HomeMy WebLinkAboutCOMM. 102 •
COUNTY OF HAWAII
OFFICE _OF THE CORPORATION COUNSEL
tr 25 Aupuni Street
• ' Hilo, Hawaii 96720
• MEMORANDUM
To: R. B. Legaspi, County Clerk Dare October 25, 1979
From: Stephen G. Bess, Corporation Counse](r •
Subject: Postponement of Special Charter Election.
•
We write in response to your request of October 19 ,
• 1979 , wherein you asked for an opinion .on the question of
• who is authorized to postpone the Special Charter Election
scheduled for November 3, .1979.
The Charter Commission called for the special election. •
It scheduled the election for November 3 , 1979 , following the
recommendation of the County Clerk.
• Section 50-10, Hawaii Revised Statutes (H.R.S. ) , provides
as follows:
"Publication and submission to electors . The
county clerk shall provide for the submission of
• the proposed charter. . .to the qualified electors
of t e., o�inty for approval at a general election
h__.c�____ ova
or special election to be held on the date determined
by the charter commission; . . . . " (emphasis added)
It seems clear from the face of the statute that the Legislature
intended the Commission have the authority to schedule a
special charter election.1 This view is confirmed by the
legislative history of this provision. Senate Standing Committee
Report 324 on Senate Bill 416-65 (Act 65, 1965) which established
this provision reported:
"Section 143A-10 [§50-10] is amended to allow the •
charter commission, if it so desires, to set a
• date for a special election for ratification of
the charter. "
1
The phrase "on the date determined by the charter
commission", can only be interpreted to apply to special
elections since the date for all general elections is
provided for in the Constitution of the State of Hawaii,
Article II , Section 8.
•
• COMM. NO. ` '
•
Mr. R. B. Legaspi -2- October 25, 1979
The Charter Commission' s authority is also established
in the County Charter, County of Hawaii, 1968 . Section 15-3
provides in pertinent part as follows:
"The commission may propose amendments to the
existing charter or a draft of a new charter
which shall be submitted to the county clerk. Upon
receipt of the amendments or charter, the county
• clerk shall provide for the submission of such
amendments or charter to the electors of the county
at either a general or a special election as determined
by the commission. " (emphasis added)
In understanding this provision, we find the following
excerpt from the minutes of the third Charter Commission.
helpful:
"Shikada: Shouldn't there be somebody to call a special
election if there is to be one?
* *
"Omonaka: The commission decides.
"Koehnen: If you want the commission to decide, it would
read: ' . . .at either a general or special
election as determined by the commission. '
(emphasis theirs)
•
• Any discussion on the amendment?
All those in favor say aye, opposed?
The amendment is carried. "
Hawaii County Charter Commission
Minutes December 7, 1967, p. 25.
Clearly, under the language of Section 50-10, H.R.S. ,.
and Section 15-3 of the Charter, the Charter Commission has
the authority to determine the date for a special charter
election. It is our opinion that implicit in this authority
is the power to redetermine or postpone the date of the
special election.
2
. Section 50-10, H.R.S. , limits the authority of the •
Charter Commission to schedule a special election as
follows:
•
". . . the special election shall hot be held within
thirty days before the closing of the date for filing
nominations for regular county elections. "
We find no other limitation or qualification of the Commission' s
authority to determine the date of a special election.
f' •
Mr. R. B. Legaspi -3- October 25, 1979
Therefore, in the present case, the Charter Commission
has properly authorized a special charter election for .
November 3 , 1979 , and it is within the Commission' s authority
• to postpone the election.
SGB:ds