SB2359.DOC

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 Definitions. As used in this part, "elected public officer" includes the governor, lieutenant governor, state senator, or state representative, as applicable, who is the subject of a recall under this part.

§11-B Recall petition; resignation of elected public officer. (a) A recall of an elected public officer shall be initiated by a recall petition signed by at least twenty-five per cent of the registered voters who voted in the last election for the office of that elected public officer in the case of a senator or representative, or in the case of the governor or lieutenant governor by at least fifteen per cent of the registered voters who voted in the last election for that office. The petition shall include each registered voter's name, signature, residence address, month and day of the voter's date of birth, and the date of signing. The recall petition may but shall not be required to state the grounds for the recall, and the grounds shall not be subject to challenge.

(b) The time to collect signatures on a recall petition from the date of the first signature on the petition is initiated shall be as follows:

(1) For each statewide, senatorial, or representative district where fewer than 5,000 signatures are required, petitioners shall have sixty days to collect signatures;

(2) For each statewide, senatorial, or representative district where 5,000 to 10,000 signatures are required, petitioners shall have ninety days to collect signatures;

(3) For each statewide, senatorial, or representative district where 10,001 to 50,000 signatures are required, petitioners shall have one hundred twenty days to collect signatures;

(4) For each statewide, senatorial, or representative district where 50,001 to 100,000 signatures are required, petitioners shall have one hundred sixty days to collect signatures; and

(5) For each statewide, senatorial, or representative district where more than 100,000 signatures are required, petitioners shall have one hundred eighty days to collect signatures.

(c) Signatures on a recall petition may be on separate sheets, but each sheet shall have appended to it an affidavit that to the best of the affiant's knowledge and belief the persons whose signatures appear on the sheet are duly registered voters of the State, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given.

§11-C Circulation of petition. (a) A recall petition may be circulated solely by registered voters in the district of the elected public officer sought to be recalled.

(b) No entity or agent shall circulate or cause to be circulated a recall petition in lieu of or on behalf of any person authorized to circulate a recall petition pursuant to subsection (a).

(d) Violation of this section shall be a misdemeanor.

§11-D Filing and certification of recall petition.

(a) A recall petition shall be tendered for filing with the office of elections. The filing shall designate the name and address of the person to whom a copy of the affidavit of the chief elections officer shall be provided under subsection (b). The chief elections officer shall examine the petition to determine whether it contains a sufficient number of apparently genuine signatures of registered voters. The chief elections officer may question the genuineness of any signature or signatures appearing on the recall petition and if the chief elections officer finds that any such signature or signatures are not genuine, the chief elections officer shall disregard them in determining whether the petition contains a sufficient number of signatures. The chief elections officer shall eliminate any sheet of the petition that is not accompanied by the required affidavit. The invalidity of any sheet of the petition shall not affect the validity of the petition if a sufficient number of signatures remains after eliminating an invalid sheet. The chief elections officer shall complete the examination of the petition within ten working days after the submission of the petition and shall thereupon file the petition if valid or reject it if invalid.

(b) If after examination of the petition pursuant to subsection (a) the chief elections officer finds the petition to be insufficient, the chief elections officer shall affirm under oath that the petition is insufficient. The chief elections officer shall set forth in an affidavit the particulars in which the petition is defective and shall attach to the affidavit copies of all pages of the petition containing signatures found to be invalid. The chief elections officer shall file the affidavit with the office of elections and provide a copy of the filed affidavit and attachments to the person designated to receive a copy of the affidavit of the chief elections officer pursuant to subsection (a).

(c) As soon as the chief elections officer accepts a recall petition for filing, the chief elections officer shall notify the elected public officer that the petition has been filed. The elected public officer may resign from office within seventy-two hours of receipt of the notice, thereby terminating the recall election proceedings; otherwise, the chief elections officer shall arrange a recall election pursuant to section 11‑E.

(d) The recall petition shall be deemed a public record, and the chief elections officer shall release any recall petition for inspection by the public or any government agency when a question arises regarding the sufficiency of the recall petition.

§11-E Recall election. If the elected officer does not resign from office within seventy-two hours after notice is given under section 11-D to the elected public officer, the chief elections officer shall arrange a recall election. If a general or special state election is to be held at least thirty-five days after the seventy-two hours have expired, the recall question shall be placed before the voters at the general or special election; provided that a special recall election may be fixed for a date prior to the next general or special election but in no event earlier than thirty-five days after the seventy-two hours have expired. The elected public officer may resign at any time prior to the recall election, and thereupon the election shall not be held.

§11-F Recall ballot question. (a) The following question shall be presented to each voter in a recall election: "Shall (name of elected public officer) be recalled and removed from the office of (title of office)?"

(b) If a simple majority of the registered voters who vote on the question at a recall election vote "Yes," the elected public officer shall be deemed recalled and shall be removed from office. Otherwise, the elected public officer shall remain in office.

(c) No elected public officer who has been removed from elected office or who has resigned from elected office pursuant to this part shall be eligible for election or appointment to any office of the State within two years after the removal or resignation.

(d) No recall petition shall be filed against an elected officer within the first six months served of the officer's term or within twelve months after an unsuccessful recall election against such officer.

§11-G Recall election manual. The office of elections shall prepare a public information manual in print and electronic format to serve as a guide to the laws and rules on conducting recall petitions and elections. The print and electronic format shall include a printable and acceptable format for a petition and the affidavits required to be appended to the petition."

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. In codifying this Act, the revisor shall substitute the appropriate section numbers for the letter designations used in this Act.

SECTION 4. This Act shall take effect upon the ratification of a constitutional amendment that provides for the recall of elected public officers.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2359
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII