Hawaii Senate Bill SB2393

Hawaii 2024 Regular Session

• Introduced: 1/19/24
• Refer: 1/22/24

Caption

Amending Article Xvi, Section 3, Of The Constitution Of The State Of Hawaii To Prevent Certain Individuals From Serving In Public Office Or Employment.

Impact

If passed, this amendment would broaden the scope of disqualification from public office, allowing individuals who have engaged in anti-democratic actions—without needing a criminal conviction for such actions—to be barred from serving in positions of power. Proponents argue that this move reflects a necessary safeguard for democracy, ensuring that only individuals of integrity occupy public roles. It underscores the state's commitment to integrity in governance and the preservation of democratic values.

Summary

SB2393 is a legislative proposal to amend Article XVI, Section 3 of the Constitution of the State of Hawaii. The amendment seeks to reform the criteria under which individuals may be disqualified from holding public office. Currently, the law specifies that those convicted of actions attempting to overthrow the government are barred from office. SB2393 aims to align the disqualification criteria more closely with Section 3 of the Fourteenth Amendment to the U.S. Constitution, emphasizing engagement in insurrection or rebellion rather than requiring a conviction for such actions.

Contention

Notable points of contention surrounding SB2393 include debates on the implications of allowing disqualifications based solely on alleged actions rather than convictions. Critics may argue that this could lead to arbitrary disqualifications and infringe on individuals’ rights due to lack of due process. Additionally, the absence of a requirement for a conviction opens the door for potential misuse of power against political opponents, raising concerns among civil rights advocates regarding the fairness and integrity of the electoral process in Hawaii.