STATE
OF
OFFICE OF ELECTIONS
FACTSHEET
2008 Constitutional
Convention and
Constitutional Amendment
Questions and
City/County Charter
Amendments and Initiatives
STATE OF
Shall
there be a convention to propose a revision of or amendments to the
Constitution?
AMENDMENTS TO THE STATE
CONSTITUTION
Shall the age qualification for the office of
governor and office of lieutenant governor be reduced from thirty years of age
to twenty-five years of age?
The
full text of the charter amendments covered by this ballot is available for
inspection at your polling place. Ask an
Election Official for it, if you wish to see it.
For each
question:
If you agree
with the proposal, VOTE “YES.”
If you
disagree with the proposal, VOTE “NO.”
Should the
Should Article XI of the
1) providing that ordinances
approved by initiative cannot be amended by the County Council for at least
three years, except by a two-thirds vote; 2) giving the petitioner’s committee,
rather than the County Clerk, ultimate responsibility to provide a ballot
title, question, and summary prior to
the circulation of any petition; 3)
requiring notice if the petition circulators were paid for their services; 4)
changing identification requirements for electors signing petitions to add
their month and day of birth and the last four digits of their social security
number and remove the requirement to include their residence address; 5)
requiring the publication in two daily newspapers with the largest circulation
the ballot title, question, summary and arguments for and against the measure
for three Sundays preceding the election;
6) adding a section of definitions to clarify terms; and 7) extending
some of the timeframes for submission and review of petition documents?
Should the County Charter be
changed to establish an Office of the Legislative Auditor to perform
independent audit functions and that would 1) give exclusive authority to the
County Council to appoint the legislative auditor to a six-year term, subject
to removal for cause by a two-thirds vote of the County Council; 2) set minimum
qualifications for the legislative auditor; 3) make the legislative auditor,
not the County Clerk, the administrative head of the office; 4) clarify that
the legislative auditor has the authority to conduct performance and/or
financial audits of any County agency or program; 5) grant the legislative
auditor full access to any county employee or record not protected by law; 6)
grant the legislative auditor full access to property, facilities, or equipment
of any County agency or program; 7)
authorize the legislative auditor to administer oaths, subpoena witnesses, and
gather records pertinent to the audit; and 8) hire an outside attorney.
Should
PROPOSED
AMENDMENT BY INITIATIVE TO THE HAWAI‘I
The
full text of the amendment to the Hawai‘i
OBJECTIVE SUMMARY
Proposal:
The
proposal would add an article to the Hawaii County Code titled and to be known
as the "Lowest Law Enforcement Priority of Cannabis Ordinance". The proposed article would direct law
enforcement officials of the
Present Provision:
The Hawai‘i
BALLOT QUESTION 1.
Should
the Hawaii County Code be amended to add a new article that would be titled and
known as the "Lowest Law Enforcement Priority of Cannabis Ordinance",
which would (1) direct the county to make law
enforcement related to Cannabis (marijuana) offenses, when the Cannabis
is only intended for adult personal use, their lowest law enforcement priority;
(2) define "adult personal use" to include the use of Cannabis on
private property only by persons twenty one years of age or older; (3) prevent
county law enforcement officials from accepting deputization or commissions
from a federal law enforcement agency for purposes of investigating, citing, or
arresting citizens or searching or seizing their property if doing so is inconsistent
with the lowest law enforcement priority of Cannabis ordinance; (4) prohibit
the Hawaii County Council from authorizing the acceptance of or issuing funding
to be used to investigate, cite, arrest, prosecute, search or seize property
from adults when doing so would be inconsistent with the lowest law enforcement
priority for Cannabis policy; (5) and
direct the County Council not to support the acceptance of any funds for the
marijuana eradication program?
IF YOU AGREE, VOTE “FOR”
IF YOU DISAGREE, VOTE “AGAINST.”
KAUAI: RELATING TO
“Should the Kaua‘i
County Charter be amended to require that the two candidates who receive the highest
number of votes in the primary election for the office of mayor and prosecuting
attorney, regardless of whether a candidate receives a majority of the votes
cast at the primary election, run in the general election?”
