SB 2266: Initiative; Referendum

A BILL FOR AN ACT

relating to ENABLING LEGISLATION BY THE PEOPLE.

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

     SECTION 1.  The legislature finds that S.B. No.      , Regular Session of 2026, proposes an amendment to the Hawaii State Constitution to provide for initiative and referendum.

     Accordingly, the purpose of this Act is to make conforming amendments to carry out the requirements of S.B. No.      , Regular Session of 2026.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

initiative and referendum

     §   -1  Initiative.  (a)  A statutory amendment or constitutional amendment may be proposed by an initiative petition, signed by registered voters equal in number to at least       per cent of the total votes cast in the most recent election for governor, in the case of a statutory amendment; or at least       per cent of the total votes cast in the most recent election for governor, in the case of a constitutional amendment.  A petition for initiative or referendum shall be signed by voters in each congressional district.

     (b)  The petition shall include the voter's signature, the voter's printed name, residence address, last four digits of the petitioner's social security number, and the date of signing.  Signatures may be on separate sheets, but each sheet shall have appended to it the affidavit of a person, not necessarily a signer of the petition, that, to the best of the affiant's knowledge and belief, the persons whose signatures appear on the sheet are duly registered voters of the State, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given.

     No entity or agent shall circulate or cause to be circulated a petition for initiative or referendum in lieu of or on behalf of any voter.

     The petition shall set forth a measure for the proposed statutory or constitutional amendment which shall be attached and made a part of the petition; provided that a copy of the proposed statutory or constitutional amendment shall first be submitted to the attorney general who shall review and revise the draft as necessary, and approve the draft to ensure that the draft is legally and technically sufficient.

     Upon filing of the petition with the office of elections, the chief election officer shall examine it to see whether it contains a sufficient number of apparently genuine signatures of duly registered voters.  The chief election officer may question the genuineness of any signature or signatures appearing on the petition, and if the chief election officer finds that any signature or signatures are not genuine, the chief election officer, after public disclosure of the signatures in question, shall disregard them in determining whether the petition contains a sufficient number of signatures.

     The chief election officer shall eliminate any sheet of the petition that is not accompanied by the required affidavit.  The invalidity of any sheet shall not affect the validity of the petition if a sufficient number of signatures remains after eliminating the invalid sheet.  The chief election officer shall complete the examination of the petition within twenty working days after the date of filing with the office of elections.

     A final determination as to the sufficiency or validity of the petition shall be subject to court review.

     (c)  The proposed measure, final ballot question, and explanatory statement for the electorate shall be drafted by the attorney general and shall be filed with the office of elections at least       days prior to the general election.  The proposed measure shall be submitted to voters at the next general election.

     (d)  Any proposed statutory or constitutional amendment that is approved by the majority of voters voting thereon shall be deemed enacted, and shall become effective immediately upon certification of the results of the election.  In the event that two or more proposed statutory or constitutional amendments conflict with each other in whole or in part and each is approved by a majority of the voters voting thereon, the proposed amendment receiving the highest number of votes shall be adopted and shall take effect.

     (e)  If any provision of a proposed statutory or constitutional amendment, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of the proposed statutory or constitutional amendment that can be given effect without the invalid provision or application, and to this end the provisions of the proposed statutory or constitutional amendment are severable.

     (f)  A statutory or constitutional amendment that is deemed enacted by initiative or referendum shall not be subject to veto, notwithstanding article III, section 16, of the Hawaii State Constitution.

     §   ‑2  Referendum.  (a)  In the case of a bill that has passed the legislature, the voters may petition for a referendum to approve the bill in the same manner as provided for an initiative; provided that:

     (1)  No bill shall be attached to the petition;

     (2)  The petition shall be filed with the office of elections within       days following adjournment of the general or special session in which the bill is passed; and

     (3)  If the petition for a referendum fails to be approved by the majority of voters voting thereon, the bill's effective date shall be as originally intended in the bill's text.

     (b)  The bill passed by the legislature under subsection (a) shall not become law unless the referendum is approved in accordance with this section, notwithstanding article III, section 15, of the Hawaii State Constitution."

     SECTION 2.  This Act shall take effect upon its approval and upon ratification of a constitutional amendment enabling legislation by the people.

Report Title:

Initiative; Referendum

Description:

Provides for initiative and referendum procedures.  Takes effect upon ratification of a constitutional amendment enabling legislation by the people.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.