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• COUNTY OF HAWAII OFFICE _OF THE CORPORATION COUNSEL tr 25 Aupuni Street • ' Hilo, Hawaii 96720 • MEMORANDUM To: R. B. Legaspi, County Clerk Dare October 25, 1979 From: Stephen G. Bess, Corporation Counse](r • Subject: Postponement of Special Charter Election. • We write in response to your request of October 19 , • 1979 , wherein you asked for an opinion .on the question of • who is authorized to postpone the Special Charter Election scheduled for November 3, .1979. The Charter Commission called for the special election. • It scheduled the election for November 3 , 1979 , following the recommendation of the County Clerk. • Section 50-10, Hawaii Revised Statutes (H.R.S. ) , provides as follows: "Publication and submission to electors . The county clerk shall provide for the submission of • the proposed charter. . .to the qualified electors of t e., o�inty for approval at a general election h__.c�____ ova or special election to be held on the date determined by the charter commission; . . . . " (emphasis added) It seems clear from the face of the statute that the Legislature intended the Commission have the authority to schedule a special charter election.1 This view is confirmed by the legislative history of this provision. Senate Standing Committee Report 324 on Senate Bill 416-65 (Act 65, 1965) which established this provision reported: "Section 143A-10 [§50-10] is amended to allow the • charter commission, if it so desires, to set a • date for a special election for ratification of the charter. " 1 The phrase "on the date determined by the charter commission", can only be interpreted to apply to special elections since the date for all general elections is provided for in the Constitution of the State of Hawaii, Article II , Section 8. • • COMM. NO. ` '