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MAUI COUNTY INITIATIVE PROCESS


MCCFDIA is committed to providing positive changes for the people of Maui County through the use of voter registration efforts and the county initiative process. We hope that every citizen takes an active part in the democratic process.

The Maui County Charter provides a method for Maui's citizens to place their own initiatives directly onto the ballot in Article 11 Initiative in the 2003 Edition of The Charter - County of Maui.

 

 


CHARTER COUNTY OF MAUI

2003 EDITION

ARTICLE 11 INITIATIVE

1. The voters of the county shall have power to propose ordinances to the council. If the council fails to adopt an ordinance so proposed without any change in substance, the voters may adopt the same at the polls, such power being known as the initiative power.

2. The voters shall have power to propose the reconsideration by the county of an adopted ordinance or any portion thereof. If the county fails to repeal an ordinance so reconsidered the voters shall have the power to reject the same at the polls, such power also being known as the initiative power.

3. The initiative power shall not extend: a. To any part or all of the capital program or annual budget; b. To any property tax levied; c. To any ordinance making or repealing any appropriation of money; d. To any ordinance authorizing the issuance of bonds; e. To any ordinance authorizing the appointment of employees; or, f. To any emergency ordinance. (Amended 2002)

Section 11-2. Affidavit. Any five qualified voters may commence initiative proceedings by filing with the county clerk an affidavit stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed ordinance, or citing the ordinance or portion thereof sought to be reconsidered. In addition the affidavit shall state that they:

1. Will constitute the petitioners' committee; 2. Will be responsible for circulating the petition; and 3. Will file it in proper form. Promptly after such affidavit is filed, the clerk shall issue the appropriate
petition blanks to the petitioners' committee.
Section 11-3. Petitions.

1. Petitions shall be filed as one instrument and shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

2. Such petitions must be signed by not less than twenty percent (20%) of the total number of voters who cast ballots in the last mayoral general election.

3. Each signature shall be followed by the printed or typewritten identification of the name of the individual signing the petition and that individual's place of residence.

4. To each such petition paper there shall be attached an affidavit of the circulator stating:
a. That he or she personally circulated the paper;

b. The number of signatures thereon;

c. That all the signatures were affixed in his or her presence and that he or she believes them to be the genuine signature of the person whose name it purports to be; and,

d. That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (Amended 2002)

Section 11-4. Filing and Certification.

1. Within one hundred eighty (180) days after the filing with the county clerk of the affidavit described in Section 11-2, all papers forming an initiative petition shall be assembled and filed with the county clerk as one instrument. If an individual who has signed the petition wishes to withdraw the individual's signature from the petition, written notice of the withdrawal must be filed with the county clerk of the county within fifteen (15) days after the filing of the affidavit described in Section 11-2.


2. Within forty-five (45) days after the petition is filed, the county clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of the county clerk's examination. If the county clerk certifies that the petition is insufficient, the county clerk shall set forth in the certificate the particulars in which the petition is defective, and shall promptly send it to the petitioners' committee. (Amended 2002)

Section 11-5. Supplementary Petitions.

1. In the event the initial petition contains insufficient valid signatures, it may be supported by supplemental signatures of voters signed in the manner required in Section 11-3 of this Article. Such supplementary signatures shall be appended to the initial petition at any time within twenty (20) days after receipt by the petitioners' committee of notification that the county clerk has certified the initial petition insufficient.

2. The clerk shall within ten (10) days after such supplementary signatures are filed make a like examination of them and shall promptly issue a certificate as to their sufficiency. Such certificate shall be sent to the petitioners' committee.

3. If a petition or supplemented petition is certified insufficient, or if a petition or supplemented petition is certified insufficient and the petitioners' committee does not elect to amend or request council review as provided hereinafter, the clerk shall promptly present the clerk's certificate to the council. The certificate shall then be a final determination as to sufficiency. Such determination, however, shall be subject to judicial review by a court of competent jurisdiction. A final judicial determination of insufficiency shall not prejudice the filing of a new petition for the same purpose.

Section 11-6. Action on Petitions.

1. When an initiative petition has been finally determined sufficient, the council shall promptly consider the proposed ordinance or reconsider the ordinance or portion thereof sought to be reconsidered. If the council fails to enact a proposed ordinance without change in substance, or fails to repeal the referred ordinance or portion thereof within sixty (60) days after the date the petition was finally determined sufficient, the county clerk shall submit the proposed or referred ordinance to the voters of the county at the next general election; provided that, if the next general election is scheduled to occur within ninety (90) days, the county clerk shall submit the proposed or referred ordinance to the voters of the county at the succeeding general election. Copies of the proposed ordinance or referred ordinance shall be published in a newspaper of general circulation in the county at least forty-five (45) days prior to submission to the voters and shall be made available at the polls.

2. An initiative petition may be withdrawn at any time prior to the ninetieth (90th) day preceding the day scheduled for a vote of the county by filing with the county clerk a request for withdrawal signed by at least eighty percent (80%) of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. (Amended 2002)

Section 11-7. Results of Election. If a majority of the qualified electors voting on a proposed ordinance vote in its favor, it shall be considered enacted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

Section 11-8. Publication: Repeal and Amendment. Initiative ordinances enacted by the voters shall be published and shall take effect as prescribed for ordinances generally. Any ordinances enacted pursuant to this article may be amended or repealed by ordinance enacted after one (1) year from the date of certification, but only by the affirmative vote of at least two-thirds of the council membership. (Amended 2002)

 


 

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Maui County Citizens for Democracy in Action 2012