Loading...
HomeMy WebLinkAboutCOM 1056.028 2006-2008 DONALD IKEDA Phone: (808) 961- 8261 Councilmember { SW FAX: (808) 961-8912 203 APR 18 Phi 4 00 ~ Of N~ County of Hawaii C;:- I' . Hawaii County Building !;01._°~i I ' - I? 25 Aupuni Street, Suite 209 Hilo, Hawaii 96720 April 18, 2008 TO: Pete Hoffmann, Chair And Members of the County Council From: Donald Ikeda, Council Member Subject: Proposed Amendment to Bill 257, Draft 3, Regarding Initiative and Referendum Petitions Attached for your consideration are proposed amendments to Bill 257, Draft 3, regarding Initiative and Referendum Petitions. These proposed amendments would make the following changes to the existing version of the bill: 1. Amend Section 11-4 (d), (g) and (p). These proposed changes are ramseyered and shown in bold font, as follows: "Section 11-4. Initiative and Referendum Process (d) Within [ten] 15 working days of receipt of the notice in I 1-4(b), the clerk shall give notice to the committee that the proposed petition form, ballot title, ballot question, and ballot summary are acceptable or shall propose alternative language.".... (g) If the language of the proposed ordinance is found to be within the power of initiative or referendum of the County of Hawaii, within [five] ten working days of finalization of the petition form, ballot title, ballot question and ballot summary, the clerk shall: (1) Submit them to the council for informational purposes utilizing the council's rules and procedures; and (2) Give notice to the committee of: Comm. No. S~ 2-8 Ref. To: Preseofed G 8ef. Date APR 22 2008 Hawaii County is an Equal Opportunity Provider and Employer (A) The final petition form, ballot title, ballot question, and ballot summary; (B) The deadline date set by the State of Hawaii Elections Office for the submission of the ballot title, ballot question, and ballot summary; (C) The number of signatures required for a certificate of sufficiency; and (D) A timeline that gives dates at which submissions and specific actions shall occur.".... (p) The clerk shall publish the ballot title, ballot question, ballot summary and arguments for and against the measure in the Sunday paper of two Hawaii Island daily papers with the largest circulation, for the [three] two Sundays preceding the election. The committee shall be given the opportunity to write the argument in favor of the measure. If a group of five qualified voters of Hawaii County give notice to the clerk that they wish to write the arguments against the measure, the clerk shall publish their arguments. Both sets of arguments shall be published in the same papers, on the same page, on the same days, utilizing the same size print. The names and addresses of the committee and the opposing group as they appear on the general county register for the County of Hawaii shall appear in the publication." A copy of the bill that incorporates the proposed amendments is attached. In this attachment, the difference between the amendments proposed in this bill and language in the existing version of the bill are ramseyered. ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE XI OF THE HAWAII COUNTY CHARTER (2000), RELATING TO INITIATIVE AND REFERENDUM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article XI, Hawaii County Charter (2000), is repealed in its entirety. SECTION 2. The Hawaii County Charter (2000), is amended by adding a new article, to be numbered Article XI, and to read as follows: "ARTICLE XI INITIATIVE AND REFERENDUM Section 11-1. Powers of Initiative and Referendum. (a) The power of voters to propose ordinances or to amend existing ordinances shall be the initiative power. (b) The power of voters to approve or reject ordinances by election shall be the referendum power. Section 11-2. Definitions. As used in this article, unless the context otherwise requires: "Ballot Question" means an interrogative statement that plainly phrases the chief purpose of the initiative or referendum so that an affirmative response corresponds to a "yes" vote. "Ballot summary" means a concise, impartial explanation of the measure and its major effects. "Ballot title" means a brief phrase identifying the subject of the initiative or referendum. "Circulators" means adults who circulate copies of the petition among registered voters for signature. "Clerk" means the clerk of the Hawaii County Council. "Committee" means the petitioners' committee formed pursuant to section 11-3. "Petition form" means a petition without voter signatures and other voter identifying information. "Petition or signed petition" means the petition form containing the voters' signatures and other voter identifying information, the ballot title, ballot question, and ballot summary. Section 11-3. Petitioners' Committee. For each initiative or referendum petition there shall be a petitioners' committee representing all the petitioners, which committee shall be composed of five members who shall be qualified voters of the county and signers of the petition. The committee shall be responsible for circulation of the petition and for assembling and filing the petition in proper form. There shall be a committee chair who will be responsible for sending and receiving all communications between the clerk and the committee. The committee shall have the power to amend or withdraw the petition as provided in this charter. Section 11-4. Initiative and Referendum Process (a) The clerk shall provide the committee with a sample petition form upon request. (b) Prior to circulating an initiative or referendum petition, the committee shall give notice to the clerk of the following: (1) The names and residence addresses of the committee members as they appear on the general county register, the committee's designated representative, and the address to which all notices shall be sent; (2) For an initiative, a completed petition form identifying the ordinance to be