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t i <br /> OFFICE OF THE COUNTY CLERK <br /> HAWAII COUNTY BUILDING <br /> 25 AUPUNI STREET <br /> HILO, HAWAII 96720 <br /> Mr. Kimiaki Sakata <br /> January 29, 1979 <br /> Page 2 <br /> ELECTION DIVISION <br /> This division is: assigned the task of overseeing allelection <br /> activities within the County under the auspices of the Office of <br /> the Lieutenant Governor, State of Hawaii. Its primary functions <br /> are the registration of voters, voter education recruitment/training <br /> of precinct and ,computer center workers and the all important <br /> management and overall <br /> conduct of the elections. <br /> The Office of the County Clerk is authorized 31 positions which <br /> includes 9 Council members, 3 appointed staff people, and <br /> 19 civil, servants. <br /> During an election year, the election division. is augmented by <br /> 8 temporary hires. . The department presently employs 2 CETA workers <br /> and at times accepts Hawaii Community College - Vocational Education <br /> (CVE) trainees. We are also authorized to hire non-civil service <br /> contractual workers if the need arises. <br /> For the fiscal year. 1979-80, our projected departmental budget <br /> is $964,523. <br /> With regard to revisions to the Charter as it applies to our <br /> department we recommend the following changes: _ <br /> 1. As explained and documented in our letter dated <br /> January 2,, 1979, the residency requirement of two <br /> years in Section 333 for Councilmembers, three years <br /> in Section 5-1. 2, for the Mayor and two years in <br /> Section 9-2 for the Prosecuting Attorney have been <br /> found to be unconstitutional and therefore invalid. <br /> In the absence of a valid Charter provision cs the <br /> State law Hawaii Revised Statutes Section 62-3 <br /> General qualifications of Officers prevails and this <br /> section of the law reads : <br /> " . . . Has been a duly qualified elector of the State <br /> and of the County in which he is elected for at <br /> least one year next prior to his election . . . " <br /> As such the Commission has the option of finding a <br /> valid residency provision or it may choose to conform <br /> to the state statutes and amend Section 3-3. 5-1. 2 <br /> and 9-2 to reflect ' a one year residency requirement. <br /> We would recommend the latter. <br />