“Should the Kaua‘i
County Charter be amended to conform to state law requiring that all meetings of the County Council be open to the
public unless allowed to be closed under the State Sunshine law, Chapter 92,
Hawai‘i Revised Statutes?”
“Should the Kaua‘i County Charter be amended to expressly permit county board and commission members to appear on
behalf of private interests before any county board, commission or agency
except the board or commission on which they serve?”
“Shall an elected or appointed
officer or employee, or member of a board or commission not be allowed to
participate in matters pending before them where the member or any member of
his immediate family has a personal financial interest or an organization in
which they occupy a leadership position has a direct financial interest?”
KAUAI: RELATING TO THE OFFICE OF THE
"Shall an elected or
appointed officer or employee, or member of a board or commission not be
allowed to participate in matters pending before them where the member or any
member of his immediate family has a personal financial interest or an
organization in which they occupy a leadership position has a direct financial
interest?"
"Shall
Article III of the Charter of the
SECTION
1
Article
III of the Charter of the
Implementation
of the General Plan
A. The power to process and to issue any
zoning, use, subdivision, or variance permit for more than one transient
accommodation unit shall be vested in and exercisable exclusively by the
council. As used in this Section, 'transient accommodation unit' shall mean an
accommodation unit or a portion thereof in a hotel, timeshare facility, resort
condominium, fractional ownership facility, vacation rental unit or other
similarly-used dwelling that is rented or used by one or more persons for whom
such accommodation unit is not the person's primary residence under the
Internal Revenue Code.
B. Any applicant seeking the issuance of a
zoning, use, subdivision or variance permit for more than one accommodation
unit shall certify to the planning department whether any use of the units as a
transient accommodation unit is projected by the applicant. Prior to granting
any such permit for a transient accommodation unit, the council shall conduct a
public hearing and make a finding that granting such permit would be consistent
with the planning growth range of the general plan and in the best interests of
the county and its people. Approval of any such application shall require a
favorable vote of two thirds (2/3) of the entire membership of the council.
Appeals of any decision by the council relating to such permits must be
instituted in the circuit court within thirty (30) days after entrance of the
final decision of the council.
C. The council may by ordinance authorize the
planning commission to process and issue such permits, or certain of them, on
terms and conditions as the council may deem advisable, only upon the council's
enactment of a rate of growth ordinance that limits the rate of increase in the
number of transient accommodation units in the county to no greater than
one-and-one-half percent (1.5%) per annum on a multi-year average basis, or
such growth rate that is within the planning growth range of a future general
plan adopted pursuant to Section 14.08.
SECTION
2
The
council shall adopt such ordinances, laws, rules and regulations as are
necessary to carry out the terms and intent of this amendment to the Charter.
SECTION 3
If
any provision of this amendment shall be held by a final order of a court of
competent jurisdiction to be invalid, all of the other terms of the amendment
shall remain in full force and effect."
OFFICIAL
BALLOT
GENERAL
ELECTION
TUESDAY,
NOVEMBER 4, 2008
AMENDMENTS TO
THE CHARTER
OF THE CITY
AND
PROPOSED BY
THE CITY COUNCIL
“The
full text of the charter amendments covered by this ballot is available for
inspection at your polling place. Ask an
election official for it, if you wish to see it.”
1. “Shall the Prosecuting
Attorney be allowed to initiate, develop, and perform or coordinate programs,
projects and activities, as determined by the prosecuting attorney, on the
subject of crime, including but not limited to crime research, prevention and
education?”
Yes
_____
No
_____
2. “Shall the Revised City
Charter be amended to authorize the city Ethics Commission to impose civil
fines established by ordinance for violations of the standards of conduct
committed by appointed officers and employees of the city who have significant
discretionary or fiscal power?”
Yes
_____
No
_____
3. “Shall the Revised
Charter of the City and
Yes
_____
No
_____
4. “Shall the powers,
duties, and functions of the city, through its director of transportation
services, include establishment of a steel wheel on steel rail transit system?”
Yes
_____
No
______