Hawaii does not have statewide initiatives or veto referendums but has legislatively referred amendments. Following approval by a legislative supermajority, a proposed amendment must be submitted to voters at the next general election. The ballot language is prepared by the legislature. The Attorney General, in consultation with the legislative reference bureau, also prepares an explanatory statement in both English and Hawaiian that is distributed to the county clerks and made available at polling places and other public offices. Pre-election judicial review of ballot language may be available via actions for injunctive relief or petitions for extraordinary writ. While applying the statutory standard that ballot language be clear and not misleading, the Supreme Court of Hawaii has indicated that a pivotal inquiry is whether the language generates a knowing and deliberate expression of voter choice.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Hawaii
Hawaii does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the state legislature must be approved by Hawaii voters. Haw. Const. art. XVII, § 3.
Election Timing
A proposed constitutional amendment must be approved by a 2/3 supermajority of each house of the legislature, voting after the Governor has received at least ten days’ notice of the proposal. See Haw. Const. art. XVII, § 3. The legislature may alternatively propose amendments to the constitution with or without notice to the Governor “by a majority vote of each house on final reading at each of two successive sessions.” Id. Thereafter, the proposed amendment is submitted to Hawaii voters at the next general election. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any proposed constitutional amendment in Hawaii must display the following.
- A constitutional ratification question. See Rev. Stat. § 11-118.5(a).
- The question must be included by the legislature in the underlying resolution proposing the amendment. See id.
- The language and meaning of the amendment must be clear, and it must not be misleading or deceptive. See id.
Proposed constitutional amendments must be submitted on a separate ballot. Haw. Const. art. XVII, § 3.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The proposed amendment (full text) must be published in at least one newspaper of general circulation in each senatorial district in which a paper is published, within two months of the general election. See Haw. Const. art. XVII, § 3. The Hawaii Supreme Court has invalidated an amendment based on the state’s failure to comply with the publication requirements set forth in the state constitution. See Watland v. Lingle, 85 P.3d 1079, 1090–92 (Haw. 2004).
Voter Information Pamphlet
The Attorney General, in consultation with the legislative reference bureau, must prepare an explanatory statement in English, Olelo Hawaii, and other languages required under the Voting Rights Act, which the Attorney General distributes to the state office of elections and county clerks for further distribution at polling places, other public offices, and on a state website. See S.B. 1076, 32d Leg., Reg. Sess. § 3 (Haw. 2023) (amending Haw. Rev. Stat. § 11-118.5(b)(1)–(3)). The statement must be written in language that is clear, and must indicate the purpose, limitations, and effects of the proposed amendment. See id. sub. (1).
The office of elections must prepare a digital voter information guide and post it in a screen-reader-accessible format to its website. S.B. 1076, 32d Leg., Reg. Sess. § 2 (Haw. 2023) (statute to be designated). The digital voter guide must be translated into Olelo Hawaii, and it must be printed and distributed to public libraries for viewing by the public. Id. The digital voter guide must include the explanatory statement of the proposed constitutional amendment provided that the Attorney General submits the required materials the office of elections no later than seventy-five days before the general election. Id.
JUDICIAL REVIEW
When and how can the court step in?
Hawaii’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but pre-election judicial review may be available via an action for injunctive relief and/or petition for extraordinary writ. See City & Cnty. of Honolulu v. State, 431 P.3d 1228, 1235-37 (Haw. 2018) (describing how the court granted a pre-election petition for extraordinary writ based on an invalid ballot question). While applying the statutory standard that ballot language must be clear and not misleading, the Supreme Court of Hawaii has indicated that a pivotal inquiry is whether the language “generates a knowing and deliberate expression of voter choice.” Id. at 1238 (citing Kahalekai v. Doi, 590 P.2d 543, 550 (Haw. 1979)).
Sample case: City & Cnty. of Honolulu v. State, 431 P.3d 1228, 1236 (Haw. 2018) (ordering that no votes be counted due to the ballot question’s failure to comply with the requirement that proposed constitutional amendment language and meaning must be clear and not misleading).