HomeMy WebLinkAboutCOMM. 101 COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
25 Aupuni Street
/ Hilo, Hawaii 96720.
MEMORANDUM
To: • R. B. Legaspi, County Clerk Date October 24, 1979
From: Stephen G. Bess, Corporation Counsel,
Subject: Special Charter Election-Holiday; Absentee Voting.
This is in response to your request of October 19 ,
1979 , wherein you asked for an opinion on the following
questions:
1. Whether the day preceding a special charter
election which falls on a Saturday is a holiday.
2 . If the day preceding such a special charter
election is a holiday, whether the County Clerk' s
Office can remain open that day to administer
absentee balloting.
1. Special Charter Election - Holiday.
We understand that pursuant to Section 15-3 of the •
County Charter, County of Hawaii, a'- proposed new charter
will be submitted to the electors of the County for their
decision on November 3,.1979. We further .understand that
this submission has been designated a Special Charter Election
and falls on a Saturday.
Section 8-1, Hawaii Revised Statutes (H.R.S . ) , provides
in pertinent part:
•
"Holidays designated. The following days of
each year are set apart and established as state
holidays:
"All election days, except primary election
day, in the county wherein the election is.
held; . . . . "
COMM. NO. /
Mr. R. B. Legaspi -2- October 24, 1979
1
Since the Special Charter Election is clearly an election,
and is not a primary election,2 the day of the Special Charter
Election, November 3, 1979 , is a State holiday within the
County under the terms of Section 8-1, H.R.S. .
Section 8-2, H.R.S. , states:
"Observance. of holidays falling on Sundays
and Saturdays. If any of the State' s legal holidays
fall on Sunday, the following Monday shall be observed
as a holiday. If the day falls on Saturday, the
preceding Friday shall be observed as a holiday. "
As stated above, the day of the Special Charter Election
is a State holiday. Further, the day falls on November 3, 1979 , a
Saturday. Therefore,, it is controlled by Section 8-2 , H.R.S . ,
and "the preceding Friday shall be observed as a holiday. "
It should be noted that Sections 8-1 and 8-2, H.R.S. ,
have been incorporated verbatim as provisions in each and
every collective bargaining agreement between the State and the
counties and public employees.
1
Section 11-1, H.R.S. , defines:
" 'Election, ' all elections, primary, special primary,
general, special general, special, or county, unless
otherwise specifically stated. " .
2
Section 11-1, H.R.S. , defines:
" 'Primary, ' a preliminary election in which the
• voters nominate candidates for office as provided
for in chapter 12. "
In the SpecialCharter Election, the voters will simply
decide for or against the charter provisions.
i
Mr. R. B. Legaspi -3- October 24, 1979
2. Special Charter Election - Absentee Voting.
We understand thatin the past, the Office of the County
Clerk has accepted in person absentee voting until 4 :30 p.m.
of the day preceding the election. Further, the day preceding
an election has never been a holiday. Thus, in the past,
the County Clerk' s Office administered absentee balloting
during the hours of a normal business day.
Section 15-7, H.R.S. , provides as follows:
"Absentee polling place. An absentee polling
place shall be established at the office of the
respective clerks or a place designated by the
clerk under the provisions prescribed in the rules
promulgated by the chief election. officer. The
absentee polling place shall be open before election
• day to handle the absentee voters who axe voting
in .person. "
• In accordance with this provision, Rule 3. 6-C of
the Rules.. and Regulations Governing Elections 1978 was
• promulgated. It specifies that the County Clerk shall:
•
"Determine the duration and hours of operation for the
absentee polling place. The absentee polling place
shall close no later than 4 :30 p.m. on the day prior to
Election Day. Adequate notice shallbe provided to the •
voters
These provisions allow the Clerk' s Office to administer
absentee balloting until 4
g •.30 p.m. on the day prior to
election day. .Nowhere is this authority qualified so as to
not apply on holidays. .
In the present case, since the day preceding the Special
Charter Election is a holiday, it follows that the County
Clerk' s Office may remain open that day as an absentee
polling place.
Should you decide not to administer absentee balloting
on ,the holiday preceding the election, adequate notice must
be provided to. all prospective absentee voters. (See Rule
3.6-C of the Rules and Regulations Governing Elections
1978. ) Since absentee polling places have been traditionally
open until 4 :30 p.m. on the day prior to election and your •
office, by a press release dated October 4, 1979, advised
the public that the Clerk' s Office was designated as an
absentee polling place "beginning October 24 , 1979 through
November 2, 1979 , " notice must be sufficient to countermand
Mr. R. B. Legaspi -4- October 24, 1979
or rescind your earlier directive. Our office will be
happy to review any proposed notices of rescission or
amendment, if you decide to amend your earlier notices to
the public by deleting November 2nd as a day for absentee
voting at the Clerk' s Office.
SGB:ds