THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE XVII - REVISION AND AMENDMENT
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
download text (zip, 41K)
index (pdf, 45K)
disclaimer
THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE XVII
REVISION AND AMENDMENT
METHODS OF PROPOSAL
Section 1. Revisions of or amendments to this constitution
may be proposed by constitutional convention or by the
legislature. [Ren Const Con 1978 and election Nov 7, 1978]
CONSTITUTIONAL CONVENTION
Section 2. The legislature may submit to the electorate at
any general or special election the question, "Shall there be a
convention to propose a revision of or amendments to the
Constitution?" If any nine-year period shall elapse during which
the question shall not have been submitted, the lieutenant
governor shall certify the question, to be voted on at the first
general election following the expiration of such period.
ELECTION OF DELEGATES
If a majority of the ballots cast upon such a question be in
the affirmative, delegates to the convention shall be chosen at
the next regular election unless the legislature shall provide
for the election of delegates at a special election.
Notwithstanding any provision in this constitution to the
contrary, other than Section 3 of Article XVI, any qualified
voter of the district concerned shall be eligible to membership
in the convention.
The legislature shall provide for the number of delegates to
the convention, the areas from which they shall be elected and
the manner in which the convention shall convene. The
legislature shall also provide for the necessary facilities and
equipment for the convention. The convention shall have the same
powers and privileges, as nearly as practicable, as provided for
the convention of 1978.
MEETING
The constitutional convention shall convene not less than
five months prior to the next regularly scheduled general
election.
ORGANIZATION; PROCEDURE
The convention shall determine its own organization and
rules of procedure. It shall be the sole judge of the elections,
returns and qualifications of its members and, by a two-thirds
vote, may suspend or remove any member for cause. The governor
shall fill any vacancy by appointment of a qualified voter from
the district concerned.
RATIFICATION; APPROPRIATIONS
The convention shall provide for the time and manner in
which the proposed constitutional revision or amendments shall be
submitted to a vote of the electorate; provided that each
amendment shall be submitted in the form of a question embracing
but one subject; and provided further, that each question shall
have designated spaces to mark YES or NO on the amendment.
At least thirty days prior to the submission of any proposed
revision or amendments, the convention shall make available for
public inspection, a full text of the proposed amendments. Every
public library, office of the clerk of each county, and the chief
election officer shall be provided such texts and shall make them
available for public inspection. The full text of any proposed
revision or amendments shall also be made available for
inspection at every polling place on the day of the election at
which such revision or amendments are submitted.
The convention shall, as provided by law, be responsible for
a program of voter education concerning each proposed revision or
amendment to be submitted to the electorate.
The revision or amendments shall be effective only if
approved at a general election by a majority of all the votes
tallied upon the question, this majority constituting at least
fifty per cent of the total vote cast at the election, or at a
special election by a majority of all the votes tallied upon the
question, this majority constituting at least thirty per cent of
the total number of registered voters.
The provisions of this section shall be self-executing, but
the legislature shall make the necessary appropriations and may
enact legislation to facilitate their operation. [Am Const Con
1968 and election Nov 5, 1968; ren and am Const Con 1978 and
election Nov 7, 1978; am SB 578 (1979) and SB 1703 (1980) and
election Nov 4, 1980]
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. [Ren and am
Const Con 1978 and election Nov 7, 1978]
VETO
Section 4. No proposal for amendment of the constitution
adopted in either manner provided by this article shall be
subject to veto by the governor. [Ren Const Con 1978 and election
Nov 7, 1978]
CONFLICTING REVISIONS OR AMENDMENTS
Section 5. If a revision or amendment proposed by a
constitutional convention is in conflict with a revision or
amendment proposed by the legislature and both are submitted to
the electorate at the same election and both are approved, then
the revision or amendment proposed by the convention shall
prevail. If conflicting revisions or amendments are proposed by
the same body and are submitted to the electorate at the same
election and both are approved, then the revision or amendment
receiving the highest number of votes shall prevail. [Add Const
Con 1968 and election Nov 5, 1968; ren Const Con 1978 and
election Nov 7, 1978]
1999-2005 by William H. Lawson.
