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HomeMy WebLinkAbout2014_1124_AgendaPacket James Nishida, Jr. Members: Chair Mary Lou Barela Joel Guy Ed Justus Jan TenBruggencate Patrick Stack Vice Chair Carol Suzawa COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, November 24, 2014 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, L-1hu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of October 27, 2014 BUSINESS CRC 2014- 13 Review and discussion of the final results of the 2014 Charter Amendments CRC 2013 -03 Review of Recommendations in Ramseyer form from legal analyst Curtis Shiramizu on identifying and proposing non-substantive corrections and revisions to the Kauai County Charter (On-going; defer pending Staff and Legal Review) CRC 2014-05 Discussion and possible decision-making on whether a footnote is required to clarify subsections B. and C. of Section 26.04. Status of Departments and Transfer of Funds (Defer pending receipt of the County Attorney's opinion) CRC 2014-06 Discussion on whether there is a need to define what a charter amendment is a. Add a preamble or an additional paragraph to section 1 .01 (Defer pending receipt of County Attorney's opinion as to whether the Preamble to the Charter was adopted by the people in 1968 and why it does not show up in subsequent documents) b. October 27 revision of proposal to Article XXIV by Commissioner Justus clarifying what constitutes a charter amendment c. Request for Legal Review for Section 24.01 , Initiation of Amendments (Defer pending receipt of the County Attorney' s Opinion) d. Charter Amendment Petition Guidelines & Exhibits; Instructions for Voter Amendments ANNOUNCEMENTS Next Meeting: Monday, December 22, 2014 at 4:00 pm in the Mo 'ikeha Building, Meeting Room 2A/B An Equal Opportunity Employer ADJOURNMENT EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. Cc: Deputy County Attorney PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1 . Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3 . Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5 . If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five (5) minutes. A speaker' s time may be limited to three (3) minutes if, in the discretion { of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 L-ihu` e, HI 96766 E-mail:bdavi s(&kauai.g_ov Phone: (808) 2414919 Fax: (808) 241 -5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting. Charter Review Commission — November 24, 2014 2 1 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date October 27, 2014 Location Mo 'ikeha Building, Meeting Room 2A/2B 4Start of Meeting: 4:01 pm End of Meeting: 5 : 13 pm Present Chair James Nishida; Vice-Chair Jan TenBruggencate. Members : Joel Guy (4:06 pm); Ed Justus; Patrick Stack; Carol Suzawa; Also : Deputy County Attorney Nick Courson (4:06 pm); Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator Paula Morikami Excused Member Mary Lou Barela Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nishida called the meeting to order at 4:01 m with 5 Commissioners present Approval of Regular Open Session Minutes of August 25, 2014 Mr. TenBruggencate moved to approve the Minutes minutes as circulated. Mr. Justus seconded the motion. Motion carried 5 :0 Business CRC 2013 -03 Review of Recommendations in Ramseyer form from legal Mr. TenBruggencate moved to defer. Ms. analyst Curtis Shiramizu on identifying and proposing non-substantive Suzawa seconded the motion. Motion carried corrections and revisions to the Kauai County Charter On-going 5 :0 pending Staff and Legal Review) 0 CRC 2014-05 Discussion and possible decision-making on whether a footnote is Mr. TenBruggencate moved to defer pending required to clarify subsections B. and C. of Section 26.04. Status of Departments receipt of County Attorney' s opinion. Mr. Justus and Transfer of Funds (Defer pending receipt of the County Attorney's opinion) seconded the motion. Motion carried 5 :0 �► CRC 2014-06 Discussion on whether there is a need to define what a charter amendment is a. Add a preamble or an additional paragraph to section 1 .01 (Defer -}- pending receipt of County Attorney pinion as to whether the Preamble to the Charter was adopted by the people in 1968 and why it does not show u Charter Review Commission Open Session October 27, 2014 Page 2 SUBJECT DISCUSSION ACTION in subsequent documents) b. Revision of Article XXIV by Commissioner Justus clarifying what constitutes a charter amendment Mr. Justus explained that he created the proposal amending Article XXIV by utilizing about ninety to ninety-five percent of the language in Article XXII. Mr. Justus also pointed out the amendment regarding presentation of a voter' s petition previously passed by the Commission is not included in this amendment. The current proposal defines what a charter amendment is, and establishes a clear process for the various entities that will be proposing amendments. The biggest change is the amendment proposal for voter petition which follows the same pattern as in Article XXII regarding Mr. Guy and Deputy Attorney Courson entered the initiative and referendum. Mr. Justus suggested going over each section in meeting at 4:06 p.m. order that he could explain the proposed changes. Mr. TenBruggencate asked if Mr. Justus felt the language in Article XXII was clearer than the language in Article XXIV to which Mr. Justus replied it is much clearer. The process for the people who create a petition for an initiative or referendum is laid out in a multi-page process that the petitioners need to go through. The same process is similarly applied when someone presents a charter amendment, but that process is not in the Charter. Chair Nishida asked if he had checked with the County Clerk that what is in the Charter is what they use to which Mr. Justus said no, but he would like input from the Clerk' s office. Mr. Justus proceeded to explain his proposal during which the Commission made changes. Section 24.02 of the proposed amendment: Change the header that reads "Constitution of Amendment" to Content of Amendments; the Charter is the Constitution for the County and the word is unnecessary. Delete the sentence that reads: > ereate, of Charter Review Commission Open Session October 27, 2014 Page 3 SUBJECT DISCUSSION ACTION efdinaaee language. Since this is part of a court ruling, it is not necessary as part of the Charter. Mr. Justus said the whole purpose of defining what the substance of amendments are supposed to be is to prevent things from being put on the ballot that do not constitute a valid charter amendment. While in complete agreement with that, Mr. Guy said Mr. Justus was not saying what it does not do. Mr. TenBruggencate stated that Mr. Justus had already said what was necessary in the first part of the paragraph; additional verbiage creates a problem to the potential for difficulty in the future. Section 24.03 of the proposed amendment: delete proposed words "are to" and retain the original wording of may. A discussion took place on whether the wording should be such as to indicate absolute action, but it was suggested that "may" would be adequate since it is used in conjunction with the word "only", which indicates there are no other alternatives. Section 24.04 of the proposed amendment: Change the word "can" to may in the