HomeMy WebLinkAboutComm No 0010.01 - Response - Elections Program Administrator - Article XII - Recall ProceduresJon Henricks
County Clerk
December 5, 2018
Aaron Brown
Deputy County Clerk
OFFICE OF THE COUNTY CLERK
Elections Division
County of Hawai i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
TO: Douglass Shipman, Chair Hawai`i County Charter Commission
and Members of the Hawai`i County Charter Commission
FROM: Pat Nakamoto, Elections Program Administrator
Hawai`i County Office of Elections
RE: Questions Pertaining to Article XII of the Hawai`i County Charter
Please see below my responses to questions arising out of discussion of Article XII of the County
Charter. I intend to be available for discussion on these matters during the December 14, 2018,
meeting of the Charter Commission.
1. Section 12-1.6 requires that a person signing a recall petition include the last four digits
of his or her social security number.
Is this a requirement that can still be lawfully executed, or, has it been deemed a violation
of privacy by a higher authority?
If so, would you recommend that the Charter Commission remove this requirement, and
perhaps replace with a different requirement to ensure identity?
Voters are no longer required to provide a social security number when registering to vote. I
would suggest removing requirement to include last four digits of social security number.
All signers of a Recall petition would be verified using their first and last name. Therefore, if the
commission would consider deleting part of Section 12-1.3 that states, signers of a recall petition
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. I would suggest deleting the underlined
section.
2. As provided in Section 12-1.7, how is a "majority of the electors qualified to vote on the
question" defined?
Comm. No. 10.1
Hawai'i County is an equal opportunity provider and employer.
Section 12-1.1 (c) defines "qualified voter" a person who is registered to vote in the county on
the day that the clerk begins the examination to determine the sufficiency of the signatures on the
petition.
3. With regard for the previous question, do blank and spoiled ballots factor in any way, or
is it a simple matter of one more yes vote than no vote means a "majority of the electors
qualified to vote on the question"?
12-1.7 does not reference blank or spoiled ballots. Therefore, one more yes, would mean a
majority of the electors qualified to voter on the question.
4. Do you see a potential conflict between Section 12-1.6 and Section 12-1.7, with regard to
language providing how votes should be counted, and if so, should that potential conflict
be addressed by the Commission?
I don't see a conflict. It appears that there are two requirements that need to be met.
Requirement 1 — Section 12-1.6 (b) (1) (2)
1. For recall of elected officials, if the total votes cast is less than fifty percent of the valid
votes cast in the last election for the office subject to the recall petition, the officer sought
to be recalled shall not be deemed recalled.
Requirement 2 — Section 12-1.7
2. If a majority of the electors qualified to vote on the question at a recall election vote
"Yes", the elected officer shall be deemed recalled and removed from office.
PN