CHC 1990 CORRESPONDENCE 1979 PROPOSED CHARTER AMEND NEWSPAPER

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B-16—Hawaii Tribune-Herald, Sunday, September 16, 1979 . , .Section 10-5. Initiative and Referendum Petitions; ., (c) A majority of the petitioners' committee may - Section 11-1.2. Petitions. -Petition papers shall be Forms and- Sufficiency. Initiative and referendum request the county council to review a clerk's certificate, procured only from the county clerk, who shall keep a C petitions shall be governed by-the rules regarding form at or before the meeting at which the clerk presents the - . sufficient number of such blank-petition papers on file for and sufficiency set forth in this section,as well as by such certificate to the council. The council shall review the distribution as herein provided. Prior to the issuance of • other rules as the county council may impose by'or- latest clerk's certificate, upon the committee's request, such petition papers,an affidavit shall'be made by one or dinance,consistent with the provisions and with the spirit and shall approve or reject the certificate or may sub- _more voters and filed with the clerk,stating the name and and purpose of this charter. stitute its own determination of sufficiency of the petition office of the officer sought to be removed. by resolution. The review actions of the council shall be - - final but shall not preclude the filing of a new petition for - the same purpose. Section 11-1.3. Signatures. Each signer of-a recall ' (a)For immediate acceptance of petitions the clerk of • petition shall print his name, add his signature, his the council-shall require that: - - ' residence address, his social security number and the (1)The petitions indicate by name and address,the Section 10-7. County Council Action on Petitions. date of signing on said petition. To each such petition five signers who constitute the petitioners' corn- (a) The county council shall proceed immediately to paper there shall be attached-an affidavit of the cir- , mittee for that petition. - consider an initiative or referendum petition which has culator thereof,stating the number of signers to such part (2)Thn petitions indicate the address,to which all been determined sufficient in accordance with the of the petition and that each signature appended,to the ' _ _ notices for petitioners'committee are to be sent. • •provisions of this article: If an initiative petition is con- paper was made in his presence and is believed to be the cerned, the ordinance it proposes shall at once be in- genuine signature of the person whose name it purports to (3)The signatures to petitions be filed on papers of . #roduced subject to theprocedures required for or- be, and that each signer understood the nature of the uniform size and style and assembled as one in -recall petition. •• . • ' strument. Upon presentation, petitions which. dinances under.Sections 3-10. and 3-12 of this charter; - atrum nt. comply with this supetitions sa) hhowever,not more than sixty days shall elapse betweenreasonabl " be accepted by the clerk without delay; shallpetitions . the time of first reading of the initiative proposal as a bill shall be rejected for non-compliance.ut p and completion of consideration to adopt,`amend, or Section 11-1.4. 'Filing and Certification. 'All l reject the same.If a referendum petition is concerned,theg papers (4) Each elector signing such petition shall print comprising a recall petition shall be assembled and filed his name,add his signature,his residence address, ordinance to which that petition is directed shall be - with the county clerk as one instrument within thirty (30) - his social security number the date of signing reconsidered by the council;and not later than thirty days days after the filing,with the clerk,of the affidavit stating on said petition. -after the date on which the petition was determined' the name and office of the officer sought to be'removed. " sufficient,the council shall by resolution repeal or sustain Within twenty days from the date of the filing of such the ordinance. , petition,the clerk shall determine the sufficiency thereof- i ' (b) For purposes.of certification,any petition shall be (b)If the council fails to adopt an initiative proosal or and attach thereto a Certificate showing the result of his l ' - adopts a proposal with an amendment unfavorable to a examination.If the clerk shall certify -found insufficient which: � that the petition is majority of the petitioners'committee, or if the council • L (1)Is-signed by less than the required number of fails to repeal an ordinance reconsidered pursuant'to a . insufficient, he shall set forth in the certificate the r- qualified voters of the county. titulars in which the petition is defective,and shall return o (2) Proposes,or requests repeal of, an ordinance referendum petition, it shall submit the originally a copy,of.the certificate to the person designated in such , not subject to powers of initiative or referendum. proposed initiative ordinance or refer the reconsidered petition to receive it. • ordinance concerned to the voters of the county at the next , , general election. The ballot for such measures shall - (c) Signatures are invalid and petitions insufficient: contain an objective summary of the substance of the - (-1)If signers are not given an opportunity to read measure and shall have below the ballot title designated the full text of the proposed ordinance under an spaces in which to mark a ballot FOR or AGAINST the, Section 11-1.5:Supplemental Petitions.In the event the initiative petition, or the designation and measure. initial petition contained insufficient signatures,.such . description of the ordinance in question under a recall petition may be supported by supplemental referendum petition, and if the roll ex -of` a_.