modified or introduced, along with the proposed language for the petition; (3) For a referendum, a completed petition form identifying the ordinance or part of an ordinance to be repealed; and (4) A proposed ballot title, ballot question, and an objective ballot summary. (c) For purposes of this article, notice shall be in writing and sent via United States mail, return receipt requested or delivered in person, provided both the sender and receiver sign and date a receipt. The date of receipt will be the date the recipient's signature was affixed or ten days after the postmarked date, whichever occurs first. (d) Within [tea} 15 working days of receipt of the notice in 11-4(b), the clerk shall give notice to the committee that the proposed petition form, ballot title, ballot question, and ballot summary are acceptable or shall propose alternative language. (e) If the proposed language is acceptable, the clerk shall give the committee notice of acceptance and the language shall be final. (f) If the clerk proposes alternative language, the clerk shall give the committee notice of the proposed language within ten working days of receipt of the alternative language. If the committee objects to the alternate language, the committee shall send a notice to the clerk of its objections and submit a revised petition form, ballot title, ballot question and ballot summary to the clerk within ten working days of receipt of the alternative language. The clerk shall accept the proposed revision as the final language. (g) If the language of the proposed ordinance is found to be within the power of initiative or referendum of the County of Hawaii, within [frve] ten working days of finalization of the petition form, ballot title, ballot question and ballot summary, the clerk shall: (1) Submit them to the council for informational purposes utilizing the council's rules and procedures; and (2) Give notice to the committee of: (A) The final petition form, ballot title, ballot question, and ballot summary; (B) The deadline date set by the State of Hawaii Elections Office for the submission of the ballot title, ballot question, and ballot summary; (C) The number of signatures required for a certificate of sufficiency; and (D) A timeline that gives dates at which submissions and specific actions shall occur. (h) Within thirty working days after the filing of an initiative or referendum petition, the clerk shall complete a certificate as to the sufficiency of the petition. During this thirty day period, the committee may continue to gather signatures. (i) As soon as a certificate is completed, the clerk shall notify the committee of the contents of the certificate. If a petition is certified sufficient, the clerk shall present the certificate to the county council at the first council meeting where it can be legally agendized. (j) If the clerk certifies a petition insufficient, the certificate shall show the particulars wherein the petition is defective. If a majority of the committee chooses to continue to collect signatures, then the committee shall within twenty working days after receipt of the clerk's certificate of insufficiency, file a supplemental petition. The supplemental petition shall be governed by the same requirements as the original petition. (k) Within fifteen working days from the filing of a supplemental petition, the clerk shall complete a second certificate as to the sufficiency of the supplemental petition. Thereafter, the procedural requirements for the supplemental petition shall be the same as that for the original petition. (1) If a majority of the committee does not choose to amend a petition or collect additional signatures, the clerk shall present the certificate to the county council at the first council meeting where it can be legally agendized. A petition is approved for consideration through council action upon the clerk's certificate of sufficiency. (m) The clerk shall present the certificate to the council at the earliest meeting at which the certificate can be legally agendized. The council shall review the latest clerk's certificate, upon the committee's request, and shall approve or reject the certificate or may substitute its own determination of sufficiency of the petition by resolution. The review actions of the council shall be final but shall not preclude the filing of a new petition for the same purposes. (n) The council shall proceed immediately to consider an initiative or referendum petition which has been determined sufficient in accordance with the provisions of this article. If an initiative petition is concerned, the ordinance it proposes shall at once be introduced subject to the procedures required for ordinances under this charter; however, not more than sixty days shall elapse between the time of first reading of the initiative proposal as a bill and completion of consideration to adopt, amend, or reject the same. If a referendum petition is concerned, the ordinance to which that petition is directed shall be reconsidered by the council; and not later than thirty days after the date on which the petition was determined sufficient, the council shall by resolution repeal or sustain the ordinance. (o) If the council fails to adopt an initiative proposal or adopts a proposal with an amendment unfavorable to a majority of the committee, or if the council fails to repeal an ordinance reconsidered pursuant to a referendum petition, the clerk shall submit the final language approved by the petitioner's committee with its appropriate ballot title and ballot language to the voters of the county at the next general election. The ballot for such measures shall contain the final ballot summary and shall have below the ballot title designated spaces in which to mark the ballot FOR or AGAINST the measure. (p) The clerk shall publish the ballot title, ballot question, ballot summary and arguments for and against