Hawaii House Bill HB1399

Hawaii 2023 Regular Session

• Introduced: 1/25/23
• Refer: 1/30/23

Caption

Proposing Amendments To The Hawaii Constitution Relating To The Attorney General.

Impact

The proposed change is likely to have substantial implications for the governance structure in Hawaii. It would shift the power of appointment from the governor to the voters, which could lead to a more responsive and accountable executive branch. This amendment could also instigate a broader discussion about the powers and responsibilities of the attorney general, promoting a more transparent process in the attorney general’s actions and policies. Furthermore, this election process is posited to introduce nonpartisan candidates, focusing on qualifications and capabilities rather than political affiliations.

Summary

House Bill 1399 proposes significant amendments to the Hawaii Constitution relating to the election of the attorney general. Currently, the attorney general is appointed by the governor, but this bill seeks to change that by establishing a system whereby the attorney general would be elected directly by the state's qualified voters. This method of election aims to enhance democratic participation and accountability by allowing the electorate to have direct say in who holds this important public office. The bill stipulates that the attorney general will serve a four-year term, aligned with the governor's term, and limits individuals to two consecutive full terms in office.

Contention

Notably, the bill also addresses the process of impeachment for the attorney general, amending existing provisions to ensure that the procedure aligns with the legislative framework for removing other high-ranking officials. This facet of the bill highlights a commitment to maintaining checks and balances within the state government. Opponents of the bill could express concerns about the politicization of the attorney general's office, arguing that direct elections may lead to partisan influence over what should be a nonpartisan legal role. Additionally, critics might worry that the bill does not adequately ensure the competence and qualifications of candidates since it allows for nonpartisan races.