Laws governing recall in Hawaii

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Hawaii allows recall of local elected government officials at the county level. The recall process is governed by county charters.[1]

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.[2]

Article XII of the Hawaii County Charter says, "In addition to impeachment procedures, any elective officer may be removed from office by the voters of the county."[3] This is the case for all counties in Hawaii.

## Contents

* 1 Who may be recalled?
* 2 Features of the law
* 2.1 Commencement
* 2.2 Grounds for recall
* 2.3 Signature requirements
* 2.4 Date of recall election
* 2.5 Ballot wording
* 3 See also
* 4 External links
* 5 Footnotes

## Who may be recalled?[edit]

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

In Hawaii, there is no right of statewide recall, either of federal or state government officials, and no ability to recall members of the Hawaii State Legislature.

## Features of the law[edit]

Can you recall a federal official?

The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level.
Read Ballotpedia's explanation »

### Commencement[edit]

Under the Hawaii County Charter, 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.[3]

### Grounds for recall[edit]

In Hawaii, no specific grounds are required for seeking a recall.[3]

### Signature requirements[edit]

See also: Hawaii signature requirements

To force a recall election 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.[3]

To force a recall election 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."[4][5]

To force a recall 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.[6]

### Date of recall election[edit]

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."[3]

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."[6]

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."[4]

### Ballot wording[edit]

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?”[3]

## See also[edit]

* Laws governing recall
* Recall campaigns in Hawaii
* States that have pre-petition signature requirements for recalls
* States that require grounds for recalls

## External links[edit]

* Hawaii County Code
* Honolulu County Charter
* Kauai County Code
* Maui County Charter

## Footnotes[edit]

1. ↑ WHYY, "Mapping: State laws for recalling or removing local elected officials," October 18, 2016
2. ↑ MauiCounty.gov, "Office of the County Clerk," accessed February 27, 2019
3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Hawaii County Charter, "Article XII Removal of Elected Officers," accessed February 17, 2023
4. ↑ 4.0 4.1 Kauai County Charter, "Article XXVIII Recall," accessed February 17, 2023
5. ↑ 5.0 5.1 Maui County Charter, "Article 12 Recall" accessed February 17, 2023
6. ↑ 6.0 6.1 Honolulu.gov, "Online Charter," June 30, 2017

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