Honolulu City Charter provisions regarding initiative petitions

Section 3-402.  Procedure for Enactment and Adoption -- 

 1. Petition.  An ordinance may be proposed by petition, signed by duly registered voters equal in number to at least ten percent of the total voters registered in the last regular mayoral election. 

 2. Form of Petition.  Each voter signing such petition shall add to the signature, the voter's printed name, residence, and the date of signing. 

 3. Affidavit on Petition.  Signatures may be on separate sheets, but each sheet shall have appended to it the affidavit of some person, not necessarily a signer of the petition, 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 city, that they signed with full knowledge of the contents of the petition and that their residences are correctly given. 

 4. Proposed Ordinance.  Such petition shall set forth the proposed ordinance, or a draft of the proposed ordinance may be attached and made a part of such petition.  (Petition 

No. 17 (1982); Reso. 83-357; 1992 General Election Charter Amendment Question Nos. 15 and 

32A(7)) 

Section 3-403.  Filing and Examination of Signatures on Petition -- 

 1. Duty of Clerk.  Upon filing of such petition with the council, the clerk shall examine it to see whether it contains a sufficient number of apparently genuine signatures of duly registered voters.  The clerk may question the genuineness of any signature or signatures appearing on the petition, and if the clerk finds that any such signature or signatures are not genuine, the clerk shall, after public disclosure of the signatures in question, disregard them in determining whether the petition contains a sufficient number of signatures. 

 2. Clerk to Reject Petition, When.  The clerk shall eliminate any sheet of the petition which is not accompanied by the required affidavit.  The invalidity of any sheet shall not affect the validity of the petition if a sufficient number of signatures remains after eliminating such invalid sheet.  The clerk shall complete the examination of the petition within twenty working days after the date of filing with the council. 

 3. Review by the Court.  A final determination as to the sufficiency or validity of the petition may be subject to court review.  (Petition No. 17 (1982); Reso. 83-357; 1992 General 

Election Charter Amendment Question Nos. 32A(7) and 32A(8)) 

Section 3-404.  Submission of Proposal to Electors -- 

 1. For General Elections.  Any petition for proposed ordinance which has been filed with the council at least ninety days prior to a general election and which has been certified by the clerk, shall be submitted to electors for the aforementioned general election. 

 2. For Scheduled Special Elections.  If any petition for proposed ordinance is filed at least ninety days before a scheduled special election within the city and which has been certified by the clerk, it shall be submitted to the electors for the aforementioned special election. 

 3. For Initiative Special Elections.  A special election for an ordinance by initiative power shall be called within ninety days of filing of the petition if signed by duly registered voters equal in number to at least fifteen percent of the votes cast for mayor in the last regular mayoral election, and if such petition specifies that a special election be called; provided that if the clerk certifies less than fifteen percent but at least ten percent, the proposed ordinance shall be submitted at the next general election or scheduled special election.  No special initiative election shall be held if an election is scheduled within one hundred eighty days of submission of the proposal. 

 4. Adoption by the Council.  If the council introduces and adopts after three separate readings, including a public hearing, the proposed ordinance which was the basis for a petition on or before ten days prior to date of publication of the proposed ordinance as required in this charter, then the proposed ordinance need not be submitted to the electors.  (Petition No. 17 (1982); 1992 General Election Charter Amendment Question No. 32A(7)) 

(As of February 20, 2001) 

Section 3-405.  Adoption, Effective Date and Limitation -- 

 1. Adoption and Effective Date of Ordinance.  Any proposed ordinance which is approved by the majority of voters voting thereon shall be adopted, and shall become effective ten days after certification of the results of the election, or at the time and under the conditions 

specified in the ordinance; provided, however, that in the event that two or more proposed ordinances conflict with each other in whole or in part and each is approved by a majority of the voters voting thereon, the proposed ordinance receiving the highest number of votes shall be adopted and shall take effect as aforesaid. 

 2. No Veto.  No ordinance adopted by the initiative power shall be subject to mayoral veto. 

 3. Limitation Against Council.  No ordinance adopted by initiative power shall be amended or repealed by the council within two years after adoption, except as a result of subsequent initiative or by an ordinance adopted by the affirmative vote of at least three quarters of the entire council after public hearing.  (Petition No. 17 (1982); 1992 General Election 

Charter Amendment Question No. 20)