second sentence. Following an explanation of the creation of Section 24.05 of the proposed amendment, Chair Nishida stated this bothers him because initiative and referendum creates law, which is very different from charter amendments, which creates departments, their functions, and the way government is set up. Mr. Justus explained he was not mixing the two together, he only utilized the language, and applied it to charter amendments. Chair Nishida did not think the language was necessary to charter amendments whereas it is necessary to initiative and referendum where it is actually changing law. Mr. Justus clarified that he was not talking about public initiative oin Charter Review Commission Open Session October 27, 2014 Page 4 SUBJECT DISCUSSION ACTION through a required county attorney review. This section explains the form and function that proposals are supposed to go through. Mr. TenBruggencate said this is the section he has the most trouble with; submitting the petition to the Council, and yet the language does not say what the Council is supposed to do with it, and yet all future language only deals with the County Clerk and not the Council. Would it go to the Council for approval, for processing of what; what is the Council supposed to do with it. It is also being presented to the County Attorney but for what; later on it says they can either get a review by the County Attorney or by their own private counsel. Mr. Justus pointed out this amendment does not have that and suggested looking at Section 24.07. Mr. TenBruggencate expressed concern in that he did read that section four times and asked what Mr. Justus' mission is. After Mr. Justus read aloud Section 24.07, Mr. TenBruggencate said his question is still that 24.05 says the clerk is to give the petition to the County Attorney, why? Mr. Justus said the answer is in Section 24.05 C. It is presented to the County Attorney who may propose alterations or changes in the form or language; in the current Charter the only person who is allowed to make any changes to the committee is the County Attorney. This adds clarity. Ms. Morikami said it is the understanding that the County Attorney' s Office represents the County of Kauai, which includes the Council, the Administration, and anyone who works in the County. The Attorney does not represent in any way a voter petition so when the amendment says the County Clerk will immediately present to the County Attorney the text of the proposed language the question becomes what for if they have no jurisdiction. Deputy Attorney Courson said the Attorneys give advice to the Clerk on whether the amendment is sufficient or insufficient; the Clerk is the County Attorney' s client. When the Attorney' s Office starts giving advice to the public they are working both sides, which is problematic. Mr. Charter Review Commission Open Session October 27, 2014 Page 5 SUBJECT DISCUSSION ACTION Justus responded to Ms. Morikami's comment by saying the current Charter already gives the opportunity to change the form of language or restatement of the text of the proposed amendment. Ms. Morikami said there was a specific reason, and that was the issue of "may" versus "shall" to which Mr. Justus said the text still says "may", there is no requirement of the County Attorney's Office at all. Mr. Justus asked if eliminating the last sentence in Section 24.05 A would eliminate the confusion. Eliminating that sentence still does not resolve the issue of the Council, but Mr. Justus said the reason he did not address the issue with Council is there is a charter amendment that may be going to the voters that changes it from being presented to the Council to being presented to the Clerk, and he did not want this amendment to interfere with that amendment. To clearly define anything by Council would alter the whole purpose of the last charter amendment approved by this body. Mr. TenBruggencate asked if Mr. Justus was assuming that if that measure passes it will correct this language. Mr. Justus said if that measure passes it changes the Charter, but it may not pass. W. TenBruggencate said if that measure passes and this measure passes then there is conflicting language. Mr. Justus asked Mr. TenBruggencate to explain that further because it is only correcting one word, and the new proposal is correcting a much wider range of things. Mr. TenBruggencate said if they both go forward and one charter amendment approved by the voters says it gets presented to the Council, and one charter amendment approved by the voters says it presented to the clerk, who does it get presented to? Mr. Justus said he is not altering the original language so if both measures pass it is presented to the clerk. Further discussion ensued but still left a question of conflict if both proposals pass. Deputy Attorney Courson said a charter amendment can delete, add, modify — where the inspiration is drawn from is Mr. Justus' business. Mr. Justus thought it would be legally safer to make the change of presenting to the Council in this proposal that changes everything as opposed to a single word change Charter Review Commission Open Session October 27, 2014 Page 6 SUBJECT DISCUSSION ACTION that is not part of this package. Deputy Attorney Courson said that would lessen the chances of conflict tremendously. Mr. Justus stated since this was no longer an issue to him he would be perfectly glad to reword the last sentence in proposed Section 24.05 A to read: The petition is to be presented to the county clerk. Another issue is there are several changes that people may agree with a portion of, but not with other portions. Mr. TenBruggencate said while this clarifies to whom it is to be presented it still does not address the issue of for what purpose. What authority is being given to the County Clerk; can they turn it down, submit it for legal review? Mr. Justus said his purpose for this is that the petition is to be filed with the County Clerk; filing does not have to do with voting yea or nay. The required processes are further described in the proposed amendment. Deputy Attorney Courson asked who says it is not acceptable if those processes are not done. Mr. Justus replied it is the County Clerk as noted in subsection E., and following the last petition issue is when it became clear that the language needed to be fixed. Mr. Guy said if the Commission does not support the overall perspective, clearly there will be lots of questions they can't get through; there are lots of opportunities to not move this forward if he is not getting the support. Mr. Guy wished it was clearer on the process for charter amendments. Chair Nishida asked for a motion to defer to the next meeting or a motion to accept the amendment. Mr. Justus moved to accept the amendment with the current changes as discussed. Mr. Stack seconded the motion. Mr. Guy asked if a deferral would allow the Commission to continue the discussion to get it closer to what they want to accept. Mr. Justus felt a deferral right now would not do that. The purpose of the discussion is to allow a clearer understanding of the entire proposal. Mr. Guy suggested if they defer to the next meeting they can keep working on it. If they accept Charter Review Commission Open Session October 27, 2014 Page 7 SUBJECT DISCUSSION ACTION this proposal the way it is it goes to legal review. Mr. Justus withdrew his motion. Mr. Stack withdrew his second. Mr. Guy moved to defer this proposal to next month. Mr. Justus seconded the motion. Chair Nishida asked Staff to obtain from the County Clerk the process for submitting a charter amendment so the Commission can review the clarity of those instructions. Chair Nishida felt the petitioners probably received clear instructions, but may have interpreted it differently. Motion carried 4:2 (nay — Nishida; TenBruggencate) Announcements Next Meeting: Monday, November 24, 2014 — 4:00 p.m. Adjournment Mr. TenBruggencate moved to adjourn the meeting at 5 : 13 p.m. Mr. Guy seconded the motion. Motion carried 6:0 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk James Nishida, Jr. Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of meeting. 08 O � , � James Nishida, Jr. fir+ Members: Chair p� Mary Lou Barela Joel Guy Jan TenBruggencate Ed Justus Vice-Chair ° Patrick Stack Carol Suzawa Amendments to the Charter of the County of Kauai 1. Proposing A Charter Amendment to Article XV Relating to the Department of Personnel Services. Charter Amendment. Article XV of the Kauai County Charter is amended to read as follows: ARTICLE XV [DEPARTMENT OF PERSONNEL SERVICES] DEPARTMENT OF HUMAN RESOURCES Section 15.01 . Organization. There shall be a department of [personnel services] human resources consisting of a civil service commission, a director and the necessary staff for the purpose of establishing a system of personnel administration based upon merit principles devoid of any bias or prejudice, and [providing a systematic and equitable classification of all positions through adequate job evaluation] generally accepted methods governing classification of positions and the emplo r e t, conduct, movement, and separation of public officers and employees. Section 15.02. Civil Service Commission Organization. The civil service commission shall consist of seven members who shall be in sympathy with and who shall believe in the principles of the merit system in public employment. Of the members appointed, one shall be selected from among persons employed in private industry in either skilled or unskilled laboring positions as distinguished from executive or professional positions. (Amended 2006) Section 15.03 . Powers and Duties. The civil service commission shall: A. Adopt rules and regulations to carry out the civil service and compensation laws of the State and county. Such rules and regulations shall distinguish between matters of policy left for the determination of the commission and matters of technique and administration to be left for execution by the director. B. Hear and determine appeals made by any officer or employee aggrieved by any action of the director or by any appointing authority. Appeal from the decision of the commission shall be as provided by law. R C a p / �f - 13 An Equal Opportunity Employer C. Advise the mayor and director of personnel services on problems concerning personnel and classification administration. D. Execute such powers and duties as may be provided by law. Section 15 .04. [Director of Personnel Servicesl Director of Human Resources. The director of [personnel services] human resources shall have had a minimum or five years of training and experience in personnel administration either in public service or private business, or both, at least three years of which shall have been in a responsible administrative capacity and shall be in sympathy with the principles of the merit system. [He] The director shall be appointed and may be removed by the commission. The director shall be the head of the department of [personnel services] human resources and shall be responsible for the proper conduct of all administrative affairs of the department, and for the execution of the [personnel] human resources managem program prescribed in this charter and in the ordinances and regulations authorized by this charter. C Section 15.05. [Civil Service and Exemptions. All positions in the county, except those exempted by law, shall be under civil service.] Human Resources Management Program. The director of human resources shall be responsible for the execution of the human resources manaprouam which shall include: A. Classification, recruitment, selection, employment, deplo mpromotion, evaluation, discipline, and separation of employees. B. Labor relations and negotiations. C. Administration of employment policies and trainings related to employee benefits, conduct, development, and safety and injM prevention. D. Workers' compensation. E. Equal employment opportunities, F. Workforce coordination and planning_ G. Administration of the civil service system as prescribed by statute. H. Other related duties as may be determined by the Mayor." Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Ouesdon: Shall the Department of Personnel Services be changed to the Department of Human Resources, with additional human resources functions ? Yes : 139825 (57.5%) No. 6038 (25,1 %) Blank: 49174 (1794%) Over: 6 ( 000%) Charter Review Commission - August 13, 2014 Page 1 2. Proposing a Charter Amendment to Article XXIV Relating to Charter Amendment. Charter Amendment. Article XXIV of the Kauai County Charter is amended to read as follows: ARTICLE XXIV CHARTER AMENDMENT Section 24.01 . Initiation of Amendments. Amendments to this charter may be initiated only in the following manner: A. By resolution of the council adopted after two readings on separate days and passed by a vote of five or more members of the council. B. By petition presented to the council, signed by registered voters comprising not less than five percent of the number of voters registered in the last general election, setting forth the proposed amendments. Such petitions shall designate and authorize not less than three nor more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments which may be made by the county attorney. Upon filing of such petition with the council, the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of registered voters. Section 24.02. Elections to be Called. A. Any resolution of the council or petition of the voters proposing amendments to the charter shall provide that the proposed amendments shall be submitted to the voters of the county at the next general election. B. The county clerk shall have summaries of the proposed amendments published in a ( newspaper of general circulation in the county and the entire text published by electronic or online publication on the official website of the County of Kauai at least thirty (30) days prior to submission of the proposed amendments to the voters of the county at the next general election. C. Should the majority of the voters voting thereon approve the proposed amendments to this charter, the amendments shall become effective at the time fixed in the amendment, or, if no time is fixed therein, thirty (30) days after its adoption by the voters of the county. [Any] Summaries of an y charter amendment shall be published in a newspaper of general circulation in the county and the entire text published by electronic or online publication on the official website of the County of Kauai within thirty (30) days of the effective date of such amendment. Section 24.03 .Charter