A vote on O'ahu's planned $3.7 billion rail transit system is possible, the city clerk said yesterday, just not as part of the general election on Nov. 4.

The issue could be decided in a special election at a later date and at a cost to taxpayers of $1.5 million to $2 million, said city clerk Denise C. De Costa.

Stop Rail Now, the nonprofit that has collected 40,000 signatures to put the issue to a vote, said it might sue to force the city to place it on the November ballot.

A special election would be "a needless waste of taxpayer dollars and would effectively force voters and taxpayers to wait until May 2009 at the earliest to be able to vote on the proposed heavy rail project," said Stop Rail Now attorney John Carroll in a letter to De Costa.

Meanwhile Lt. Gov. James "Duke" Aiona said the City Council should put the question on the general election ballot. "I'm calling upon the City Council again to be leaders of their county and place it on the (November) ballot," Aiona said.

City Council member Todd K. Apo, who supports rail, said he doesn't think the council would do what the lieutenant governor is suggesting.

"I assume you need six votes to put the question on (the November ballot) and I don't believe there would be six votes to do that," said Apo, speaking by phone from Providence, R.I.

Mayor Mufi Hannemann wants to begin construction next year on the 20-mile elevated commuter rail line from east Kapolei to Ala Moana and complete the project by 2018. Stop Rail Now launched its petition drive in April to put the rail issue on the November ballot.

De Costa sent a letter to Stop Rail Now on Tuesday, saying its petition drive is too late for the November ballot. The group would have had to submit the petition by May to get on the November ballot, she said.

However, a special election is still possible, she said.

"It will work out," De Costa said. "We are looking at ways to minimize the financial cost (of a special election). No one side has influenced us to do anything. We're trying to do best by the city charter and the people of Honolulu."

De Costa said she anticipates the Stop Rail Now organizers will have the requisite number of signatures for the special election.

AMENDMENT RULES

It would take two-thirds of the nine-member City Council to approve putting a charter amendment related to rail on the November ballot.

Charter amendments were most recently included in the ballot for the Nov. 7, 2006, general election. Then, voters approved eight measures, including the creation of special funds for land conservation and affordable housing, establishing curb-side recycling and establishing bikeway systems.

Council member Apo said, "This isn't something you fool around with your charter about. You don't try and throw something in (the general election) last minute because this group's petition issue got screwed up."

Aiona said he fears the legal dispute over whether to vote on rail in November or at a later date "will distract from what the real issue is."

"We're going to have the burden of paying for that and it's going to be protracted," Aiona said.

Asked if he personally supported or opposed the project, Aiona said, "I have a lot of questions and I've had a lot of questions from day one about this project. So I need to have more information. I'm still weighing the factors that I'm considering whether or not I support this project or don't support this project. I'd like to have a vote on this.

"As a resident of Kapolei, I am acutely aware of the traffic problems we face," Aiona said.

"It appears that both sides of the issue are confident that they have the support of the people," he added. "If that is the case, there should be no problem letting the public affirm its position."

Carroll, the Stop Rail Now attorney, said, "The City Council can put this thing on the (general election) ballot tomorrow and we can quit having to horse around with it. That would save a lot of people a lot of time, money and effort."

RESPECTS PROCESS

Hannemann, speaking at a campaign event yesterday, said he is not opposed to a ballot initiative but opposes the language of an ordinance that would remove rail as a mass transit option. The Stop Rail Now measure states: "Honolulu mass transit shall not include trains or rail."

Rail is still the most efficient form of mass transit available, Hannemann said, and should the council approve putting a question on the November ballot, he would have to review the language of the amendment before deciding to veto the measure or allow it to go to the voters.

"I respect the initiative process. I'm very confident if and when an election is scheduled, I'm very positive the pro-rail forces will prevail," said Hannemann, speaking after accepting endorsements for his re-election from the police and firefighter unions. "It's the City Council that has to decide. It takes six votes, and if they find six votes to put it on the ballot, that's their call. It has to be language that satisfies the administration and the council."

Hannemann said he has never heard Aiona "opine on rail" but is interested to know his position given the fact that Aiona lives in Kapolei.

"I know where he stands on crime and drugs and issues of prayer. We have a lot of common ground," Hannemann said.