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



The form of ballot shall be prepared for the
county clerk by the commission.  The form of the ballot, including such
explanatory 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 the
ballot, the alternatives, including such explanatory material as may be
necessary, 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 charter
and for any proposed alternative.  Blank ballots and spoiled ballots shall not
be counted in determining the majority of the votes.  Any proposition receiving
a majority of the votes cast at the charter election shall be considered
approved by the electors.  If the proposed charter and any of the proposed
alternatives receive a majority of the votes cast at the election, the
proposition receiving the larger majority shall supersede the proposition with
the smaller majority.  The laws and rules governing elections, so far as
applicable and not inconsistent with this chapter, shall apply to elections
held pursuant to this chapter.



Upon adoption, the charter shall become the
organic law of the county and shall supersede any existing charter and all laws
affecting the organization and government of the county which are in conflict
therewith. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(3); Supp, §143A-10; am
L 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 provision
in its charter.  Att. Gen. Op. 72-15.



 



Case Notes



 



  Provisions in charters must be limited to self-government and
be 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 water
supply, police and liquor control relate to organization and government of the
county and supersede conflicting statutes.  59 H. 65, 576 P.2d 1029.



 



Hawaii Legal Reporter Citations



 



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