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Home My WebLink AboutCHC 2000 PROPOSAL 01CHARTER AMENDMENT NO. 1 NONPARTISAN ELECTIONS BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII: Section 1. Section 13-27 of the Hawaii County Charter is amended to read as follows: "Section 13-27. County Election. No person shall be a candidate for more than one elective office in the same election [, nor shall a candidate defeated in the primary election seek an elective office in the general election unless placed on said ballot as a substitute for a candidate who has expired, withdrawn or been disqualified]. If no person is elected to a county office, the county council shall appoint a person to fill such office. County elections shall be conducted in accordance with the election laws of the state insofar as applicable. All county elective officers—mayor, _ council members, and prosecuting attorney-- shall be elected in nonpartisan special elections. Such special elections shall be held with the primary and general elections of the applicable year. �c1 First special election. The first special election shall be held with the regularly scheduled primary election. Any candidate for mayor, prosecuting attorney or council receiving a majority of all votes validly cast for candidates for that office, excluding blank and spoiled ballots, shall be deemed elected. If there is only one candidate for the office, that candidate shall be deemed elected regardless of the number of votes received. Second special election. The second special election shall be held with the regularly scheduled general election. Unless a candidate has been elected in the first special election the two candidates receiving the highest number of votes for the office in question in the first special election shall be placed on the ballot for the second special election. At the second special election the candidate receiving_the highest number of votes for each respective office shall be deemed elected." Section 2. Section 3-2 of the Hawaii County Charter is amended to read as follows: "Section 3-2. Composition and Terms. There shall be a county co:aricil composed of nine members. One member shall be elected from each of nine districts. The terms of the council members shall be two years and shall begin at twelve o'clock meridian on the first Monday of December after their election. The terms of the council members shall not exceed four consecutive two year terms. Candidates shall be [nominated and] elected in accordance with the election laws of the state[.]. insofar as applicable." Section 3. Section 3-4 of the Hawaii County Charter is amended to read as follows: "Section 3-4. Vacancy in Office. When any vacancy occurs in the county council, the remaining members of the council shall appoint as a successor a person [of the same political party as the person succeeded] with the requisite qualifications to fill the vacancy. Within thirty days after the occurrence of any vacancy, the council chairperson shall notify all remaining members of the council by registered mail that on a specified regular meeting date, formal action shall be taken to fill the vacancy. Should the council fail to fill any vacancy within sixty days after its occurrence, the chairperson of the council shall appoint a successor to fill the vacancy for the unexpired term. The person appointed shall serve until a successor is duly elected and seated. [If the vacancy occurs less than sixty days before the next regularly scheduled primary election, the person appointed shall serve the entire unexpired term. If the vacancy occurs more than two years before the end of the term, and sixty days or more before the next regularly scheduled primary election, the council shall, through its clerk, immediately issue an election proclamation announcing that candidates shall be nominated to fill the unexpired term of the office at a special primary election to be held at the same time as the regularly scheduled primary election, and that the successor shall be elected at a special general election, to be held at the same time as the regularly scheduled general election. The proclamation shall also announce the date for the close of filing of nomination papers for the office, which shall be ten days after the issuance of the election proclamation, or sixty days before the primary election, whichever comes later. The election shall be held in accordance with the election laws of the state insofar as otherwise applicable. The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election.]" Section 4. Section 5-1.4 of the Hawaii County Charter is amended to read as follows: "Section 5-1.4. Vacancy in Office. A vacancy in the office of mayor shall be filled by the managing director, or if the office of managing director is vacant, or during such periods as the managing director is unable to so act, by the finance director until a successor is duly elected and seated. If the vacancy occurs [less than sixty days before] after the filing deadline for the next regularly scheduled primary election, the managing director shall serve the entire unexpired term. [If the vacancy occurs more than two years before the end of the term, and sixty days or more before the next regularly scheduled primary election, the council shall, through its clerk, immediately issue an election proclamation announcing that candidates shall be nominated to fill the unexpired term of the office at a special primary election to be held at the same time as the regularly scheduled primary election, and that the successor shall be elected at a special general election, to be held at the same time as the regularly scheduled general election.] If the vacancy occurs before the filing deadline for COUN,125WINALIN PE.125 • the next regularly scheduled primary election in the middle of the mayoral term, the council shall. through its clerk, immediately issue an election proclamation, announcing that a successor will be elected as prescribed in section 13-27. The proclamation shall also announce the date for the close of filing of nomination papers for the office, which shall be ten days after the, issuance of the election proclamation, or [sixty days before] the filing deadline for the primary election, whichever comes later. The election shall be held in accordance with the election laws of the state insofar as otherwise applicable. The person elected as the successor shall serve out the unexpired term of the person succeeded commencing at 12 o'clock meridian on the first Monday of December following the election." Section 5. Section 11-2 of the Hawaii County Charter is amended to read as follows: "Section 11-2. Submission Requirements. (a) Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to the council and containing the full text of the proposed ordinance. The initiative petition shall be filed with the clerk of the council at least forty- eight hours prior to any regular council meeting. (b) Voters seeking referendum on an ordinance shall submit a referendum petition addressed to the council, identifying the particular ordinance and requesting that it be either repealed or referred to the voters of the county. (c) Each initiative petition and each.referendum petition must be signed by qualified voters of the county equal in number to at least fifteen percent of the total number of persons who voted in the county for the office of mayor in the most recent second special election, or. if there had not been a second special election, in the last preceding general election." Section 6. Charter material to be repealed is bracketed. New charter material is underscored. Section 7. This amendmentwill take effect upon its approval by the voters. COUN\ 125\FIN AL\NP E.1225