- ..v.... signatures of voters signed in the manner required in proposed ordinance or ordinance under question is Section 11-13-of-this-artiele-appended to_petitions_ssuetl - not•contained in or attached to each signature Section 10.8..Withdrawal of Petitions. A petitioners'- signed,and filed as required for the original petitioncof a r or set of signatureof an initiative or. any time within ten days after the date of the certificate of Ppapers committee may withdraw its petition at any time,but not 'insufficiency by the clerk.The clerk shall within five days • referendum petition, respectively, throughout - later than the thirtieth day immediately preceding the after such supplemental petitions are filed make a like • �' circulation. day scheduled for a vote in the county on the measure (2) If"affidavits (executed by the circulators for concerned.Apetitioners'committee shall be requested to examination of them,and if his certificate Shall show the same to be still insufficient, he shall return it in the each set of signature papers) are not attached to withdraw its petition and the committee must comply, if manner described in Section 11-1.4 of this article to the the papers at the time of filing of petition with the the aims of the-petition are resolved by intermediate person designated in such petition to receive the same, clerk of the council.Each affidavit shall attest to council action to the satisfaction of the committee such and no new petition for the recall of the officer sought to be 4 _ the effect that: a particular individual personally that the initiative proposal is adopted as an ordinance,or removed shall be filed within one year thereafter. - - circulated an identifiable set of papers; each paper that the_ ordinance reconsidered b the referendum bears a stated number of signatures; each petition is re ealed. A written request for - - ,_ signature on a paper was affixed in the circulator's p petition with- g p p drawal must be signed by four of the five members of the ' - • presence; each signature is.the genuine signature petitioners',committee and filed with the council clerk. " Section 11-1.6, Recall Election. If e a recall petition.or of the person whose name it purports to be: The filing of a withdrawal immediately cancels the. supplemental petition shall be certified (d) Individual signatures may be withdrawn withinpetition and ceases all further action for the ac-. by the clerk to be fifteen days after the filing of an initiative or referen uunn�� commodation of the petition by the county. sufficient, he shall at once submit the same with his cer- • petition with the clerk of the council by the_filing of a be recalled to the council and shall notify the officer sought to. written request therefor,by the individual,with the clerk, be of such action.If the ten (10l-wbose removal is , sought does not resign within (10) days,after such of the council, • notice,the council shall thereupon order and fix a day for • - Section 10-9. Results of Election. If a'majority of the holding a recall election.Any such election shall be held- voters voting upon a proposed initiative ordinance shall not less than sixty (60) nor more than ninety (90) days Section 10.6. Initiative and Referendum: Procedure , vote in favor of it,the ordinance involved shall thereupon niter the petition has been presented to the council,or at' after Filing. be ordinance of the county.A referred ordinance which • the same time as any other special election held within is not approved by a majority of the voters voting on it such period,the council shall call a special recall election •. ' (a)Within twenty days after the filing of an initiative or shall thereupon be repealed. to be held within the time aforesaid. Ifless than fifty referendum petition, the'clerk of the council shall corn- - - - percent of the total numbe_r.of persons who registered in plete a certificate as to the sufficiency of the petition. - . the last general election shall vote,at such election,to - As soon as a certificate is completed, the clerk shall • - -- - -recall an official elected at-large,or by voters of the entire ' notify the petitioners' committee of the contents of the county,as the case may be,or in the case-of a recall of a • . certificate. If a petition is certified sufficient the clerk • - - ' district councilman,if less than-fifty percent of the total shall.present his certificate to the county council at its _ - number of persons who registered in his district in the last next meeting.If the clerk certifies a petition insufficient ARTICLE XI - . general election shall vote at such recall.election,,the his certificate shall show the particulars wherein the - REMOVAL OF ELECTED OFFICERS . -officer sought to be recalled shall not be deemed recalled.- - petition is defective. A majority of the petitioners'.corn- CHAPTER 1 mittee may elect to amend a petition certified insufficient - RECALL - and must so notify the clerk, but if a majority does not • . elect to'amend a petition, the-clerk shall present his Section 11-1.1. Recall Procedure. In.addition to ha- . certificate to the county council at its next meeting: A- peacnment procedures, any elective- officer may be Section 11-1.7.Ballots.The ballots at such recall election ' petition is approved for consideration through council removed from office by the voters of the county. -The shall, with respect to each person whose-removal--is • - action upon the clerk's certificate of sufficiency. procedure to effect such removal shall be in accordance -sought,submit the question: "Shall (name of person)be ' • (b)If a majority the petitioners'committee elects to with this article. removed from the office of(name of office)by recall?"If ' • amend its petition,then within ten days after receipt of A petition demanding that the question of removing a majority of the electors qualified to vote on the question ' the clerk's certificate, the"committee shall file a sup- such official be submitted to the voters shall be addressed at a recall election vote"Yes",the elected officer shall be plementary petition upon additional papers. The,sup- to the council and filed with the county clerk. deemed recalled and removed from office,subject to the • _ plementary petition shall be governed by the same (a)A petition demanding recall of an official elected at- provisions of Section.11-1.6 of this article. - requirements as for an original petition.Within five days large,or by voters of the entire county,as the case may after the filing of a supplemental petition,the clerk shall be,shall be signed by not less than twenty-five persent of . complete a second certificate as to the sufficiency of the the total number,of persons who registered in the last _ - - original petition as amended by—the supplementary general election. - petition.Thereafter,the procedural requirements for the (b)A petition demanding recall of a district councilman Section 11-1:8.Succeeding Officer.The incumbent,if not. petition as amendedshall be the same as:that for the shall be signed by not less than twenty-five percent of the- recalled in such election,shall continue in office for the - original petition as provided in subsection (a), this sec- total number of persons who registered in his district in, remainder of his unexpired term subject to the recall as, - '_ tion. - - - the last general election. before,except as provided in this charter.If recalled in _ - --