H.B. NO.














Relating to elected Public Officers.





     SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART  .  RECALL OF ELECTED Public Officers

     §11-A  Recall measure; petition.  (a)  A recall measure shall be submitted to the voters for a recall vote with the signatures of registered voters of not less than fifteen per cent of all votes cast for all candidates for the office subject to recall at the general election preceding the filing of the recall petition.  In districts in which voters cast their votes for multiple representation in a particular office in that district, the total votes cast for all candidates for that office in the last general election shall be divided by the number of elected public officers who hold that particular office to obtain the number of signatures needed.

(b)  Only those registered voters who are entitled to cast votes for the elected public officer named on the recall petition shall be qualified to sign the recall petition and to vote in the recall election.

     (c)  The recall petition shall state the reason for the recall vote.  Unresponsiveness to the needs of the officer's constituents shall be adequate reason for the recall of any elected public officer.

     (d)  Prior to the circulation of any recall petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the chief purpose and aim of the proposed measure within seven business days.

     §11-B  Ballot; approval of recall.  (a)  A ballot for the recall of an elected public officer shall include, subject to a two-hundred word limit for each of the following:

     (1)  The reasons for the demand of the recall of the officer as set forth in the recall petition; and

     (2)  The officer's response to the reason for the recall as set forth in the recall petition.

     In addition to the above, any measure under this section shall be presented to the voters in such a form that a "yes" vote, on a yes or no ballot, shall indicate an affirmative vote for the measure as the measure is written.

     (b)  The recall measure shall be effective, if approved, one day after the election results are certified by the chief election officer, unless otherwise provided for by law.

     §11-C  Verification and certification of recall petition; role of chief election officer.  (a)  All recall petitions shall be submitted to the chief election officer for certification.  Each sheet containing petitioners' signatures shall be attached to the title, summary and text of the recall petition.  There shall be no limit on the number of copies of a recall petition that may be circulated.  Any registered voter of the State shall be competent to solicit signatures.  No person circulating a recall petition shall be eligible to receive any compensation for services as a petition circulator.  All individuals who sign the recall petition shall add their address as shown on their voter registration form, the last four digits of their social security number and the date upon which they sign the recall petition.

     (b)  To obtain the required number of signatures of registered voters, the circulators of the recall petition shall have:

     (1)  Sixty days, when fewer than five thousand signatures are required;

     (2)  Ninety days, when at least five thousand but no more than ten thousand signatures are required;

     (3)  One hundred twenty days, when at least ten thousand but no more than fifty thousand signatures are required;

     (4)  One hundred sixty days, when at least fifty thousand but no more than one hundred thousand signatures are required; and

     (5)  One hundred eighty days, when at least one hundred thousand signatures are required.

     (c)  Every sheet of the recall petition containing signatures shall be verified by an affidavit of the petition circulator that each name on the sheet was signed in the presence of the affiant and that in the belief of the affiant, each signer is a registered voter of the State and, if applicable, of the affected political subdivision or district.  The chief election officer shall verify and certify that the signers are registered voters of the State and of the affected political subdivision or district.

     (d)  The chief election officer shall release any recall petition for inspection by the public or any governmental agency when a question has been raised regarding the sufficiency of a recall petition.  If any petition under this section has been determined to be insufficient, the petition shall be returned to the circulators within sixty days of its filing with the notations of specific insufficiencies.  Petition circulators shall have additional time in which to correct the specific insufficiencies of a recall petition, in accordance with subsection (a).

     §11-D  Limitations.  (a)  No recall petition shall be filed against any elected public officer unless the officer has served at least six months of the officer's term of office.  No recall petition shall be filed within one year of a primary election in which an elected public officer is required to seek nomination for reelection.  If a recall petition is filed against an elected public officer whose term of office expires at a general election after a forthcoming primary election and the petition is filed no more than one hundred eighty days and not fewer than ninety days prior to the primary election, the chief election officer shall cause the recall measure to be submitted to the voters at that general election.  All other recall petitions shall cause a recall special election to be proclaimed by the chief election officer between fifteen and thirty days after the recall petition has been determined to be sufficient.

(b)  If a recall vote fails to recall the affected officer, the affected officer shall not be subject to another recall vote for the remainder of the term of office to which the officer was elected to serve.

     §11-E  Costs.  The petitioners shall bear all costs of the preparation and circulation of the recall petition, except for the services performed by the attorney general under this part. After the recall petition has been filed with the chief election officer, all further costs shall be part of the usual expenditures of the State."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  This Act shall take effect upon the

ratification of a constitutional amendment that provides for the recall of elected public officials.








Report Title:

Recall Petition; Statutory Provisions



Provides for the recall of elected public officials.  Effective upon ratification of constitutional amendment.




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