Laws governing recall in Hawaii

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Laws governing recall
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A recall 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. Click here for more information.

## Contents

* 1 Offices subject to recall
* 1.1 Federal officials
* 1.2 State officials
* 1.3 Local officials
* 2 Process
* 2.1 Prerequisites
* 2.1.1 Term length
* 2.1.2 Reasons for recall
* 2.2 Petition
* 2.2.1 Signature requirements
* 2.3 Election
* 2.3.1 Date of recall election
* 2.3.2 Ballot wording
* 3 Legislation involving recall elections
* 4 See also
* 5 External links
* 6 Footnotes

## Offices subject to recall[edit]

### Federal officials[edit]

The U.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 of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[2] Ballotpedia does not provide coverage of federal recalls. Click here for more information.

### State officials[edit]

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

### Local officials[edit]

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

## Process[edit]

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[edit]

#### Term length[edit]

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[edit]

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

### Petition[edit]

#### Signature requirements[edit]

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[edit]

#### 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."[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[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?”[4]

## Legislation involving recall elections[edit]

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 on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

## See also[edit]

* What are recalls?

Read more

* Recall efforts

Read more

* Ballotpedia's Recall Report

Read more

* Recalls by state

Read more

* Recalls by office

Read more

* Recall laws

Read more

## 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. ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
3. ↑ MauiCounty.gov, "Office of the County Clerk," accessed February 27, 2019
4. ↑ 4.0 4.1 4.2 4.3 4.4 Hawaii County Charter, "Article XII Removal of Elected Officers," accessed September 16, 2025
5. ↑ 5.0 5.1 5.2 Maui County, "Charter County of Maui," accessed September 16, 2025
6. ↑ 6.0 6.1 County of Kauai, "The Charter of the County of Kaua'i," accessed September 16, 2025
7. ↑ 7.0 7.1 7.2 City and County of Honolulu, "Revised Charter of the City & County of Honolulu 1973 (Amended 2017 Edition)," accessed September 16, 2025

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