Proposing An Amendment To The Hawaii State Constitution Regarding The Freedom Of Speech.
Summary
SB311 proposes a constitutional amendment to the Hawaii State Constitution that would state that the freedom of speech protected by the state constitution does not include the expenditure of money to influence elections. The bill amends article I, section 4, and also requires the ballot question to ask voters whether they want that change made to the state constitution.
The bill’s findings explain that it is aimed at responding to U.S. Supreme Court decisions such as Citizens United v. FEC and Buckley v. Valeo, which the legislature says have expanded the role of money in politics and increased the influence of corporations, PACs, and special interest groups. The measure is framed as an expression of state disapproval of those decisions and as a possible future constitutional provision, even though the bill acknowledges it would not override federal constitutional law while those decisions remain binding.
Impact
If adopted by voters and completed under the state constitutional amendment process, SB311 would change Hawaii’s constitution to exclude spending money to influence elections from state constitutional free speech protections. That would affect the interpretation of article I, section 4, and could provide a basis for future state-level campaign finance regulation, though it would not alter federal constitutional law or current U.S. Supreme Court precedent. The bill primarily affects election law, campaign finance, corporations, PACs, and other entities that spend money on political advocacy.
Sentiment
The available legislative history suggests support in committee, with the Senate Judiciary Committee passing the bill 5-0 with amendments on January 30, 2025. The bill’s text is strongly critical of Citizens United and Buckley and reflects a reform-oriented, anti-big-money-in-politics position. No opposing testimony or recorded floor vote is included in the provided materials, so the overall sentiment in the available record appears favorable but limited to committee action.
Contention
The main point of contention is the constitutional and policy question of whether money spent to influence elections should be treated as protected speech under the Hawaii Constitution. Supporters, as reflected in the bill findings, argue that corporate and PAC spending distorts democracy and should not receive speech protection. Potential opponents would likely focus on free speech concerns, the relationship between state and federal constitutional law, and whether the amendment would have practical effect given existing U.S. Supreme Court precedent. The bill itself acknowledges that it would not change federal law immediately, which may also be a point of debate about its usefulness.
Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii State Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.