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Laws governing recall in Hawaii

From Ballotpedia

Recall elections

Laws governing recall
Recall efforts by state
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Recall efforts by type

Select a state from the menu below to learn more about its laws governing recall elections.

Arecall election is the process by which citizens may remove elected officials from office before the expiration of their terms.This article summarizes the laws governing recall elections in Hawaii. Hawaii allows for the recall of local elected government officials at the county level, which is governed by county charters.^[1]

In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Clickhere for more information.

Offices subject to recall

Federal officials

TheU.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members ofCongress, theSupreme Court has never ruled on whether such recalls are constitutional.^[2] Ballotpedia does not provide coverage of federal recalls. Clickhere for more information.

State officials

Hawaii law does not provide for the recall of state officials.

Local officials

Any local elected official may be recalled. The right of local recall does not extend to removing school board members.

Process

The counties of Hawaii, Honolulu, Kauai, and Maui outline similar procedures for recalls in their county charters. Elections in the county of Kalawao are governed by the Maui County Clerk's office.^[3]

Prerequisites

Term length

Under the Hawaii, Maui, and Kaui County charters, elected officials are immune to recall efforts for the first six months of their term and for 12 months after being retained in a recall election.^[4]^[5]^[6] According to the Honolulu County Charter, recall petitions cannot be filed against an elected officer during the first or last year of his or her term, or within six months of an unsuccessful recall election against the officer.^[7]

Reasons for recall

In Hawaii, no specific grounds are required for seeking a recall.^[4]

Petition

Signature requirements

See also:Hawaii signature requirements

In Hawaii County, signatures equaling "twenty-five percent of the total valid votes cast for the office subject to the recall petition in the last election" must be submitted to the county clerk for a recall election to be held.^[4]

For a recall election to be held in Kalawao, Kauai, or Maui counties, the petition must be signed "by currently registered voters numbering not less than 20 percent of the voters registered in the last general election."^[5]

For a recall election to be held in Honolulu County, signatures equal to "at least ten percent of the total voters registered" in the district must be submitted to the county clerk.^[7]

Election

Date of recall election

In Hawaii County, if the recall petition receives enough signatures, the county clerk must give immediate notice to the targeted official. If that official does not resign within 10 days after receiving notice, election authorities are required to set the date of the recall election "not less than sixty nor more than ninety days after the petition has been presented to the council."^[4]

In Honolulu County, if the recall petition receives enough signatures, the county clerk must give immediate notice to the targeted official. If that official does not resign within 10 days after receiving notice, election authorities are required to set the date of the recall election. The charter stipulates, "If a general or special city or state election is to be held not less than thirty days nor more than ninety days after the ten days have expired, the recall question shall be placed before the voters at such an election. Otherwise, a special recall election shall be fixed for a date not earlier than thirty days nor later than ninety days after ten days have expired."^[7]

In Kalawao and Maui counties, if the recall petition receives enough signatures, the county clerk must give immediate notice to the targeted official. If that official does not resign within five days after receiving notice, election authorities are required to set the date of the recall election. The charter stipulates, "Any such election shall be held not less than sixty (60) nor more than ninety (90) days after the petition has been presented to the council, at the same time as any other election held within such period; but if no election is to be held within such period, the council shall call a special recall election to be held within the time aforesaid."^[5]

In Kauai County, if the recall petition receives enough signatures, the county clerk must give immediate notice to the targeted official. If that official does not resign within five days after receiving notice, election authorities are required to set the date of the recall election "not less than seventy-five nor more than ninety days after the petition has been presented to the official."^[6]

Ballot wording

All county charters in Hawaii require that recall ballot language be as follows: “Shall (name of person) be removed from the office of (name of office) by recall?”^[4]

Legislation involving recall elections

The table below lists bills related to recall elections in Hawaii. The following information is included for each bill:

State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page onBallotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.