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Laws governing local ballot measures in Hawaii

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Laws Governing Local Ballot Measures

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This page describes the state constitutional provisions and statutes that govern local ballot measures in Hawaii. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

Law

The Hawaii Constitution and Hawaii Revised Statutes establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in Hawaii, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing: Elections for local ballot measures are held either during a general election or a special election on a date that is determined by the charter commission, as long as it is not held within 30 days before the closing date for filing nominations for regular county elections. The commission must also provide for the publication of the proposed charter 21 days prior to the election.[1]
  • Vote requirements: All local ballot measures in Hawaii require a simple majority vote to be approved.[2]
  • Required ballot measures: Both Article VIII, Section 2 of the Hawaii Constitution and H.R.S. §46-1.5 grant municipalities home rule authority, and H.R.S. §50-11 mandates that all charters must provide for a process for amendments to be submitted to a vote of the people. [2]

Initiatives

The following outlines the general rules that govern local citizen-initiated ballot measures in Hawaii.

  • Authority: There are no statewide rules mandating that amendments be submitted through the initiative process. Specific laws are found in local charters and ordinances.
  • Signatures: There are no statewide signature requirements for initiatives, and they are instead specified within each county.
    • Consolidated City-County of Honolulu: At least 10% of the total voters registered in the last regular mayoral election.[3]
    • County of Hawaii: At least 15% of the total number of persons who voted in the county for the office of mayor in the last mayoral election.[4]
    • County of Maui: At least 20% of the total number of voters who cast ballots in the last mayoral general election.[5]
    • County of Kauai: At least 20% of the number of eligible voters in the last preceding general election.[6]
  • Deadlines: There are no statewide deadlines for initiatives. Specific deadlines are published in local charters.
    • Consolidated City-County of Honolulu: At least 90 days before a scheduled election.[3]
    • County of Hawaii: Signatures must be submitted to the county clerk within 30 days of filing.[4]
    • County of Maui: Signatures must be filed with the county clerk within 180 days of the initial affidavit.[5]
    • County of Kauai: Petitions must be filed at least 120 calendar days before the day scheduled for the general election in the county.[6]

Referrals

The following outlines the general rules that govern local referred ballot measures in Hawaii.

  • Authority: Both Article VIII, Section 2 of the Hawaii Constitution and H.R.S. §46-1.5 grant municipalities home rule authority, and H.R.S. §50-11 mandates that all charters must provide for a process for amendments to be submitted to a vote of the people. However, there are no statewide rules mandating that amendments be submitted through a legislative referral process. Specific laws are found in local charters and ordinances.
  • Deadlines: There are no statewide deadlines for legislative referrals. Specific deadlines are published in local charters and statutes.

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

See also

Footnotes