Review. The mayor with the approval of the council shall appoint, with appropriate staffing, a charter commission composed of seven members who shall serve in accordance with Section 23 .02C of this Charter to study and review the operation of the county government under this charter for a Charter Review Commission - August 13, 2014 Page 2 period of ten years commencing in 2007. Thereafter, the mayor with the approval of the council shall appoint a charter commission at ten year intervals. In the event the commission deems changes are necessary or desirable, the commission may propose amendments to the existing charter or draft a new charter which shall be submitted to the county clerk. The county clerk shall provide for the submission of such amendments or new charter to the voters at any general or special election as may be determined by the commission. The commission shall publish summaries of any such amendments or new charter not less than thirty (30) days before any election at least once in a newspaper of general circulation within the county and the entire text of the amendments or new charter by electronic or online publication on the official website of the County of Kauai. A. Unless a new charter is submitted to the voters, each amendment to the charter shall be voted on separately. B. If a majority of the voters voting upon a charter amendment votes in favor of it or a new charter, if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter, or if no time is fixed, thirty (30) days after its adoption by the voters. [Any] Summaries of any new charter or amendment shall be published [in its entirety] in a newspaper of general circulation within the county, and the entire text published by electronic or online publication on the official website of the County of Kauai not more than thirty (30) days after its adoption. Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Ouestiom Should the county be allowed to publish summaries of charter amendments or a new charter in a newspaper of general circulation and the entire text on the official website of the County of Kauai? Yes : 179691 (7396%) No: 29775 (11.5%) Blank: 39569 (14.8%) Over: 8 ( 000%) Charter Review Commission - August 13, 2014 Page 3 3. Proposing An Amendment to Charter Section 27.07 Relating to Recall Ballots Charter Amendment. Article XXVH, Section 27.07 of the Kauai County Charter is amended to read as follows: ARTICLE XXVII RECALL Section 27.07. Ballots. The ballots at such recall election shall, with respect to each person whose removal is sought, submit the question: "Shall (name of person) be removed from the office of (name of office) by recall? " Immediately following each such question, there shall be printed on the ballots the two propositions in the order set forth: "For the recall of (name of person). " "Against the recall of (name of person). " Immediately next to the [right of the] proposition there shall be designated spaces in which to mark the ballot FOR or AGAINST the recall. A majority vote shall be sufficient to recall such officer, subject to the provisions of Section 27.06 of this article. Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question. Shall Charter section 2 7. 0 7 regarding recall ballots be amended to comply with State law and to meet voting system requirements ? Yes : 179747 (73.6%) No: 29156 ( 900%) Blank: 49136 (171%) Over: 4 ( 000%) C. Charter Review Commission - August 13, 2014 Page 4 ARTICLE XXIV CHARTER AMENDMENT Section 24 . 04 . Substance of Amendments . Any amendment to the charter is limited in substance to amending the form or structure of county government as initially established by adoption of the charter . ( language taken and adapted from ohana amendment court decision) Ballot Question : Shall it be clarified what constitutes a charter amendment? (original Article XXIV & exceprt from Ohana Amendment Court Ruling below) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ARTICLE XXIV CHARTER AMENDMENT Section 24 . 01 . Initiation of Amendments . Amendments to this charter may be initiated only in the following manner : C_ A . By resolution of the council adopted after two readings on separate days and passed by a vote of five or more members of the council . Be By petition presented to the council , signed by registered voters comprising not less than five percent ( 5 % ) of the number of voters registered in the last general election , setting forth the proposed amendments . Such petitions shall designate and authorize not less than three nor more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments which may be made by the county attorney . ( Amended 2012 ) Upon filing of such petition with the council , the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of registered voters . ( Amended 2012 ) Iola 0711 j 1 6 ifo'o 0? Z) / I onaw 610 Section 24 . 02 . Elections to be Called . A . Any resolution of the council or petition of the voters proposing amendments to the charter shall provide that the proposed amendments shall be submitted to the voters of the county at the next general election . B . The county clerk shall have the proposed amendments published in a newspaper of general circulation in the county at least thirty ( 30 ) days prior to submission of the proposed amendments to the voters of the county at the next general election . C . Should the majority of the voters voting thereon approve the proposed amendments to this charter , the amendments shall become effective at the time fixed in the amendment , or , if no time is fixed therein , thirty ( 30 ) days after its adoption by the voters of the county . Any charter amendment shall be published in a newspaper of general circulation in the county within thirty ( 30 ) days of the effective date of such amendment . Section 24 . 03 . Charter Review . The mayor with the approval of the council shall appoint , with appropriate staffing , a charter commission composed of seven members who shall serve in accordance with Section 23 . 02C of this Charter to study and review the operation of the county government under this charter for a period of ten years commencing in 2007 . Thereafter , the mayor with the approval of the council shall appoint a charter commission at ten year intervals . In the event the commission deems changes are necessary or desirable , the commission may C.J propose amendments to the existing charter or draft a new charter which shall be submitted to the county clerk . The county clerk shall provide for the submission of such amendments or new charter to the voters at any general or special election as may be determined by the commission . The commission shall publish not less than thirty ( 30 ) days before any election at least once in a newspaper of general circulation within the county the entire text of the amendments or new charter . ( Amended 2006 ) A . Unless a new charter is submitted to the voters , each amendment to the charter shall be voted on separately . B . If a majority of the voters voting upon a charter amendment votes in favor of it or a new charter , if a new charter is proposed , the amendment or new charter shall become effective at the time fixed in the amendment or charter , or if 2 no time is fixed , thirty ( 30 ) days after its adoption by the voters . Any charter or amendment shall be published in its entirety not more than thirty ( 30 ) days after its adoption .. 