§50-10  Publication and submission toelectors.  The county clerk shall provide for the submission of theproposed charter with any alternatives, as provided by section 50-9, to thequalified electors of the county for approval at a general election or specialelection to be held on the date determined by the charter commission; providedthe special election shall not be held within thirty days before the closing ofthe date for filing nominations for regular county elections.  The commissionshall provide for the publication of the proposed charter with any alternativestwenty-one days before the election, in a newspaper of general circulationwithin the county.

The form of ballot shall be prepared for thecounty clerk by the commission.  The form of the ballot, including suchexplanatory material as may be necessary, shall be substantially as follows:

 

Shall the proposed charter of the

County of ............... be adopted? Yes No

 

In the event alternatives are included in theballot, the alternatives, including such explanatory material as may benecessary, shall be submitted in substantially the following form:

 

Shall the proposed charter of the

County of .......... with alternative

No. .......... (here state the substance

of the alternative) be adopted? Yes No

 

Each elector may vote for the proposed charterand for any proposed alternative.  Blank ballots and spoiled ballots shall notbe counted in determining the majority of the votes.  Any proposition receivinga majority of the votes cast at the charter election shall be consideredapproved by the electors.  If the proposed charter and any of the proposedalternatives receive a majority of the votes cast at the election, theproposition receiving the larger majority shall supersede the proposition withthe smaller majority.  The laws and rules governing elections, so far asapplicable and not inconsistent with this chapter, shall apply to electionsheld pursuant to this chapter.

Upon adoption, the charter shall become theorganic law of the county and shall supersede any existing charter and all lawsaffecting the organization and government of the county which are in conflicttherewith. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(3); Supp, §143A-10; amL 1967, c 235, §1(4); HRS §50-10]

 

Cross References

 

  Election laws, see Title 2.

 

Attorney General Opinions

 

  County may not supersede §78-5 by adopting contrary provisionin its charter.  Att. Gen. Op. 72-15.

 

Case Notes

 

  Provisions in charters must be limited to self-government andbe within such limits and procedures as prescribed by general law.  56 H. 582,545 P.2d 684.

  Provisions of Maui Charter on the departments of watersupply, police and liquor control relate to organization and government of thecounty and supersede conflicting statutes.  59 H. 65, 576 P.2d 1029.

 

Hawaii Legal Reporter Citations

 

  Charter provisions superior to statutory provisions.  79 HLR79-0027.