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MIN CHC 1999-05-26
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MIN CHC 1999-05-26
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10/9/2018 1:00:16 PM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1999
Meeting date
5/26/1999
Type
MIN
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AGE CHC 1999-05-26 SP MTG
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\County Clerk - Council\County Clerk\Charter Commission\2000\Agendas
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• <br />The procedures that Richard is talking about, and I don't off of the top of my head, know or <br />remember why things were set up this way, but things like do you require 15 percent signatures, <br />or if you want to make it tougher, you go to 30 percent signatures. The Charter has the -, that's <br />not spelled out in State law at all; that's completely up to the Charter to tell you how the County <br />wants to vote on its own initiatives and referenda. <br />WURDEMAN: Yeah, I would agree with that. But what I was -, like in particular, <br />15 percent of the number of persons who voted in the County for the office of Mayor, that's the <br />present requirement if you want to get something on the ballot. So what's voting for the office of <br />Mayor, you know, is it putting -? It should be defined. I mean, you can define it anyway you <br />want, but it's presently not defined. <br />HERKES: Registered to voted or voted. <br />WURDEMAN: Yeah. <br />YUEN: Well, this all -, just to jump in here, this all got a little bit trickier about, I <br />guess it was a year and a half ago with the State Supreme Court had the voting on the -, on <br />whether we were going to have a ConCon. And at that -, I think before the voting was actually <br />done, the State Attorney General's Office came out with an opinion and said blank ballots weren't <br />counted in reaching 50 percent. Then it went to the State Supreme Court, and they said that you <br />did count the blank ballots based on the language there which, I think said something 50 percent <br />of votes cast was what was necessary. And they said, well, if you get in there, and you leave it <br />blank, but you stick the ballot in the box, well, that's a vote cast. And the Charter, just to <br />compare that, I think the Charter or saying 50 percent of a referendum, 50 percent -, I think it <br />says 50 percent of the people voting on the measure, which is a -. <br />WURDEMAN: Yeah. <br />YUEN: Little different. And there's an older Hawaii case that says that's <br />50 percent of the people who actually, actually checked something off. <br />WURDEMAN: Yeah -. <br />YUEN: They don't count blanks. <br />WURDEMAN: The older case went the opposite direction of the ConCon case, which <br />makes one wonder if politics got involved, but I wouldn't want to say that. <br />YUEN: But the wording is -, the wording of the two was a little bit different, that <br />went to the -. So, you know, I think I knew what this meant, this 15 percent meant when we had <br />it ten years ago, but in the light of what the Supreme Court said, you know, a year and a half ago, <br />I might want to look at it again and see if it's become something that nobody knows the answer to <br />15 <br />
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