In the 2026 Primary Election, Kaua‘i County voters will be asked to decide on one ballot question.
The ballot question was approved by the Kaua‘i County Charter Commission. Below is a brief description of the ballot question, a summary of why the measure was proposed, and what action it would enable.
About the Kaua‘i County 2026 Ballot Question
Ballot Question
Shall the Kaua‘i County Charter be amended to expedite and clarify the Planning Commission’s appeals process by removing all references to a Zoning Board of Appeals?
Purpose
The Zoning Board of Appeals has never been used, and its functions are being handled by Hearings Officers and the Planning Commission. This amendment would remove the Zoning Board of Appeals from the Charter and align the Charter with the current process.
Background
The appeals process for the Planning Commission consists of three (3) options. An appeal may be heard by the Planning Commission, a Hearings Officer, or the Zoning Board of Appeals, although the Zoning Board of Appeals has never actually been used.
The Planning Commission has the discretion to conduct the hearing or refer the hearing to a Hearings Officer or the Zoning Board of Appeals. However, the Zoning Board of Appeals has never been put into practice, so appeals are currently managed by the Planning Commission and Hearings Officers. Removing the Zoning Board of Appeals is a recommendation of the Kaua‘i County Cost Control Commission to clarify and expedite the appeals process.
The Zoning Board of Appeals was added to the charter in 2016, to reduce the workload of the Planning Commission. However, it has proven unworkable to find volunteers willing and able to commit to successive days and sometimes weeks of hearings in highly legalistic procedures. The duration of one hearing consisted of eight (8) hours a day and continued for nine (9) days. As a result, no Zoning Board of Appeals has been installed since it was created.
The appeals process is a hearing that is similar to a court proceeding with witnesses, cross-examination, and presentation of evidence. The Hearings Officers are attorneys that are familiar with the legal procedures and rules involved in these hearings. To use a volunteer board of seven people without legal training to conduct these hearings would likely result in more time and more costly court litigation. A neighboring county with a Zoning Board of Appeals is experiencing a two (2) year backlog of hearings and is considering using a Hearings Officer instead.
Only “yes” and “no” votes are counted when calculating whether a Charter Amendment question is approved or not approved. Blank votes (no selection made) and over-votes (more than 1 selection made) are not counted.
Kaua‘i County Votes By Mail!
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 Primary Election mail ballot packet by July 21. 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, August 8, 2026. The return envelope is postage paid via the U.S. Postal Service and addressed to your Clerk’s Office. Voters returning their Primary Election ballot by mail (USPS) should do so by August 3. After August 3, voters should drop off their ballot to the Elections Division or a place of deposit.
Voted ballots must be received by the Clerk’s Office by 7:00 P.M. on Election Day, August 8, 2026
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 adavis@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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