2004 OHANA AMENZMNT - COURT FINAL RULING (source for proposed new language for section .24 . 02) 1 . Whether the Charter Amendment is Void under the RCCR Consequently , it follows that an amendment to a charter " is necessarily limited in substance to amending the form or structure of government initially established by adoption of the charter . " Cheeks , 287 Md . at 607 , 415 A . 2d 255 , It may not " serve or function as a vehicle through which to adopt local legislation . " Id . r. 3 County of Kauai Elections Division State of Hawai 'i Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION GUIDELINES OVERVIEW Amendments to the Charter may be initiated by petition presented to the council , signed by not less than five percent (5%) of the number of voters registered in the last general election . Upon filing the charter amendment petition with the council , the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of voters. To be deemed sufficient, petitions circulated prior to the 2014 General Election must contain not less than 2, 037 valid signatures (i .e. 5% of the number of 40, 738 registered voters in the 2012 General Election) . If the petition contains a sufficient number of valid signatures, the county clerk shall place the proposed charter amendment on the ballot at the next general election. Should the majority of the voters voting thereon approve the proposed charter amendment, it shall become effective at the time fixed in the amendment. DEFINITIONS Unless the context indicates otherwise when used in this Fact Sheet the words or terms below shall be construed as follows. "Voter" means an individual who is listed in the Statewide Voter Registration n { - System and is eligible to vote in the upcoming election . " Blank vote" means a situation in which the vote tabulation system does not detect a vote for a given contest. "County attorney" means the county attorney of the County of Kauai . "County clerk" means the county clerk of the County of Kauai . "County charter" means the Kauai County Charter. "County code" means the Kaua' i County Code. "Over vote" means a situation in which the vote tabulation system detects more votes than are permitted for a given contest. /y e Page 1 of 7 n County of Kauai Elections Division State of Hawaii Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION GUIDELINES "Petition" means a printed document used to collect handwritten information and signatures from registered voters for the purpose of qualifying a charter amendment question for the ballot at the upcoming General Election . "Signatory" (or "signatories") means an individual (or individuals) who signed the petition . "Voter status" means the status noted in the Voter Status Indicator field depicted on the main screen of a voter's registration record in Statewide Voter Registration System . PETITIONER'S COMMITTEE Section 24. 01 of the County Charter, requires petitioners to form a petitioner's committee (hereinafter "Committee") composed of not less than three (3) nor more than five (5) signers who shall be designated and authorized to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments , which may be made by the County Attorney, The Committee shall also be responsible for printing and circulation of the petition, and assembling and filing the petition in proper form . Prior to the printing and circulation of the petition , the Committee shall : I . Submit an organizational report to the County Clerk (exhibit 1 ) to Gregister the names of individuals who are authorized to approve alterations and changes to the petition pursuant to section 24. 01 of the County Charter; and II . Meet with the County Clerk to receive an overview of the petition process. PETITION CONSTRUCTION AND CONTENT Petitions shall be uniform in size and style using paper of at least twenty (20) pound stock. Petitions shall not be printed on carbon paper or similar types of paper which duplicate signatures and personal information on separate sheets of paper positioned underneath the original petition . Page 2 of 7 County of Kauai Elections Division State of Hawaii Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION GUIDELINES Printing shall be imprinted darkly using fade resistant ink. Only text and related printing required by the County Charter and County Code shall be imprinted on petition pages. A sample petition is provided in exhibit 2 . Minimally, each petition page shall include: I . Petition heading (i . e, "Charter Amendment Petition") 11 . Signatory Affirmation : " By signing the petition , I hereby affirm that: 1 ) 1 am the person I claim to be; 2) 1 am signing the petition for myself and no other; 3) 1 support submitting the attached proposed charter amendment to the voters at the next general election; and 4) all information I provide on the petition is true and correct. " III . Signatory heading minimally consisting of the Signatory's printed name and signature. IV. Area designated for petition circulators to record the number of signatures contained on the page, and the initials of the circulator Additionally, it is strongly recommended that the signatory heading also request that signatories provide: I . The last 4-digits of their social security number; and 11 . Residence address. Finally, the following shall either be contained in or be attached to each petition page or set of petition pages throughout circulation : I . The names of the signers who constitute the petitioner's committee; 11 . The address to which all notices for petitioner's committee are to be sent; and III . Full text of the applicable charter amendment. Prior to petition circulation , the county clerk shall review the petition and may require revisions to ensure County Charter and County Code requirements are fulfilled. Once the County Clerk approves the petition for circulation revisions shall be prohibited . Page 3 of 7 County of Kaua'i Elections Division State of Hawai 'i Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION GUIDELINES PETITION CIRCULATION Petitions shall only be circulated with material required by County Charter and County Code. Any individual, group or organization circulating a charter amendment petition shall be prohibited from : 1. Offering money or anything of value to an individual to sign or not to sign a charter amendment petition; II . Altering or defacing text imprinted on the petition page; III . Altering or defacing personal information and signatures furnished by signatories; IV. Using coercive, discriminatory or deceptive signature gathering practices; V. Photocopying , digitally scanning or reproducing by any other means personal information and signatures contained on a petition ; and VI . Using personal information and signatures furnished by signatories for any purpose other than qualifying the charter amendment measure for the ballot in the upcoming general election . SIGNATURE REQUIREMENTS Each Signatory shall provide all information required by the petition. To be deemed sufficient, the petition shall be signed by the at least five percent (5%) of the number of registered voters in the last general election. Petitions to place charter amendment questions on the 201-4 General Election ballot shall contain not less than 2, 037 valid signatures (40,738 voters x 0 . 