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I MAINTAIN- THAT DESPITE THE UNLIMITED FINANCIAL RESOURCES OF MAUNA :.EA PROPERTIES., THE REASON THE HAPUNA INITIATIVE LOST WAS THE WORDING OF THE BALLOT. IT WAS CONFUSING, UNNECESSARILY COMPLICATED, REDUNDANT, AND CONTAINED IRRELEVANT AND INCORRECT LANGUAGE. THE AVERAGE VOTER COULD NOT UNDERSTAND IT. IF A VOTER DID NOT KNOW HOW HE OR SHE WANTED TO VOTE BEFORE ENTERING THE• VOTING BOOTH, IT WAS VERY DIFFICULT TO DECIDE BASED UPON, READING THE BALLOT. FOR MONTHS AFTER THE ELECTION HARDLY A DAY WENT BY THAT PEOPLE I MET TOLD ME THEY VOTED "AGAINST" THE HOTEL RATHER ? THAN "FOR" DOWNZONING OR KNEW OF SUCH PEOPLE. PRECINCT WORKER TOLD ME THEY HAD MORE QUESTIONS ABOUT THE INITIATIVE THAN ANYTHING ELSE. I MAINTAIN THAT BUT FOR THE BALLOT LANGUAGE THE OUTCOME OF THE ELECTION WOULD HAVE BEEN DIFFERENT. I BELIEVE THE HAPUNA INITIATIVE LOST BECAUSE OF IT AND THAT PREVIOUS INITIATIVES AND REFERENDUMS MAY HAVE LOST BECAUSE OF THE DIFFICULTY OF UNDERSTANDING THE BALLOT LANGUAGE. I WAS INVOLVED IN THE PROCESS OF DETERMINING THE HAPUNA BALLOT LANGUAGE AND I MUST TELL YOU HERE AND NOW THAT IT IS UNREGULATED, ARBITRARY, CAPRICIOUS AND SUBJECT TO TREMENDOUS ABUSE, ItITENTIONAL OR OTHERWISE. THE 'WAY IT WORKS IS THAT THE CORP.COUNSEL'S OFFICE WRITES THE BALLOT LANGUAGE AND IS THE SOLE DETERMINANT OF ITS WORDING. No INPUT IS REQUESTED AND HE OR SHE FREE TO ACCEPT OR REJECT ANY INPUT THAT DOES COME IN. IN THE CASE OF THE HAPUNA INITIATIVE 4 RECOMMENDATIONS WERE MADE BY THE PETITIONER' S COMMITTEE INCLUDING ONE THAT WOULD CORRECT A FALSE STATEMENT PRESENT IN THE BALLOT LANGUAGE. TWO RECOMMENDATIONS WERE REJECTED THAT WOULD HAVE CORRECTED THE MISTAKE, HALVED THE WORDS, AND MADE THE BALLOT LANGUAGE SIMPLER AND EASIER TO UNDERSTAND. IT WAS THE ARBITRARY DECISION OF SOMEONE IN THE CORP. COUNSEL' S OFFICE THAT RESULTED IN THE INCOMPREHENSIBLE LANGUAGE THAT RESULTED. ' • THIS MUST NEVER HAPPEN AGAIN. As SUCH I RECOMMEND A NEW SECTION BE ADDED TO ARTICLE 11 TITLED "BALLOT LANGUAGE" WHICH PROVIDES A MECHANISM FOR ARRIVING AT CLEAR AND SIMPLE BALLOT LANGUAGE. HERE IS ONE SUCH MECHANISM. • "THE BALLOT LANGUAGE SHALL CONTAIN AN OBJECTIVE SUMMARY OF THE SUBSTANCE OF THE MEASURE AND BE WRITTEN IN THE MOST • CLEAR AND SIMPLE MANNER POSSIBLE. IT SHALL INCLUDE DESIGNATED SPACES IN WHICH TO MARK THE BALLOT "FOR" OR "AGAINST" . A PANEL OF 5 MEMBERS SHALL BE APPOINTED, BY THE MAYOR WHOSE PURPOSE IS TO ASSURE "CLEAR AND SIMPLE. BALLOT LANGUAGE. " THE PANEL SHALL CONSIST OF A MEMBER OF THE PETITIONER' S COMMITTEE, THE COUNTY CLERK, AND THE CORP. COUNSEL, AS WELL AS AN EDUCATOR IN THE FIELD OF "ENGLISH" OR "COMMUNICATION" AND A COLLEGE STUDENT APPOINTED BY THE MAYOR. THIS PANEL 615 SHALL BEGIN MEETING WITHIN 3 DAYS OF CERTIFICATION OF THE PETITION AND SHALL HAVE THE BALLOT LANGUAGE DETERMINED NO LATER THAN 1 WEEK THEREAFTER.