopt new, more restrictive policies relating to ballot access. Such a change would not seem consistent with fundamental constitutional principles and recent trends favoring inclusion over exclusion. Findings: 1. On December 12, 1994, Councilman James Rath introduced Bill No. 5, which proposed an amendment to Section 3-2, Article III, of the Hawaii County Charter, entitled, "Terms and Composition, " to add the words: The terms of the council members shall not exceed four consecutive two year terms. 6