HOUSE OF REPRESENTATIVES	H.B. NO.	962
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

proposing an amendment to the constitution of the state of hawaii to provide for recall.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to propose an amendment to article II of the Hawaii Constitution to provide for recall.  The legislature finds that no method exists for the recall of state elected officials in Hawaii and that such a political mechanism would be in the best interests of Hawaii. Recall gives voters the right to reconsider their choice of an elected official.  This Act is self-executing, but the legislature may enact legislation to facilitate its operation, including the timing and manner of a recall election, provided that the legislation may not restrict or limit the provisions of this section or the powers reserved in this section.

     SECTION 2.  Article II of the Hawaii Constitution is amended by adding a new section to be appropriately designated and to read as follows:

     "Section  . Recall.  The power of recall of elected government officials shall be reserved to the people. A petition for recall must contain the signatures of qualified electors equal to at least 25% of the vote cast for the office held within the same district or jurisdiction as that officeholder. Signatures must be dated within 60 days from the filing of a recall petition.  Only one petition for recall may be filed against an official throughout the duration of their term. Within 30 days of receiving a sufficient petition, the office of elections will announce a date for a recall election, which shall fall on a Tuesday.  Insufficient petitions shall be given 5 days to correct any delinquencies.

Challenges to recall petitions must be filed within ten days of the grant of a successful recall petition.  Grounds for challenge include: duplicitous signing of petition by a single individual; fraudulent signatures; signatures by ineligible parties; misrepresentation by circulator of the purpose of the petition; signatures obtained prior to the filing of the petition or after the 60 day allotment has elapsed.  All challenges shall be reviewed and ruled upon by the office of elections within 14 days.

Incumbent officeholders will not be required to file any documentation and shall automatically appear as a candidate on the recall ballot.  A candidate shall not appear on the ballot if the candidate fails to file the appropriate paperwork with the office of elections by the filing deadline which shall be the Tuesday preceding the recall election."

SECTION 3.  The question to be printed on the ballot shall be as follows:

    "Shall the State Constitution be amended to specify that the power of recall of elected government officials shall be reserved to the people?"

    SECTION 4.  New constitutional material is underscored.

SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Hawaii Constitution.

 

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Recall

 

 

Description:

Amends article II of the state constitution to provide for recall.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.