05) . SIGNATURE VALIDATION CRITERIA To be deemed a valid signature (i . e. , counted), the signatory shall be a registered voter of the County of Kaua'i at the time the petition was signed . Only signatures from registered voters will be deemed valid . Signatures from individuals who are not registered to vote or who are former registered voters of the county of Kaua'i shall be not be counted . Page 4 of 7 County of Kauai Elections Division State of Hawaii Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION GUIDELINES Additionally, records in SVRS with the following voter statuses shall not be counted : I . "CA" (cancelled) status — Signatory voluntarily canceled his/her voter registration; II . "MA" (moved away) status — Another state reported that the signatory is registered to vote there; QIII . " DQ" (disqualified) status — Signatory has been disqualified from voting due to an election law violation ; IV. " DE" (deceased) status — State Department of Health reported the signatory is deceased; and V. "FE" (felon) status — The Federal or State Courts have reported that the signatory is an incarcerated felon . PETITION FILING The Committee shall organize and file the petition as one ( 1 ) instrument. The petition shall be filed by a member or members of the petitioner's committee. Individuals who are not members of the petitioning committee shall be prohibited from filing the petition . Any petition pages filed by a member of the petitioners committee after the initial petition filing shall be deemed part of the supplementary petition and processed only if required . Each page of the petition shall be consecutively numbered using a numbering machine. The total number of pages shall be recorded on a Petition Acknowledgement of Receipt (Receipt) (exhibit 3) . A copy of the Receipt shall be provided to the Committee to document acceptance of the petition. PETITION PROCESSING Before any signatures are verified , the petition will be photocopied and digitally scanned to preserve its original , unaltered appearance. The original petition will be filed and the photocopied petition will serve as the working copy used to verify petition signatures. Page 5 of 7 County of Kauai Elections Division State of Hawaii Office of the County Clerk PACT SHEET 2014 CHARTER AMENDMENT PETITION GUIDELINES To verify that the petition is signed by registered voters comprising not less than five percent (5%) of the number of voters registered in the last general election , the petition will undergo a two (2) step validation process: 1 . To confirm that a petition signer is a registered voter of the County of Kaua'i , a manual search of the Statewide Voter Registration System will be conducted for the signatory's voter registration record ; and II . To authenticate the signature on the petition it will be compared against an authentic signature of the signatory on file in the Elections Division. To be deemed a valid petition signature which will count towards the number required to make the petition sufficient, a signatory must be a registered voter of the County of Kauai and the signature on the petition must match the corresponding voter's signature on file in the Elections Division . Petition signatures which fail to meet one or both of the aforementioned validation steps will be deemed invalid and will not be counted . Once all signatures have been verified, a count of the valid and invalid signatures will be transmitted to the County Clerk and the Committee . If the initial petition lacks a sufficient number of valid signatures and time permits, the Committee may collect additional signatures and submit supplemental petition pages. Supplemental petition pages shall meet all requirements of the initial petition submittal and shall be submitted on or before the deadline established in the 2014 Charter Amendment Petition Timeline (exhibit 4) . ELECTIONS AND BALLOT MEASURE The ballot question in final form shall be submitted to the County Clerk prior to the deadline established in Hawai'i Revised Statues section 11 -119 (exhibit 5) . Voter education material , if any, shall be prepared in accordance with Hawaii Administrative Rules Chapter 172, Subchapter 2 (exhibit 6) and shall be submitted to the County Clerk in final form not later than sixty (60) days prior to the day the ballot measure is scheduled for vote in the County. The County shall reserve the right to not use voter education material if County Attorney determines said material is unsuitable for any reason . Page 6 of 7 County of Kaua'i Elections Division State of Hawaii Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION GUIDELINES Blank votes and over votes shall not be counted when tabulating election results for charter amendment ballot measures (exhibit 7) . This Fact Sheet is for informational purposes only and is not the authority on charter amendment petitions and/or the election process for the County of Kaua'i. Consult the County Charter, County Code, Hawai'i Revised Statutes, Hawaii Administrative Rules, and other sources for more detailed and complete requirements. Elections Division Office of the County Clerk 4386 Rice Street Suite 101 LThu'e, Hawaii 96766 November 12, 2013 Page 7 of 7 r Petitioner's Committee Organizational Re port STATE OF HAWAII IMPORTANT! PRINT CLEARLY IN County of Kaua'i BLACK INK. FAILURE TO COMPLETE ALL ITEMS WILL PREVENT Elections Division ACCEPTANCE OF THIS FORM. Office of the County Clerk Type of Petition: [ ] Charter Amendment [ ] Initiative/Referendum OFFICE USE ONLY) _COMMITTEE INFORMATION . Name: ...__-- - -- ---- -- -- Mailing Address: Phone: Fax: E-mail: `CHAIRPERSON ( ] Primary Contact I ] Alternate Contact Name: Mailing Address: Phone: E-mail: :VICE CHAIRPERSON [ 1 Primary Contact [ ] Alternate Contact Name: Mailing Address: Phone: E-mail: _ MEMBER [ j Primary Contact [ ] Alternate Contact Name: _ - - _... �-- ------ --- - --- - - --- -- --- __ ____. Mailing Address: Phone: E-mail: MEMBER Primary Contact [ ] Alternate Contact Name: Mailing Address: Phone: E-mail: MEMBER [ ] Primary Contact [ ] Alternate Contact Name: Mailing Address: Phone: E-mail: Submitted By: Date: Signature Exhibit 1 Charter Amendment Petition This petition proposes an amendment to Article _ of the Charter of the County of Kaua'i. By signing this petition, you hereby affirm that: 1 ) you are the person you claim to be; 2) you are signing the petition for yourself and no other; 3) you support submitting the attached proposed charter amendment to the voters at the next General Election; and 4) all information you provided is true and correct Soc. Sec, No. Printed Name Residence Address Oftim uw only Signature s Last 4-Dlgits (Last, First, MI) (NOT P.O. Box) Sig Status 1 2 3 4 6 e 7 �l e s 10 11 12 13 14 1s 16 \ 17 j 16 v 10 20 21 22 23 24 26 FOR COUNTY CLERK FOR PETITION CIRCULATOR Page No. Total Pages Signatures on Page No. VALID No. INVALID No. on page Initials NOTICE THE FULL TEXT OF THE PROPOSED CHARTER AMENDMENT SHALL BE ATTACHED TO ALL PETITION SIGNATURE PAGES THROUGHOUT CIRCULATION. Exhibit 2 � 9 y1� 9p, COUNTY OF KAUAI OFFICE OF THE COUNTY CLERK ELECTIONS DIVISION PETITION ACKNOWLEDGEMENT OF RECEIPT Type of Petition (check one): [ ] Charter Amendment [ ] Initiative/Referendum ] Other (specify): Type of Filing (check one): [ ] Initial Filing [ ] Supplementary Filing COMMITTEE: NO . OF PAGES : DATE FILED: SUBMITTED BY: SIGNATURE(S): RECEIVED BY: SIGNATURE : This Acknowledgement Of Receipt only documents the filing of the above referenced petition with the Office of the County Clerk. Neither this receipt nor the acceptance of the petition constitutes express or implied approval , or in any manner indicates that the contents of the petition fulfills legal requirements specified in the Kauai County Charter, County Code, and/or other authorities. Exhibit 3 ORIGINAL (File) PHOTOCOPY (Committee) County of Kauai Elections Division State of Hawaii Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION TIMELINE (Pursuant to Kaua'i County Charter, Section 24. 