HB 2620: Constitutional Amendment; Legislative Referendum

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO THE constitution of the state of hawaii TO ESTABLISH A PROCESS FOR REFERENDUM.

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

     SECTION 1.  The purpose of this Act is to propose an amendment to article III of the Constitution of the State of Hawaii to approve or reject laws enacted by the legislature.  This measure advances the principle of direct democracy by enabling voter participation in the legislative process.

     SECTION 2.  Article III of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"LEGISLATIVE REFERENDUM

     Section    .  (a)  The legislature may refer any act or proposed act to the voters for approval or rejection, 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 referendum, or, with or without such notice, by a majority vote of each house on final reading at each of two successive sessions.  The referral shall specify the act or proposed act to be submitted and the election at which it shall appear on the ballot.

     (b)  A legislative referendum on a proposed act shall be submitted to the voters before the proposed act takes effect.  A legislative referendum on an act enacted may be submitted to the voters at any time; provided that the act shall remain in effect until the referendum is held and the results are certified, unless otherwise specified by the legislature.

     (c)  A legislative referendum shall be submitted to the voters at a general election or at a special election called for that purpose.  The legislature shall determine the election at which the referendum shall appear.

     (d)  If a majority of the votes cast on a referendum measure are in favor of the act, the act shall take effect as provided by law.  If a majority of the votes cast on a referendum measure are against the act, the act shall be void and of no effect.

     (e)  The legislature shall enact laws to facilitate the operation of this section, including but not limited to procedures for signature verification, ballot preparation, and voter information.  Such laws shall not impose conditions that make the exercise of the referendum power unduly burdensome.

     (f)  The provisions of this section are self-executing."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

     "Shall the Constitution of the State of Hawaii be amended to establish a legislative referendum process that allows the legislature to refer acts to voters for approval or rejection?"

     SECTION 4.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Legislative Referendum

Description:

Proposes a constitutional amendment for the establishment of a legislative referendum process that allows the Legislature to refer acts to voters for approval or rejection.

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