100 signatures reached
To: Maui County Clerk Kathy Kaohu
Alice Lee and Riki Hokama have exceeded the Council term limits in the Maui County Charter!
On November 3, 2020, Maui County voters approved “stricter” term limits for both Council members and the Mayor. 48,967 voters (68.4%) voted to restrict Council members to five full terms, removing the word “consecutive” from the language of the Charter. According to the State of Hawai'i Elections Department historical archives, the 2020 Council term limit Charter Amendment received more affirmative votes than any other Charter Amendment in the history of Maui County. Maui County voters clearly no longer want career politicians treating the Council as a revolving door.
In November 1992, when Maui County voters initially approved term limits for the Council and the Mayor, they limited Council members to five consecutive terms and the Mayor to two consecutive terms. Neither the ballot questions nor the resulting changes to the language of Charter Section 3-2.5 or Section 7-2.5 clarified whether individuals could return as Council members or Mayor after serving the maximum consecutive terms if they first took a break.
In June 2018, when three individuals who had already served five consecutive terms on the Council - Riki Hokama, Mike Molina and Alice Lee - pulled their nomination papers, Sean Lester, a registered Maui County voter, filed a formal challenge under the State Elections Code, arguing that the three candidates were termed out and could not run again. Maui County Clerk Danny Mateo rejected Mr. Lester’s challenge. While Mr. Lester did not choose to pursue the matter in the Second Circuit Court, it was clear that Maui County voters needed an opportunity to define exactly how term limits are calculated.
On February 19, 2020, Maui County Council member Kelly King introduced Resolution #20-98 - a proposed Charter Amendment for “stricter” term limits that removed the word “consecutive” from Charter Section 3.2-5. Nothing in the language of Resolution #20-98 indicated that the term limit calculation only applied to terms served after 1.1.2021. There was also nothing in the November 2020 ballot question or the resulting changes to the Charter language that indicated that only terms served after 1.1.2021 would count towards the term limit calculation.
On March 14, 2022, Maui County Clerk Kathy Kaohu issued nomination papers to Council Chair Lee for a potential 8th term on the Council. On March 15, 2022, I asked Clerk Kaohu for an explanation. County Clerk Kaohu cited non-binding language in Resolution #20-98 regarding the “express intent” of the Council members to count only terms served after 1.1.2021 towards the term limit maximum as her authority to issue Lee's nomination.
After reviewing the legislative history of Resolution #20-98, it is clear that the Council never approved any changes to the language contained in the initial version of Resolution #20-98. At the 6.23.2020 GET meeting, several Council members did discuss “their” intent that only terms served after 1.1.2021 count toward the term limit calculation but they did not include any language to that effect in either the ballot question or the changes to the Charter language.
During the June GET meetings on the Council and Mayoral term limit Resolutions, several Council members, including Mike Molina, Kelly King, Tamara Paltin and Keani Rawlins-Fernandez expressed the importance of being as clear to the voters as possible regarding what they were being asked to vote on. OCS Attorney David Raatz and Corp Counsel Gary Murai both commented that as written, the term limit resolutions were not clear as to how the new "stricter" term limit would be calculated. Yet, the Council members chose not to make any amendments to the language of the Ballot question or the Charter.
In November 1992, when Hawai’i County voters approved initial term limits for their Council members, both the ballot question and the resulting change to the Charter language clearly indicated that Council members could serve more than three full terms but not more than three consecutive terms. This clarification was not difficult, time consuming or expensive. It simply required the addition of a few words and a commitment on the part of local officials to clearly inform the voters as to the effects of their yes or no vote for term limits.
When the Honolulu City Council approved a proposed 2020 Charter Amendment to establish a term limit for the Prosecuting Attorney, Resolution #19-035, the changes to the Charter language clearly indicated that the term limit calculation included prior terms served.
We ask that Maui County Clerk Kaohu please respect the intent and will of the 48,967 Maui County voters who approved a new five full term "lifetime" limit for Council members in November 2020 and disqualify Alice Lee and Riki Hokama from the 2022 Ballot per the procedures required in HRS Sections 12-8, 11-117 and 11-118.
In November 1992, when Maui County voters initially approved term limits for the Council and the Mayor, they limited Council members to five consecutive terms and the Mayor to two consecutive terms. Neither the ballot questions nor the resulting changes to the language of Charter Section 3-2.5 or Section 7-2.5 clarified whether individuals could return as Council members or Mayor after serving the maximum consecutive terms if they first took a break.