01 . 13. ) Date Event May 22 , 2014...................................",,.,,,,,',. Sunshine Law deadline to place the charter amendment petition (s) on the 5/28/14 Council meeting agenda May 28, 2014....."I". . . . „ _____________________ Council meeting to officially receive charter amendment petitions C2 , 037 valid signatures required on any petition to initiate charter amendment (40, 738 registered voters in 2012 General Election ; 40,738 x 5% = 2 , 037 signatures) May 28 to June 27, 2014______________",', ",..._Verification of petition signatures by County Clerk's office June 27 , 2014.............................____.............. County Clerk to issue initial certificate reporting the petitions sufficiency (or insufficiency) June 28 to July 11 , 2014............................ Supplemental signature collection period for insufficient petition July 12 to July 18, 2014___......._...................Verification of supplemental petition signatures by County Clerk's office July 18, 2014________________................................ County clerk to issue final certificate reporting the petitions sufficiency (or insufficiency) July 19 to August 15 , 2014......................... Review of form and/or language by county attorney (30 days) August 21 , 20141 .._ ______________________________ Deadline to submit charter amendment questions, and initiative questions to the Office of Elections (Hawai 'i Revised Statutes § 11 - 119) October 3, 2014________......._........................... Publication of all proposed charter amendments in a newspaper of general circulation in the county (Kaua'i County Charter section 24. 02 . 13) EOe 00 4 County of Kaua'i Elections Division State of Hawaii Office of the County Clerk FACT SHEET 2014 CHARTER AMENDMENT PETITION TIMELINE (Pursuant to Kauai County Charter, Section 24.01 . 6. ) NOVEMBER 4, 2014......'..1.11111111.10.0........... GENERAL ELECTION ( Hawai'i State Constitution, Article II , Section 8) December 4, 2014___ _ __________________________ Publication of approved charter amendments in a newspaper of general circulation within the county within thirty (30) days (Kaua'i County Charter section 24. 03. 6) Petitioners will be notified in writing if revisions to this timeline are required . Unless written notification is provided , all deadlines are final — no extensions will be granted. Kauai County Charter, Article XXIV (Charter Amendment), Section 24.01 .8. Section 24. 01 . Initiation of Amendments. Amendments to this charter may be initiated . . . in the following manner: B. By petition presented to the council , signed by registered voters comprising not less than five percent (5%) of the number of voters registered in the last general election, setting forth the proposed amendments. Such petitions shall designate and authorize not less than three nor more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments which may be made by the county attorney. (Amended 2012) Upon filing of such petition with the council , the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of registered voters. (Amended 2012) Disclaimer This Fact Sheet is for information purposes only and is not the authority on charter amendment petitions and/or the election process for the County of Kaua'i. Consult the County Charter, County Code, Hawai'i Revised Statutes, Hawai'i Administrative Rules and other sources for more detailed and complete requirements. Elections Division Office of the County Clerk 4386 Rice Street, Suite 101 Uhu'e, Hawai'i 96766-1819 November 4, 2013 E i oit 4 X11 - 119 Printing ; quantity . ( a ) The ballots shall be printed by order of the chief election officer or the clerk in the case of county elections . In any state or county election the chief election officer on agreement with the clerk may consolidate the printing contracts for similar types of ballots where such consolidation will result in lower costs . ( b ) Whenever the chief election officer is responsible for the printing of ballots , unless provided otherwise , the exact wording to appear thereon , including questions and issues shall be submitted to the chief election officer not later than 4 : 30 p . m . on the seventy- fifth calendar day prior to the applicable election . ( c ) Based upon clarity and available space , the chief election officer or the clerk in the case of county elections shall determine the style and size of type to be used in printing the ballots . The color , size , weight , shape , and thickness of the ballot shall be determined by the chief election officer . ( d ) Each precinct shall receive a sufficient number of ballots based on the number of registered voters and the expected spoilage in the election concerned . A sufficient number of absentee ballots shall be delivered to each clerk not later than 4 : 30 p . m . on the fifteenth day prior to the date of any election . [ L 1970 , c 26 , pt of § 2 ; am L 1973 , c 217 , § 1 ( kk ) ; am L 1975 , c 36 , § 1 ( 6 ) ; am L 1976 , c 106 , § 1 ( 9 ) ; am L 1979 , c 133 , § 4 ; am L 1980 , c 264 , § 1 ( i ) ; am L 1985 , c 203 , § 4 ; am L 2011 , c 143 , § 4 ] Previous Vo101 Ch0001 -0042F Next Exhibit 5 SUBCHAPTER 2 VOTER EDUCATION 53 - 172- 10 Purpose . The chief election officer may establish voter education programs , including publishing voter information pamphlets , conducting voter awareness media campaigns , and employing other voter information methods deemed appropriate by the chief election officer . [EffJAN. 