THE SENATE

S.B. NO.

982

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO ARTICLE XVII, SECTION 3, OF THE CONSTITUTION OF THE STATE OF HAWAII.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Article XVII, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"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[.], except that each amendment shall be effective only if:

     (1)  The amendment is approved at a general election by a majority of all the votes tallied upon the question; and

     (2)  The number of votes tallied upon the question in comparison with the number of votes cast at the general election is a percentage that is at least equal to the percentage of votes tallied upon constitutional amendments proposed by the legislature in comparison to the votes cast at the general election in which the amendments were voted on in the immediately preceding ten years.  As used herein "votes tallied" does not include blank or spoiled ballots, and "votes cast" includes all ballots, including blank and spoiled ballots."

     SECTION 2.  The question to be printed on the ballot shall be as follows:

    "Shall a constitutional amendment proposed by the legislature be deemed ratified only if the amendment is approved by a majority of yes votes over no votes on the question, and if the total number of yes and no votes tallied upon the question in comparison with the total number of votes cast at the general election, including spoiled and blank ballots, is a percentage that is equal to or greater than the average percentage using the same comparisons in the immediately preceding ten years?"

     SECTION 3.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 4.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 


 


 

Report Title:

Constitution of the State of Hawaii; Amendments Proposed by the Legislature

 

Description:

Proposes a constitutional amendment to determine whether an amendment to the Constitution of the State of Hawaii proposed by the legislature has been ratified by requiring that only yes and no votes be counted and that the total number of yes and no votes tallied upon the question in comparison with the total number of votes cast, including blank and spoiled ballots cast at the general election, constitutes a percentage that is at least equal to the percentage of the total number of yes and no votes on legislatively proposed amendments using the same comparison with the total number of votes cast, including blank and spoiled ballots cast at the general elections of the immediately preceding ten years.  (SD1)

 

 

 

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