In June 2018, when three individuals who had already served five consecutive terms on the Council - Riki Hokama, Mike Molina and Alice Lee - pulled their nomination papers, Sean Lester, a registered Maui County voter, filed a formal challenge under the State Elections Code, arguing that the three candidates were termed out and could not run again. Maui County Clerk Danny Mateo rejected Mr. Lester’s challenge. While Mr. Lester did not choose to pursue the matter in the Second Circuit Court, it was clear that Maui County voters needed an opportunity to define exactly how term limits are calculated.
On February 19, 2020, Maui County Council member Kelly King introduced Resolution #20-98 - a proposed Charter Amendment for “stricter” term limits that removed the word “consecutive” from Charter Section 3.2-5. Nothing in the language of Resolution #20-98 indicated that the term limit calculation only applied to terms served after 1.1.2021. There was also nothing in the November 2020 ballot question or the resulting changes to the Charter language that indicated that only terms served after 1.1.2021 would count towards the term limit calculation.
On March 14, 2022, Maui County Clerk Kathy Kaohu issued nomination papers to Council Chair Lee for a potential 8th term on the Council. On March 15, 2022, I asked Clerk Kaohu for an explanation. County Clerk Kaohu cited non-binding language in Resolution #20-98 regarding the “express intent” of the Council members to count only terms served after 1.1.2021 towards the term limit maximum as her authority to issue Lee's nomination.
After reviewing the legislative history of Resolution #20-98, it is clear that the Council never approved any changes to the language contained in the initial version of Resolution #20-98. At the 6.23.2020 GET meeting, several Council members did discuss “their” intent that only terms served after 1.1.2021 count toward the term limit calculation but they did not include any language to that effect in either the ballot question or the changes to the Charter language.
During the June GET meetings on the Council and Mayoral term limit Resolutions, several Council members, including Mike Molina, Kelly King, Tamara Paltin and Keani Rawlins-Fernandez expressed the importance of being as clear to the voters as possible regarding what they were being asked to vote on. OCS Attorney David Raatz and Corp Counsel Gary Murai both commented that as written, the term limit resolutions were not clear as to how the new "stricter" term limit would be calculated. Yet, the Council members chose not to make any amendments to the language of the Ballot question or the Charter.
In November 1992, when Hawai’i County voters approved initial term limits for their Council members, both the ballot question and the resulting change to the Charter language clearly indicated that Council members could serve more than three full terms but not more than three consecutive terms. This clarification was not difficult, time consuming or expensive. It simply required the addition of a few words and a commitment on the part of local officials to clearly inform the voters as to the effects of their yes or no vote for term limits.
When the Honolulu City Council approved a proposed 2020 Charter Amendment to establish a term limit for the Prosecuting Attorney, Resolution #19-035, the changes to the Charter language clearly indicated that the term limit calculation included prior terms served.
We ask that Maui County Clerk Kaohu please respect the intent and will of the 48,967 Maui County voters who approved a new five full term "lifetime" limit for Council members in November 2020 and disqualify Alice Lee and Riki Hokama from the 2022 Ballot per the procedures required in HRS Sections 12-8, 11-117 and 11-118.
Why is this important?
The clear and plain language of the term limit Charter Amendment approved by Maui County voters in November 2020 restricts Maui County Council members to no more than five full terms in office. There is no exception for prior terms served. There was no language in the Ballot question or the language of Charter Section 3-2.5 excluding prior terms served from the five term limit calculation.
If the Council members wanted the voters to know of "their" intent that prior terms served would not count towards the term limit proposed in the 2020 Council term limit Charter Amendment, they would have included the "effective date" and inserted language explaining so in the Ballot question and the Charter language. They did not do that. At multiple GET Committee meetings in 2020, Council members discussed and knowingly decided to not clarify in the Ballot question or the Charter language their intent as to how the new term limit would be calculated.
If the Council members wanted the voters to know of "their" intent that prior terms served would not count towards the term limit proposed in the 2020 Council term limit Charter Amendment, they would have included the "effective date" and inserted language explaining so in the Ballot question and the Charter language. They did not do that. At multiple GET Committee meetings in 2020, Council members discussed and knowingly decided to not clarify in the Ballot question or the Charter language their intent as to how the new term limit would be calculated.
How it will be delivered
Via email.