Hawaii House Bill HB2620

Hawaii 2026 Regular Session

• Introduced: 1/28/26
• Refer: 2/2/26

Caption

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH A PROCESS FOR REFERENDUM.

Summary

HB2620 proposes a constitutional amendment to create a legislative referendum process in Hawaii. Under the measure, the Legislature could refer any enacted act or proposed act to the voters for approval or rejection, either by a two-thirds vote of each house on final reading in a single session or by a majority vote in each house over two successive sessions. The bill is framed as a direct-democracy measure that would give voters a formal role in deciding whether certain laws should take effect or remain in force. The proposal sets out the mechanics of the referendum process. A referendum on a proposed act would have to go to the voters before the act takes effect, while a referendum on an already enacted law could be held later, with the law generally remaining in effect until the vote is certified unless the Legislature specifies otherwise. The Legislature would choose whether the referendum appears at a general election or a special election, and a majority vote in favor would allow the act to take effect, while a majority vote against would void it. The bill also directs the Legislature to enact implementing laws for ballot preparation, voter information, and related procedures, while prohibiting those laws from making the referendum power unduly burdensome. If adopted, HB2620 would amend article III of the Hawaii Constitution and add a new self-executing section authorizing legislative referendums. It would not itself change any existing statute immediately, but it would create a new constitutional mechanism that could affect how future laws are enacted, delayed, or invalidated by voter approval or rejection. The measure also includes the ballot question that would be presented to voters if the constitutional amendment advances. The general sentiment reflected in the bill text is supportive of direct voter participation in lawmaking, with the measure explicitly describing itself as advancing the principle of direct democracy. There is no committee transcript or recorded vote history provided, so there is no documented opposition or support from hearings in the materials supplied. The bill’s referral to multiple committees suggests it was still in the early legislative process at the time of the last action. The main point of potential contention is the scope of legislative power to send laws to the ballot and the possibility that voter rejection could void enacted legislation. Another likely issue is the balance between creating a workable referendum system and avoiding procedural barriers, since the bill requires implementing laws but also limits burdensome conditions. Questions about timing, election selection, and the effect on laws already in force could also draw scrutiny from lawmakers concerned about stability, separation of powers, and administrative complexity.

Impact

HB2620 would amend the Hawaii Constitution to authorize a new legislative referendum process, creating a voter-approval mechanism for acts or proposed acts referred by the Legislature. It would require implementing legislation for ballot and election procedures and would allow a referendum result to determine whether a referred measure takes effect or is voided, thereby adding a new constitutional check on legislative enactments.

Sentiment

The bill is presented in favorable terms as a direct-democracy reform that expands voter participation in the legislative process. No committee testimony, vote totals, or recorded objections are included in the provided materials, so the available record shows no explicit opposition or support beyond the bill’s own framing and its referral to committees for further consideration.

Contention

The likely areas of contention are the breadth of the referendum power, the threshold needed to refer a measure, and the practical effect of allowing voters to approve or reject enacted laws. Legislators may also disagree over whether the Legislature should control the election date, how long an enacted law should remain in effect pending a referendum, and whether implementing procedures could be used to make the process too difficult or, conversely, too easy to trigger.