Laws governing local ballot measures in Hawaii

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Ballot Law Portal

Laws Governing Ballot Measures

Hawaii Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII

All Hawaii counties have an initiative and referendum process for local ballot measures (this includes the consolidated city-county of Honolulu).

This article sets out the laws governing local ballot measures in Hawaii. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

There are four local governments with charters in Hawaii. The only city in Hawaii is Honolulu which is consolidated with the county of Honolulu. The other counties are Hawaii, Maui, and Kauai. Hawaii has 17 special districts.

School districts

See also: School bond and tax elections in Hawaii

Hawaii is one of nine states along with the District of Columbia to not have school bond and tax elections. The Hawaii Constitution has a mandated bond issue law in which the Hawaii Legislature approves bond issues for school districts for both public and private schools. The Constitutional requirement also mandates that school districts use special purpose revenue bonds. Under the requirement, the issuer enters into a contract with the seller of the bonds in which they promise to make a good faith effort to pay down the interest and principal of the bonds.

Local recall rules

Hawaii does not have a recall process.

Initiative process availability

An initiative process is available in all four counties for citizens to propose ordinances and charter amendments (including the consolidated city-county of Honolulu). The process requirements are set by the county's respective charter.

Authority

Neither state statutes nor constitutional law explicitly provide an initiative and referendum process to the local level.

Counties are given the right to have home rule under Hawaii Constitution, Article VIII, Section 2 and Chapter 46 of state laws. All powers and limitations are defined in State Statute §46-1.5.

State Statute §50-11 guarantees that all amendments to a county charter must be submitted to a voter referendum, but details are left up to the charter itself.

Each of the 4 counties has adopted initiative provisions for citizens to propose ordinances and charter amendments and all but Honolulu have adopted veto referendum provisions in their respective charters.

Initiative process features

A guide to local ballot initiatives

Initiative process by county   Consolidated City-County of Honolulu Ordinances: The signature requirement is 10% of the total voters registered in the last regular mayoral election. Each voter signing such petition shall add to the signature, the voter's printed name, residence, social security number and the date of signing. Petitions shall set forth the proposed ordinance, a circulator affidavit must be attached, and 3-5 persons must be designated to approve any alterations to the text. After signature certification, the council may adopt the proposed ordinance or submit it at a scheduled general or special election. Petitions should be filed at least 90 days before a scheduled election to appear on that ballot. An additional provision provides that if the petition is signed by at least 15% of the votes cast for mayor in the last regular mayoral election (with a request for a special election), a special election shall be called if there is no scheduled election within 180 days. Ordinances adopted by initiative are not subject to a mayoral veto, and shall not be amended or repealed by the council within two years after adoption, except as a result of subsequent initiative or by an ordinance adopted by the affirmative vote of at least three quarters of the entire council after a public hearing. (Honolulu Charter, Art. III, Chap 4) Restrictions: The initiative power shall not extend to any ordinance authorizing or repealing the levy of taxes, the appropriation of money, the issuance of bonds, the salaries of county employees or officers, or any matter governed by collective bargaining contracts. (Honolulu Charter, Sec. 3-401) Charter amendments: The initiative process for charter amendment largely follows the same requirements for ordinances. The signature requirement is 10% of the total voters registered in the last regular mayoral election. Each voter signing such petition shall add to the signature, the voter's printed name, residence, social security number and the date of signing. Petitions shall set forth the proposed amendment, a cirulator affidavit must be attached, and 3-5 persons must be designated to approve any alterations to the text. The difference is that after certification, the proposed amendment must be submitted at the next general election. (Honolulu Charter, Art. XV) Charter, Art. III, Chap.4 and Art. XV County of Hawaii Ordinances: The signature requirement is 15% of the total number of persons who voted in the county for the office of mayor in the last mayoral election. A petitioners' committee of 5 voters of the county must provide notice to the county clerk meeting the requirements of Hawaii Charter, Sec. 11-4. The clerk will provide sample petitions, conforming to the form and content requirements contained in Sec. 11-5. After certification, the council has 60 days to adopt or shall submit at the next general election. Ordinances adopted by initiative may not be repealed or amended for at least three years, except by a two-thirds vote of the city council. (Hawaii Charter, Article XI) Charter amendments: The signature requirement is 20% of the total ballots cast in the last preceding general election. Petition content requirements are in the Hawaii Charter, Sec. 15-1. After certification, the proposed amendment shall be submitted at the next general election. (Hawaii Charter, Article XV) Hawaii Charter, Art. XI and Art. XV County of Maui Ordinances: The signature requirement is 20% of the total number of voters who cast ballots in the last mayoral general election. Any 5 qualified voters may commence initiative proceedings by filing with the county clerk an affidavit with the content required in the Maui Charter, Sec. 11-2. Petition content requirements are in Sec. 11-3. Completed petitions must be assembled as one instrument and filed with the county clerk within 180 days of the initial affidavit. After certification, the council has 60 days to adopt the ordinance or submit it to the voters at the next general election, provided the next general election is not scheduled in less than 90 days. Any ordinances enacted pursuant to this article may be amended or repealed by ordinance enacted after one year from the date of certification, but only by the affirmative vote of at least two-thirds of the council membership. (Maui Charter, Art. 11) Restrictions: Initiatives shall not extend to: any part or all of the capital program or annual budget; any property tax levied; any ordinance making or repealing any appropriation of money; any ordinance authorizing the issuance of bonds; any ordinance authorizing the appointment of employees; or, any emergency ordinance. (Maui Charter, Sec. 11-1) Charter amendments: The Maui charter provides two separate options to initiate charter amendments. The first requires a petition signed by 10% of the voters registered in the last general election. The proposed amendment is presented to the city council, which votes on whether or not to submit it to an election. The second option is a petition signed by 20% of the voters registered in the last general election. After certification of a 20% petition, the proposed amendment shall be submitted at the next general election. Petition content requirements are in Maui Charter, Sec. 14-1. (Maui Charter, Art. 14) Maui Charter, Art. 11 and 14 County of Kauai Ordinances: The signature requirement is 20% of the number of eligible voters in the last preceding general election. Petitions must name 5 qualified voters of the county as the responsible petitioner's committee. Other petition content requirements are in Kauai Charter, Sec. 22.05. After certification, the council has 60 days to adopt the proposed measure or they shall submit it at the next general election. The council may, at its discretion, call a special election. Petitions must be filed at least 120 calendar days prior to the day scheduled for the general election in the county to appear on that ballot. (Kauai Charter, Art. XXII) Restrictions: The initiative power shall not extend to any part or all of the operating budget or capital budget; any financial matter relating to public works; any ordinance authorizing or repealing the levy of taxes; any emergency legislation; any ordinance making or repealing any appropriation of money or fixing the salaries of county employees or officers; any ordinance authorizing the appointment of employees; any ordinance authorizing the issuance of bonds; or any matter covered under collective bargaining contracts. (Kauai Charter, Sec. 22.02) Charter amendments: The signature requirement is 5% of the voters registered in the last general election. The petition content requirements are in the Kauai Charter, Sec. 24.01. After certification, the proposed amendment shall be submitted to the voters of the county at the next general election. (Kauai Charter, Art. XXIV) Kauai Charter, Art. XXII and Art. XXIV

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Hawaii
• Counties in Hawaii

External links

• Ballotpedia Research Document, Local Initiative in Hawaii
• Hawaii Office of Elections, "Initiative and Referendum Factsheet," August 12, 2011
• Hawaii State Statutes