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.
Summary
SB1225 proposes a constitutional amendment to Article XVII, section 3 of the Hawaii Constitution to change how voter approval is counted for constitutional amendments proposed by the Legislature. Under the bill, a proposed legislative amendment would be approved if it receives a majority of the votes tallied on the question, and only explicit “no” votes would count against it. Blank ballots, spoiled ballots, and overvotes would no longer be treated as votes in opposition for this purpose.
The bill also clarifies that this change would apply only to constitutional amendments proposed by the Legislature, not to amendments originating from a constitutional convention. It would revise the ballot question presented to voters to explain that the current rule requires the majority of votes tallied on the question to also equal at least 50 percent of the total vote cast at the election, and asks whether that additional requirement should be removed.
Impact
If adopted by voters, SB1225 would amend Article XVII, section 3 of the state constitution and alter the ratification standard for legislatively proposed constitutional amendments. The practical effect would be to make it easier for such amendments to pass by excluding blank, spoiled, and overvotes from the “no” side of the tally, while leaving Article XVII, section 2 unchanged for constitutional convention amendments. The bill would therefore affect the constitutional amendment process, election administration, and how ballot questions are counted in general elections.
Sentiment
The bill appears to have generally favorable support in committee, as reflected by unanimous or near-unanimous passage through the Senate Judiciary and Senate Ways and Means committees. However, the House floor vote on second reading showed meaningful opposition, with several representatives voting no and one voting aye with reservations. Overall, the discussion history suggests support for simplifying the amendment-counting rule, but not without concern about changing the threshold for constitutional change.
Contention
The main point of contention is whether removing the 50 percent-of-total-vote-cast requirement would make it too easy for constitutional amendments proposed by the Legislature to be adopted. Supporters frame the bill as a clarification that prevents blank, spoiled, or overvotes from being treated as implicit opposition and better reflects voter intent. Opponents appear concerned that the current higher threshold serves as an important safeguard and that lowering it could reduce the level of affirmative voter participation needed to amend the constitution. The split House vote and the “aye with reservations” vote indicate that the counting rule itself, rather than the concept of constitutional amendment, is the central issue.
Carry Over
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 Amendments To Article X, Section 2 And Article Xviii, Section 12, Of The Constitution Of The State Of Hawaii To Establish Local Elected School Boards.
Proposing Amendments To Article X, Section 2 And Article Xviii, Section 12, Of The Constitution Of The State Of Hawaii To Establish A School Board Comprised Of Appointed And Elected Members.
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 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.