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sp4If oCOUNTY OF HAWAPI STATE OF HAWAPI <br /> R <br /> L,Iru, <br /> BILL NO. <br /> 49 <br /> ORDINANCE NO. <br /> AN ORDINANCE TO INITIATEANAMENDMENT T ARTICLE 111, SECTION 3- <br /> F THE HAWAPICOUNTY CHARTER(2022 EDITION),RELATING TO VACANCY <br /> IN OFFICE. <br /> BE IT ORDAINED BY THE COUNCIL THE COUNTY F A A ` : <br /> SECTION 1. Article I11, section 3-4, of the Hawaii County Charter(2022 Edition) is <br /> amended to read as follows: <br /> "Section 3-4. Vacancy in Office. <br /> (a) When any vacancy occurs in the county council, the remaining members of the council <br /> shall appoint as a successor a person with the [rem] qualifications [to fill the <br /> tea ] required by Section 3-3. Within [they] five days (excluding Saturdays, <br /> Sundays, and legal holidays) after the occurrence of any vacancy, the council chairperson <br /> shall [notify] give reasonable notice of intent to all remaining members of the council [by <br /> registefed-mial] that on [a speeified] the next regular meeting date, formal action shall be <br /> taken to fill the vacancy. The formal action shall be a motion approved by a majority of <br /> the council to appoint a successor to serve the remainder of the unexpired term. Should <br /> the council fail to fill any vacancy [within sixty days after its oee,] at the <br /> designated meeting,the [ air-per-sa of the Beth ei fl council chairperson, within five days <br /> (excluding Saturdays, Sundays and legal holiday shall appoint a successor with the <br /> qualifications required by Section 3-3 to fill the vacancy for the remainder of the <br /> unexpired term. <br /> (b) No declared candidate for county council ma r�ppointed to fill a vacancy, except <br /> when there is no more than one declared candidate for the vacant council district seat. <br /> (c) Notwithstanding subsection(a) any vacancy that occurs after a first special election or <br /> second special election in which a candidate for the council district seat that is vacant was <br /> duly elected in accordance with the election laws of the State shall be filled by the person <br /> so elected for the remainder of the unexpired term. <br /> (d) For the purposes of this section "declared candidate"means: <br /> (1) Prior to or on the fifth day after the close of filing in accordance with Chapter 12 <br /> Hawaii Revised Statutes, any person having filed and not withdrawn nomination <br /> papers for elective office. <br /> (2) Subsequent to the fifth day after the close of filing in accordance with Chapter 12 <br /> Hawaii Revised Statutes, any person whose name the county clerk includes on <br /> the certified list of candidates who are entitled to be voted for at the first special <br /> election." <br />