STORY SUMMARY>>>

After a Wednesday vote by the Honolulu City Council only Mayor Mufi Hannemann can prevent a question on rail transit from appearing on the November ballot.

The Council voted 8-0 to approve a referendum on the city’s proposed $3.7 billion elevated rail system that would stretch 20 miles from east Kapolei to Ala Moana.

However the Council’s proposed charter amendment will take a back seat to Stop Rail Now’s petition if the city clerk certifies enough signatures to place the group’s anti-rail question before voters.

The mayor has ten working days to decide whether or not he will veto the Council’s proposed ballot question. Under the City Charter the Council could not override the mayor’s veto.

Yet to be decided is how many signatures City Clerk Denise De Costa must certify to get Stop Rail Now’s rail question on the general election ballot.

After reviewing a written order by Judge Karl Sakamoto regarding Stop Rail Now’s petition, De Costa believes she needs to certify the signatures of ten percent of registered voters in the 2004 mayoral election, or 44,500.

Stop Rail Now claims the threshold is much lower; ten percent of votes cast for mayor, or 29,450 signatures.

The group’s attorney has asked the judge for further guidance.

"There was some ambiguity and I didn't want the city clerk to take advantage of it,” said Earle Partington. “I addressed a letter to the judge (Wednesday) asking if he could clarify it.” Partington expects clarification as soon as Thursday.

Last week in Circuit Court Sakamoto ruled De Costa erred in not accepting Stop Rail Now’s petition on August 4. De Costa has until September 3 to certify signatures on the petition.

Hannemann’s spokesman Bill Brennan told Khon2 the mayor is now reviewing the ballot question passed by the Council and has not decided on a possible veto.

Also Wednesday, the Council failed to pass a separate ballot question that would have asked voters whether to create a transit authority to facilitate the construction of the rail system.

Andrew may be reached at apereira@khon2.com or ph. 591-4263.