FACTSHEET
REVISION AND AMENDMENT OF THE HAWAII STATE
CONSTITUTION
The Hawaii State Constitution may only be amended
through a constitutional convention or the legislature proposing constitutional
amendments which are then submitted to the electorate for its consideration and
approval. Article XVII. Additionally, all laws must go through the legislative
process and be presented to the Governor for approval, subject to the
constitutional provisions regarding veto, reconsideration by the Legislature,
and override of vetoes. Article III, Sections 14-17.
The Hawaii State Constitution does not
provide for an initiative process by which citizens draft a proposed law and
meet certain petition requirements to place the proposed law on the ballot. The
various counties each have their own charter, the language of which controls
the manner in which the charter may be amended, or by which laws may be
proposed. As such, the manner in which Hawaii State Constitution may be amended
or by which laws may be passed does not necessarily reflect the manner in which
the counties may address similar matters. Any questions regarding such matters
should be directed to the county clerk for appropriate information.
County of Hawaii 961-8277
County of Maui 270-7749
County of Kauai 241-4800
City & County of Honolulu 768-3800
HAWAII STATE CONSTITUTION
ARTICLE XVII
REVISION AND AMENDMENT
METHODS OF PROPOSAL
Section 1. Revisions of or amendments to this
constitution may be proposed by constitutional convention or by the legislature.
(Ren Const Con 1978 and election Nov 7, 1978)
CONSTITUTIONAL CONVENTION
Section 2. The legislature may submit
to the electorate at any general or special
election the question, "Shall
there be a convention to propose a revision of or amendments to the
Constitution?" If any nine-year period shall elapse during which the
question shall not have been submitted, the lieutenant governor shall certify
the question, to be voted on at the first general election following the
expiration of such period.
ELECTION OF DELEGATES
If
a majority of the ballots cast upon such a question be in the affirmative,
delegates to the convention shall be chosen at the next regular election unless
the legislature shall provide for the election of delegates at a special election.
Notwithstanding
any provision in this constitution to the contrary, other than Section 3 of Article
XVI, any qualified voter of the district concerned shall be eligible to
membership in the convention.
The
legislature shall provide for the number of delegates to the convention, the
areas from which they shall be elected and the manner in which the convention
shall convene. The legislature shall also provide for the necessary facilities
and equipment for the convention. The convention shall have the same powers and
privileges, as nearly as practicable, as provided for the convention of 1978.
MEETINGS
The
constitutional convention shall convene not less than five months prior to the
next regularly scheduled general election.
ORGANIZATION; PROCEDURE
The
convention shall determine its own organization and rules of procedure. It
shall be the sole judge of the elections, returns and qualifications of its
members and, by a two-thirds vote, may suspend or remove any member for cause.
The governor shall fill any vacancy by appointment of a qualified voter from
the district concerned.
RATIFICATION; APPROPRIATIONS
The
convention shall provide for the time and manner in which the proposed constitutional
revision or amendments shall be submitted to a vote of the electorate; provided
that each amendment shall be submitted in the form of a question embracing but
one subject; and provided further, that each question shall have designated
spaces to mark YES or NO on the amendment.
At
least thirty days prior to the submission of any proposed revision or
amendments, the convention shall make available for public inspection, a full
text of the proposed amendments. Every public library, office of the clerk of
each county, and the chief election officer shall be provided such texts and
shall make them available for public inspection. The full text of any proposed
revision or amendments shall also be made available for inspection at every
polling place on the day of the election at which such revision or amendments
are submitted.
The
convention shall, as provided by law, be responsible for a program of voter education
concerning each proposed revision or amendment to be submitted to the
electorate.
The
revision or amendments shall be effective only if approved at a general
election by a majority of all the votes tallied upon the question, this
majority constituting at least fifty per cent of the total vote cast at the
election, or at a special election by a majority of all the votes tallied upon
the question, this majority constituting at least thirty per cent of the total
number of registered voters.
The
provisions of this section shall be self-executing, but the legislature shall
make the necessary appropriations and may enact legislation to facilitate their
operation. (Am Const Con 1968 and election Nov 5, 1968; ren
and am Const Con 1978 and election Nov 7, 1978; am SB 578 (1979) and SB 1703 (1980)
and election Nov 4, 1980)
AMENDMENTS PROPOSED BY LEGISLATURE
Section 3. The legislature may propose
amendments to the constitution by adopting the same, in the manner required for
legislation, by a two-thirds vote of each house on final reading at any
session, after either or both houses shall have given the governor at least ten
days' written notice of the final form of the proposed amendment, or, with or
without such notice, by a majority vote of each house on final reading at each
of two successive sessions.
Upon
such adoption, the proposed amendments shall be entered upon the journals, with
the ayes and noes, and published once in each of four successive weeks in at
least one newspaper of general circulation in each senatorial district wherein
such a newspaper is published, within the two months' period immediately
preceding the next general election.
At
such general election the proposed amendments shall be submitted to the
electorate for approval or rejection upon a separate ballot.
The
conditions of and requirements for ratification of such proposed amendments
shall be the same as provided in section 2 of this article for ratification at
a general election. (Ren and am Const Con 1978 and
election Nov 7, 1978)
This Factsheet is intended for informational purposes only and should
not be used as an authority on the Hawaii election law and deadlines. Requirements and/or deadlines may change
pending changes in legislation. Consult
the Hawaii Revised Statutes and other sources for more detailed and accurate
requirements.
Office of Elections
802 Lehua Avenue
Pearl City, Hawaii 96782
Phone: 808-453-VOTE(8683)
Neighbor Island Toll Free: 1-800-442-VOTE(8683)
Internet: www.hawaii.gov/elections
Office
of Elections – FSBO132E
Rev.
04/23/13