THE SENATE S.B. NO. 1225 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT 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. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 1225
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
THE SENATE
S.B. NO.
1225
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the state constitution is at times amended when voters in a general election approve a proposed amendment that has been placed on the election ballot. The legislature further finds that the manner in which ballot responses are required to be counted for state constitutional amendment purposes, by deeming ballots left blank, spoiled, or over voted as a vote in opposition to the proposed amendment, is confusing and may lead to a result unintended by the voter. Pursuant to the state constitution, the standard for passage of a proposed constitutional amendment is two-fold. First, a majority of voters must have voted "yes" on the proposed amendment question, based on the "majority of all the votes tallied upon the question" requirement that appears in article XVII, section 2 of the Constitution of the State of Hawaii. Second, this majority must also represent a majority of all votes cast in the election, based on that same section's requirement that the majority constitute "at least fifty per cent of the total vote cast at the election." In practical terms, this means that all ballots that are validly returned are considered to have been cast. So if the voter responded to the proposed amendment question by leaving the answer blank, spoiling the ballot, or over voting, the answer is counted as a "no" vote. Thus, when factoring in all votes cast, the actual threshold for passage of a state constitutional amendment can be significantly higher than fifty per cent of voters voting "yes" or "no" on the question. Accordingly, the purpose of this Act is to amend article XVII, section 3 of the Constitution of the State of Hawaii regarding the standard for ratification of a constitutional amendment proposed by the legislature to require that a majority of all the votes tallied upon the question be a "yes" vote, and not include blank, spoiled, and over votes in determining whether a majority was reached. Only ballots that indicate a "no" vote will be counted as "no." The legislature notes that this amendment is not intended to change the standard for tabulating votes on constitutional amendments that are generated by a constitutional convention, and will therefore leave unamended the relevant language in article XVII, section 2 of the Constitution of the State of Hawaii. SECTION 2. 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.] The proposed amendments shall be effective only if approved at a general election by a majority of all the votes tallied upon the question." SECTION 3. The question to be printed on the ballot shall be as follows: "Under the current language of the Constitution of the State of Hawaii, there are two requirements to approve a constitutional amendment, whether proposed by the Legislature or by a Constitutional Convention: First, a majority of the votes tallied must be in support of the amendment. Second, a majority of the votes cast must be in support, meaning that blank votes, spoiled votes, and over votes are counted as "no" votes. Shall the Constitution of the State of Hawaii be amended to change the standard for voter approval of constitutional amendments that are proposed by the Legislature, to require solely that a majority of the votes tallied approve of the amendment and to delete the additional requirement that there be approval by a majority of the votes cast so that only ballots that indicate a "no" vote on the constitutional amendment be counted as "no"?" SECTION 4. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii. INTRODUCED BY: _____________________________
SECTION 1. The legislature finds that the state constitution is at times amended when voters in a general election approve a proposed amendment that has been placed on the election ballot. The legislature further finds that the manner in which ballot responses are required to be counted for state constitutional amendment purposes, by deeming ballots left blank, spoiled, or over voted as a vote in opposition to the proposed amendment, is confusing and may lead to a result unintended by the voter.
Pursuant to the state constitution, the standard for passage of a proposed constitutional amendment is two-fold. First, a majority of voters must have voted "yes" on the proposed amendment question, based on the "majority of all the votes tallied upon the question" requirement that appears in article XVII, section 2 of the Constitution of the State of Hawaii. Second, this majority must also represent a majority of all votes cast in the election, based on that same section's requirement that the majority constitute "at least fifty per cent of the total vote cast at the election." In practical terms, this means that all ballots that are validly returned are considered to have been cast. So if the voter responded to the proposed amendment question by leaving the answer blank, spoiling the ballot, or over voting, the answer is counted as a "no" vote. Thus, when factoring in all votes cast, the actual threshold for passage of a state constitutional amendment can be significantly higher than fifty per cent of voters voting "yes" or "no" on the question.
Accordingly, the purpose of this Act is to amend article XVII, section 3 of the Constitution of the State of Hawaii regarding the standard for ratification of a constitutional amendment proposed by the legislature to require that a majority of all the votes tallied upon the question be a "yes" vote, and not include blank, spoiled, and over votes in determining whether a majority was reached. Only ballots that indicate a "no" vote will be counted as "no."
The legislature notes that this amendment is not intended to change the standard for tabulating votes on constitutional amendments that are generated by a constitutional convention, and will therefore leave unamended the relevant language in article XVII, section 2 of the Constitution of the State of Hawaii.
SECTION 2. 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.] The proposed amendments shall be effective only if approved at a general election by a majority of all the votes tallied upon the question."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Under the current language of the Constitution of the State of Hawaii, there are two requirements to approve a constitutional amendment, whether proposed by the Legislature or by a Constitutional Convention: First, a majority of the votes tallied must be in support of the amendment. Second, a majority of the votes cast must be in support, meaning that blank votes, spoiled votes, and over votes are counted as "no" votes.
Shall the Constitution of the State of Hawaii be amended to change the standard for voter approval of constitutional amendments that are proposed by the Legislature, to require solely that a majority of the votes tallied approve of the amendment and to delete the additional requirement that there be approval by a majority of the votes cast so that only ballots that indicate a "no" vote on the constitutional amendment be counted as "no"?"
SECTION 4. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
INTRODUCED BY: _____________________________
INTRODUCED BY:
_____________________________
Report Title: ConAm; General Elections; Amendment Process; Tallying; Votes Description: Proposes to amend article XVII, section 3 of the Hawaii State Constitution regarding the standard for ratification of a constitutional amendment proposed by the legislature, to require that a majority of all the votes tallied upon the question be a "yes" vote, and not include blank, spoiled, and over votes in determining whether a majority was reached. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
ConAm; General Elections; Amendment Process; Tallying; Votes
Description:
Proposes to amend article XVII, section 3 of the Hawaii State Constitution regarding the standard for ratification of a constitutional amendment proposed by the legislature, to require that a majority of all the votes tallied upon the question be a "yes" vote, and not include blank, spoiled, and over votes in determining whether a majority was reached.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.