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

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19. The proposed amendment was placed on the 1996 general election ballot on card B, side 2 as Proposal 1. (A copy of the ballot card is attached as Exhibit "K". ) 20. Proposal 1 contained an explanation of the present provisions and the effect of the proposal. It did not contain any reference to effective date, treatment of prior terms, persons elected in the Primary Election and persons elected concurrently with the approval of the amendment. 21 . The general election was held on November 5, 1996 . Proposal 1 was approved by a vote of 33, 542 yes to 10, 428 no. 22 . Nine persons were elected to the County Council at the 1996 General Election. of the nine, four are still presently in office. 23. The right to run for political office, though not a fundamental right, is constitutionally protected by the United States Constitution and the Hawaii State Constitution, including but not limited to provisions relating to due process, political rights and equal protection. 24 . Any restrictions on such constitutionally protected rights should be as explicit as possible and not vaguely worded so as to require substantial administrative speculation and interpretation for implementation. 25. Doubts created by vagueness and incomplete drafting should be construed against restrictions on the constitutionally protected rights of individuals. 26. The Hawaii County Charter, as amended by the subject amendment, does not contain a clear and unambiguous provision relating to persons who were elected to council terms prior to and simultaneously with the effective date of the amendment. 27 . There is no relevant legislative history relating to subject issues raised by the amendment. 28. The drafting of the amendment appears incomplete. The amendment did not follow the clear models contained in the United States Constitution or the Hawaii State Constitution. 29. The amendment as presented to the voters in the legal notice to the electorate or on the ballot, did not contain any �- 9 .