HomeMy WebLinkAbout2018-07-06 Hawaii County Clerk Supplementary ProclamationSUPPLEMENTARY PROCLAMATION
WHEREAS, the Primary Election for the State of Hawaii is scheduled for
August 11, 2018; and !
WHEREAS, on May 3, 2018, the Governor of the State of Hawaii and the
Acting Mayor of the County of Hawaii each issued emergency proclamations
relating to the volcanic activity in the East Rift Zone of Kilauea volcano; and
WHEREAS, on May 9, 2018, the Governor of the State of Hawaii issued a
supplementary proclamation expanding the scope and application of his
Proclamation; and
WHEREAS, on May 22, 2018, the Mayor of the County of Hawaii issued a
Supplementary Emergency Proclamation suspending Hawaii County Code,
Chapter 19, Section 19-47, related to real property tax assessments to those
parcels that suffered uninhabitability or isolation due to this eruptive event in
those areas described as Leilani Estates, Lanipuna Gardens, Pohoiki Bay
Estates and Kapoho Estates; and
WHEREAS, on May 30, 2018, the Mayor of the County of Hawaii issued a
Second Supplementary Emergency Proclamation suspending several County
Code provisions related to the preparation, set-up, construction, or installation of
temporary emergency shelters for residents displaced or voluntarily evacuated
due the active lava eruption; and
WHEREAS, on May 30, 2018, the Mayor of the County of Hawaii issued
Mayor's Emergency Rule #1 restricting access to the area containing Kapoho
Beach Lots, Vacationland and Kapoho Farm Lots; and
WHEREAS, on May 31, 2018, the Mayor of the County of Hawaii issued a
Mandatory Evacuation Order for identified areas within the Leilani Estates
subdivision; and
WHEREAS, on June 7, 2018, the Chief Election Officer and the Hawaii
County Clerk, issued a joint proclamation determining that a natural disaster
exists that substantially impairs the ability of voters to exercise their right to vote
in District Precincts 04-03 and 04-04 in the Primary Election scheduled on
August 11, 2018; and
WHEREAS, the joint proclamation declared the election in District
Precincts 04-03 and 04-04 to be conducted by absentee mail ballot and that
absentee ballots would be mailed to all registered voters in the affected precincts
sufficiently in advance to permit the voters to return the ballots by 6:00 p.m. on
election day; and
WHEREAS, it was declared in the joint proclamation that absentee ballots
would be mailed during the week of June 25, 2018 and that occurred; and
WHEREAS, the joint proclamation stated that election officials must make
judgments based on the information available at the time and the unique
circumstances of the occasion; and
WHEREAS, on July 2, 2018, the Mayor of the County of Hawaii issued a
Third Supplementary Emergency Proclamation declaring that a continued state
of emergency exists and that certain sections of the Hawaii County Code be
suspended.
WHEREAS, Chapter 127A, Hawaii Revised Statutes (HRS) and
Chapter 7, Articles 1 and 2 of the Hawaii County Code, establishes a Civil
Defense Agency within the County of Hawaii and prescribes its powers, duties,
and responsibilities; and
WHEREAS,%election officials have continued to monitor and asses the
developing situation and the Civil Defense Agency's constant updates to the
public have been a critical part of that monitoring and assessment; and
WHEREAS, the County Civil Defense Administrator has represented to
County Election Officials that the current eruption is stable. There continues to
be a channelized flow from Fissure 8 to the Kapoho coastline which results in
periodic overflows along the channel. No new areas are being threatened.
Ground inflation and cracking which resulted in the closure of highway 130 to
local traffic only was reopened to the public by the State Department of
Transportation on July 3, 2018; and
WHEREAS, the County of Hawaii Civil Defense Administrator has
represented to County Election Officials that a polling place can currently be
operated safely in Pahoa; and
WHEREAS, Section 11-15.2, HRS, provides a person who is eligible to
vote but is not registered to vote may register by appearing in person on the day
of the election, at the polling place in the precinct associated with the person's
residence; and
WHEREAS, the Attorney General has opined that the previous mailing of
absentee ballots does not prevent election officials from continuing to make
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decisions based on the information available and the unique circumstances of
the occasion and that these decisions can include the opening of a polling place;
and
NOW, THEREFORE, the Chief Election Officer and the Hawaii County
Clerk hereby determine that a dual polling place will be operated at Pahoa
Community Center on the day of the Primary Election, to allow voters in District
Precincts 04-03 and 04-04, who have not already voted by absentee mail ballot
or at an absentee polling place, to vote. A person who is eligible to vote but is
not registered to vote may register by appearing in person, on the day of the
election, at the polling place in the precinct associated with the person's
residence. HRS § 11-15.2. As such, those whose residence is in District
Precinct 04-03 or 04-04 will be eligible to register to vote and vote in person on
election day at the Pahoa Community Center, Pahoa, Hawaii.
DONE at the Office of Elections in Pearl City,
Hawai'i, this 6th day of July, 2018.
SCOTT T. NAGO
Chief Election Officer
DONE at the Office of the County Clerk in Hilo,
Hawai' u is 6th day of July, 2018.
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Clerk