"Shall there be a convention to propose a revision of or amendments to the Constitution?" That is the question on which Hawaii voters will be asked to vote yes or no this November.
I believe this is the most important vote facing Hawaii voters this year save only our choice of President. I believe we should answer yes and convene a State Constitutional Convention (Con Con) for the first time since 1978.
I'll say why in future e-newsletters, and we'll all have that debate between now and November. But I've found that what's missing thus far in our public discussions is a broad understanding of the facts.
In that spirit, here are the factual questions I'm asked most often and the answers:
As used here, a Con Con is a convention of delegates elected to discuss and propose to voters amendments to our Hawai‘i State Constitution.
- 2. What is our Hawaii State Constitution?
Our Constitution is the document adopted by the people of Hawai‘i declaring our fundamental laws and principles for the government of our home.
- 3. What is the relationship between our Hawaii Constitution and our United States Constitution?
Our Constitution adopts our federal constitution but then, within that constitution's framework of the fundamental laws and principles for our country, sets forth how we will govern ourselves in Hawaii.
- 4. What does our Constitution cover?
The titles of the articles of our Constitution describe the breadth and depth of matters addressed: Bill of Rights; Suffrage and Elections; The Legislature; Reapportionment; The Executive; The Judiciary; Taxation and Finance; Local Government; Public Health and Welfare; Education; Conservation, Control and Development of Resources; Hawaiian Affairs; Organization and Collective Bargaining; Code of Ethics; State Boundaries, Capital, Flag, Language and Motto; General and Miscellaneous Provisions; Revision and Amendment; Schedule.
- 5. Can our Constitution be changed?
Yes, but only by Hawai‘i voters on a majority vote for a proposed amendment; our legislature or governor cannot change our Constitution.
- 6. How are revisions of or amendments to our Constitution proposed to voters?
Two ways: (1) by our Legislature; or (2) by a Con Con.
- 7. Has our legislature proposed constitutional amendments?
Yes; 68 amendments were proposed to the voters by our Legislature since Statehood, of which 49 were adopted.
- 8. How many Con Cons have we had?
Three: in 1950 (when our Constitution was adopted); and in 1968 and 1978.
- 9. Have Con Con-proposed constitutional amendments been adopted?
Yes; the voters ratified the Constitution proposed by the 1950 Con Con, adopted all but one of the 23 amendments proposed by the 1968 Con Con, and adopted all of the 33 amendments proposed by the 1978 Con Con.
- 10. How is the question whether to convene a Con Con submitted to the voters?
Two ways: (1) by our legislature voting to do so at the next general election; or (2) automatically at the next general election if ten years will have passed since the question was last submitted to the voters.
- 11. What is the case this year?
The last election at which the question was submitted to the voters was 1998; the legislature has not voted to submit the question since then so, since it's been ten years, under our Constitution the question will automatically be on the ballot this November.
- 12. Once the question is on the ballot, what vote is necessary to convene a Con Con?
Our Constitution says a "majority of the ballots cast," and our Supreme Court has ruled that this means the yes votes must outnumber all other ballots (no votes, plus blank votes, plus votes marked both yes and no).
- 13. If the voters vote for a Con Con, how are the Con Con details established?
Our Constitution leaves the details to the legislature, subject to some ground rules on when delegates must be elected, the Con Con must convene, and any proposed revisions or amendments must be submitted to the voters.
- 14. What about the number of delegates?
This is up to the legislature, but in the 1978 Con Con there were two delegates elected from each of our 51 state representative districts for a total of 102 (in 1968, 82 delegates from 18 districts; in 1950, 63 delegates from 6 districts).
- 15. When are the delegates elected?
The Legislature can call a special election (which could be a mail-in ballot like used for the Oahu Neighborhood Boards); but, if a special election is not called, then the delegates must be elected at the next general election.
It must be convened no later than five months before the next general election (after election of the delegates).
- 17. When are any proposed revisions or amendments submitted to the voters?
This is up to the Con Con (including the option of a special election), but past practice has been submission at the next general election.
- 18. How long would the Con Con last?
This is up to the Con Con, but past Con Cons lasted about two months.
- 19. Adding this all up, what timelines are we talking about?
There are two basic options, both assuming that voters approve a Con Con this November:
- The two-year approach, under which the legislature directs a special election for delegates in 2009, the Con Con convenes in 2009 and/or 2010, and any proposed revisions or amendments are submitted to the voters at the November 2010 general election; or
- The four-year approach, under which the legislature does nothing, in which case delegates are elected in November 2010, the Con Con convenes in 2011 and/or 2012, and proposed revisions/amendments are submitted to the voters in November 2012.
- 20. How much would a Con Con cost?
The Legislature would make the necessary appropriations; the amount would depend greatly on various factors such as how many delegates, how they are elected, their salaries/stipends/costs, how long the Con Con lasts, what existing facilities and staffing are already available, and what other resources are required, but a reasonable estimate is up to $10 million.
- 21. Where is further information available?
Here are a few options for now:
- Visit your state library to review our Constitution;
- Contact your state legislator, who has ready access to various internal and Legislative Reference Bureau reports and summaries; and
Please let me know if you have any questions. Otherwise, I look forward to a full discussion on the Con Con and our Hawaii's future.
Ed Case was a Hawaii state Representative and a Hawaii Congressman. Reach him at mailto:EdCase@edcase.com
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