0 92010 (Ruth : HRS §511 -21 11 - 4 ) ( Imp ; RRS 511 -2 ) 53 - 172 - 11 Voter pamphlet . ( a ) The chief election officer or the clerk may produce a voter information pamphlet in printed or web accessible form . ( b ) The chief election officer or clerk may select the district or districts to be covered by the voter information pamphlet . The pamphlet may be made available , by mail or other methods , to households within the selected district with one or more registered voters . ( c ) A photograph and statement from each candidate who qualifies for the ballot in the selected district or districts may be included in the pamphlet ; provided that the candidate submits the appropriate photograph or statement , ' or both , before the deadline established by the chief election officer , . ( 1 ) The voter information pamphlet may include a candidate ' s informationesectioh that may include the following photograph and information to be provided by the candidate : (A) A black and white photograph of the face or head and shoulders of the candidate ; provided that the chi. election officer may further prescribe the dimensions of such photograph ; ( B ) The candidate ' s name , campaign headquarter address and telephone number, party affiliation or nonpartisanship in partisan elections , the office for which the candidate is running , and the . district or districts in which the election is being held ; and 11 f d 272- 14 88 97 Exhibit 6 ( C ) A statement , not to exceed two hundred fifty words , which may include personal background, the candidate ' s platform, endorsements , or other information related to the candidate ' s candidacy . ( 2 ) The candidate shall sign a self- subscribing oath or affirmation attesting to the truth of the statements provided . False statements may be punishable under HRS Chapter 19 . ( 3 ) Based upon the candidate ' s oath or affirmation , the chief election officer may rely upon the information provided by the candidate for the pamphlet . ( 4 ) The respective candidate ' s photograph and statement shall appear in the pamphlet in the same order that they will appear on the ballot in accordance with HRS 911 - 115 . ( d ) The chief election officer or the clerk may decide not to include a candidate ' s photograph or statement in the voter information pamphlet under the following circumstances . ( 1 ) Statements exceeding two hundred fifty words shall be truncated , beginning with the elimination of the sentence that contains the two hundred fifty- first word ; ( 2 ) Language or statements that may be considered obscene or defamatory shall not be printed ; ( 3 ) The chief election officer or the clerk may edit statements for format but not language if the typeset statement would exceed the space Callotted in the pamphlet layout ; and ( 4 ) If the candidate does not submit a statement or photograph , or both , before the deadline established by the chief election officer or the clerk , the pamphlet may indicate "No statement submitted " or " No photograph submitted . " ( e ) The pamphlet may include the verbatim language of every question authorized to appear on the ballot in the district or districts selected . ( f ) The pamphlet may also include one argument in favor of and one argument opposed to each ballot question ; provided that the arguments are submitted before the 172-15 Exhibit 6 deadline established by the chief election officer or the clerk . The arguments shall be submitted according to the following : ( 1 ) If the measure originated in the legislature or county council , one legislative proponent and one legislative opponent , to be chosen by the presiding officer of the chamber of origin , will be given the first opportunity to prepare the arguments ; or ( 2 ) If the measure originated by petition , one proponent and one opponent may submit an argument . ( g ) The chief election officer or the clerk may decide not to include arguments regarding ballot issues in the voter information pamphlet that are deceptive or misleading and may be limited under the following circumstances : ( 1 ) Arguments exceeding two hundred fifty words shall be truncated, beginning with the elimination of the sentence •that contains the two hundred fifty- first word ; ( 2 ) Language or arguments that are considered obscene or defamatory shall not be printed ; ( 3 ) The chief election officer may edit arguments for format but not language if the typeset argument would exceed the space allotted in the pamphlet layout ; and ( 4 ) If the arguments have not been submitted in conformance with this section , the pamphlet may state " No argument submitted . " f Ef SAN 0 9 20101 ( Auth : HRS 511 - 4 ) ( Imp : HRS 511 -2 ) § 3- 172 - 12 Election equipment loans . ( a ) The chief election officer or cleric may establish a program to authorize the use of any available election equipment by schools or community organizations at no cost . The chief election officer or clerk may charge a school or community organization for applicable shipping and delivery charges and for the repair or replacement of equipment damaged by the school or community organization . ( b ) The following election equipment may be made available : voting booths , and other election equipment . ] 72-26 88 97 Exhibit 6 ( c ) The equipment may be available from the chief election officer , clerk, or designated representative . ( d ) Organizations under this program shall assign at coordinator who will be the point of contact and who will assume the responsibility for the election equipment . [ Eff JAN 0 9 20ioi (Auth : HRS §511 -4 , 16- 3 ) ( Imp . HRS 911 -2 ) 553 -172 - 13 to 3 -- 172- 14 (Reserved) . 172-17 4F AT Exhibit 6 ELECTIONS, GENERALLY � ks �s4aaee#s minutes, the voter shall be removed by the precinct officials. [L 1970, c 26 , pt of §2; am L 197 , c 217, § 1 (ss); am L 1980, c 264, § 1 (n); gen ch 1985] §11 =139 Voting assistance. (a) Any voter who requires assistance ote may be given assistance by a person of the voter's choice, other than the voter's a loyer or agent of that employer or agent of the voter's union , or the voter may receive ssistance of two precinct officials who are not of the same political party. A voter ne ing assistance may be handed a ballot outside the polling place but within one hundre eet thereof or within the polling place parking lot by the precinct officials and in their prese but in a secret manner, mark and return the same to the precinct officials. (b) The precinct officials shall enter in writi in the record book the following: (1 ) The voter's name; (2) The fact that the voter cannot r the names on the ballot, if that is the reason for requiring assistance, and o rwise, the specific physical disability which requires the voter to receive assista ; and (3) The name or name the person or persons furnishing the assistance. [L 1970, c 26, pt of §2; am 1972, c 158, §2; am L 1973, c 217, § 1 (tt) ; am L 1985, c 203, §5; am L 2002, 9, § 1 ] §11 - Spoiled ballots. In elections using the paper ballot and electronic voting systems, ' voter spoils a ballot, the voter may obtain another upon returning the spoiled one. Befor eturning the spoiled ballot, the voter shall conform to the procedure promulgated by the C ' election officer to retain the secrecy of the vote. [L 1970, c 26, pt of §2; am L 1973, c 217, PART X. VOTE DISPOSITION §11 -151 Vote count. Each contest or question on a ballot shall be counted independently as follows: (1 ) If the votes cast in a contest or question are equal to or less than the number to be elected or chosen for that contest or question , the votes for that contest or question shall be counted; (2) If the votes cast in a contest or question exceed the number to be elected or chosen for that contest or question, the votes for that contest or question shall not be counted; and (3) If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that such ballots shall be counted as votes cast in ratification of a constitutional amendment or a question for a constitutional convention. [L 1970, c 26, pt of §2; am L 1975, c 36, § 1 ( 12); am L 1986 , c 305 , §2; am L 2000, c 54, § 1 ] of counting. (a) In an election using the paper ballot voting system, immediately after the close of the po s, cinct officials shall open the ballot box. The precinct officials at the precinct shall proceed to count the vo Exhibit 7