the measure in the Sunday paper of two Hawaii Island daily papers with the largest circulation, for the [three} two Sundays preceding the election. The committee shall be given the opportunity to write the argument in favor of the measure. If a group of five qualified voters of Hawaii County give notice to the clerk that they wish to write the arguments against the measure, the clerk shall publish their arguments. Both sets of arguments shall be published in the same papers, on the same page, on the same days, utilizing the same size print. The names and addresses of the committee and the opposing group as they appear on the general county register for the County of Hawaii shall appear in the publication. Section 11-5. Initiative and Referendum Petitions: Forms and Sufficiency. (a) Initiative and referendum petitions shall be governed by the rules regarding form and sufficiency set forth in this section, as well as by such other rules as the county council may impose by ordinance, consistent with the provisions and with the spirit and purpose of the charter. (b) For acceptance of petitions, the clerk shall require that: (1) The petitions indicate the five members of the committee for that petition by name and residence address as they appear on the general county register for the County of Hawaii. (2) The petitions indicate the designated representative for the committee and the address to which all notices for the committee are to be sent. (3) The petitions be filed on papers of uniform size and style and assembled as one instrument. (4) Each elector signing such petitions shall print their name, which shall be reasonably similar to their name as it appears on the general county register for the County of Hawaii, and add their signature, month and day of their birth date, and the last four digits of their social security number on said petition. (5) The petition contain a prominent notice stating whether one or more petition circulators are to be paid. Paid means monetary payment or payment of goods or services. Pay for petition circulators shall not be based on the number of signatures collected. (6) The petition contain the ballot title and the ballot question. (7) Each page of the completed petition form shall be numbered consecutively. (c) For purposes of certification, any petition shall be found insufficient that: (1) Is signed by registered voters of the county equal in number to less than fifteen percent of the number of persons who voted for the office of Mayor in the last Mayoral election. (2) Proposes, or requests appeal of, an ordinance not subject to the powers of initiative or referendum. (d) Signatures are invalid and petitions insufficient: (1) If signers are not given an opportunity to read the full text of the proposed ordinance under an initiative petition, or the designation and description of the ordinance in question under a referendum petition, and if the full text of a proposed ordinance or ordinance under question is not contained in or attached to each signature paper or set of signature papers of an initiative or referendum petition, respectively, throughout circulation. (2) If written statements (executed by the circulators for each set of signature papers) are not attached to the papers at the time of filing of a petition with the clerk. Each written statement shall attest that: a particular individual personally circulated an identifiable set of signed petitions; each signed petition bears a stated number of signatures; each signature on a petition was affixed in the petition circulator's presence; each signature is the genuine signature of the person whose name it purports to be; and the full text of the proposed measure was made available to petition signers. (e) Individuals may withdraw their signatures by submitting a written request to the clerk within fifteen days after the filing of an initiative or referendum petition. Section 11-6. Withdrawal of Petition. A petitioners' committee may withdraw a petition at any time, but not later than the thirtieth day immediately preceding the day scheduled for a vote in the county on a measure concerned. A petitioners' committee shall be requested to withdraw its petition and the committee must comply, if the aims of the petition are resolved by intermediate council action to the satisfaction of the committee such that the initiative proposal is adopted as an ordinance, or that the ordinance reconsidered by the referendum petition is repealed. A written request for petition withdrawal must be signed by four of the five members of the petitioners' committee and filed with the council clerk. The filing of a withdrawal immediately cancels the petition and ceases all further action for the accommodation of the petition by the county. Section 11-7. Results of Election. (a) A "no" vote shall be a negative response. A non-vote, where there is no response, shall not be counted affirmatively or negatively. (b) If a majority of the voters voting upon a proposed initiative ordinance shall vote in favor of it, the ordinance involved shall thereupon be an ordinance of the county once the election is certified or be effective as of the date stated in the initiative measure. A proposed initiative ordinance which is not approved by a majority of the voters voting on it shall thereupon fail. (c) If a majority of the voters voting upon a proposed referendum ordinance shall vote in favor of it, the ordinance involved shall thereupon be repealed once the election is certified or be repealed as of the date stated in the referendum measure. A proposed referendum ordinance which is not approved by a majority of the voters voting on it shall thereupon fail. (d) Ordinances passed using Article XI, Initiative and Referendum, shall not be repealed or amended for at least three years from the date of election approval, except by a two-thirds vote of the Hawaii County Council."