In the 2022 General Election, Kauai County voters will be asked to decide on four ballot questions.

The ballot questions were approved to be placed on the ballot by the Kauai County Charter Commission. Below, you will find a brief description of each ballot question as well as a summary of why the measure was proposed and what action it would enable.

Question 1: Relating to Prosecutor Vacancy

Shall the County Charter be amended to require that future elections for Prosecuting Attorney occur at the same time as the County’s regularly scheduled elections?

Currently a special election will be held if there is a vacancy in the Prosecuting Attorney’s office for eighteen months or more, or the Prosecuting Attorney dies before taking office or is unable to qualify for office. If a vacancy is longer than 18 months, a special election would be held. This measure would allow Kauai County to avoid the high cost of conducting a special election for the sole purpose of filling a vacancy for Prosecuting Attorney and instead allow the first deputy to serve as Prosecuting Attorney until a regularly scheduled election. The recent resignation of the Prosecuting Attorney triggered a special election, which cost the County approximately $500,000.

Voting yes on this question would allow a first deputy prosecutor to serve as Prosecuting Attorney until a new Prosecuting Attorney is elected in a regularly scheduled election.

Voting no on this question would continue to require the County of Kauaʻi to hold a special election should a vacancy occur for Prosecuting Attorney if a vacancy lasts between one year and 18 months.

Question 2: Relating to an Electric Power Authority

Shall the Charter be amended to remove Article 30 which allows the County Council to create an electric power corporation?

Article 30 was approved by voters in 2002 in response to a proposed sale of Kauai Electric to the Kauai Island Utility Cooperative (KIUC). The sale was approved in 2003, and the KIUC has managed and operated Kauai’s electrical power system since then. Had the sale not occured, the amendment would have allowed the County Council to establish an electric power authority corporation, similar to the KIUC.

 Voting yes on this question would repeal Article 30 to avoid any duplication of services and limit the unnecessary growth of government.

 Voting no on this question would allow the County Council to create an electric power authority corporation – a separate, independent unit from the County government that would be responsible for Kauai’s electricity – similar to KIUC.

Question 4: Relating to Surety Bonds

Shall the Charter be amended by removing the portion of section 19.17 that requires surety bonds for certain officers and employees?

Currently, certain officers and employees are required to be bonded and insured. Removing a portion of section 19.17 would give the County the flexibility to purchase surety bonds, insurance or both for specific officers or employees. Surety bonds generally provide a financial guarantee against loss, specifically that the official duties of an office will be faithfully and legally performed during a specific term. Insurance can provide similar coverage. The goal of this charter amendment would be to provide the best coverage to employees and better manage overall costs.

Voting yes on this question would give the County flexibility in purchasing insurance and/or surety bonds by eliminating a provision that requires the purchase of surety bonds.

Voting no on this question would require the County to purchase surety bonds for certain officers and employees.

Question 3: Relating to the Salary Commission

Shall the Charter be amended to give the Salary Commission the authority to establish the maximum salary for elected and appointed officials?

Kauai’s Salary Commission currently conducts extensive research and analysis on salaries of department heads and deputies; however, it is not authorized to independently change caps on salaries. The commission’s research revealed that it is common that some lower-ranking employees receive a higher salary than those in higher-ranking positions. The County is also facing challenges filling vacancies and recruiting/retaining employees. Currently, Kauai is the only county in the State of Hawaiʻi in which the Salary Commission does not have the authority to establish maximum salaries of elected and appointed officials. This amendment would allow the Salary Commission to use its expertise to address these issues with a long-term strategy.

 Voting yes on this question would allow the Salary Commission to establish the maximum salary for elected and appointed officials, which includes department heads and deputies.

Voting no on this question would continue to allow the County Council to reject all or portions of recommendations and findings made by the Salary Commission.

The State of Hawaii passed Act 136, SLH 2019, implementing elections by mail. All properly registered voters will automatically receive a mail ballot packet approximately 18 days prior to the election. 

Keep Your Voter Registration Record Up to Date: Ballots are mailed to the voter's mailing address associated with their voter registration record. Voters who have moved, changed their name or mailing address, must update their voter registration. Voters may check online or call their Clerk's Office to confirm that their voter registration is current.

Voting Your Ballot: Voters should expect to receive their General Election mail ballot packet by October 24. If they do not, they should contact their County Elections Division for a replacement.

Preparing Your Ballot for Return: After voting your ballot, re-fold it and seal it in the secret ballot sleeve. The secret ballot sleeve ensures your right to secrecy as the ballots are opened and prepared for counting. Once sealed, place the secret ballot sleeve in the return envelope. Read the affirmation statement and sign the return envelope before returning it to the Clerk's Office. Voters must sign the return envelope for the ballot to be counted.

Returning Your Ballot: Voters may return their ballot by mail or in-person at a designated ballot drop box. Voted ballots must be received by the Clerk's Office by 7:00 p.m. on Election Day, November 8, 2022. The return envelope is postage paid via the U.S. Postal Service and addressed to your Clerk’s Office. Voters returning their General Election ballot by mail (USPS) should do so by October 31. After October 31, voters should drop off their ballot to the Elections Division or a place of deposit. Visit the Elections division webpage and locations for hours.

SPECIAL ASSISTANCE

If you need an auxiliary aid/service or other accommodation due to a disability, or an interpreter for non-English speaking persons, contact the Office of Boards & Commissions at (808) 241-4917 or asegreti@kauai.gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.

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