Assembling a Constitutional Convention in Hawai`i
On November 4, 2008, Hawai`i voters will be asked, “Shall there be a convention to propose a revision of or amendments to the Constitution?" It is a decision that will have a lasting impact on the future of Hawai‘i because our constitution represents the fundamental governing principles and values of our state.
A constitutional convention is an organized gathering of publicly elected delegates for the purpose of reviewing and proposing amendments to our State Constitution. Any proposed constitutional amendments approved by the public delegates would then be voted on for ratification by our citizens during a subsequent general election.
All Hawai‘i residents over the age of 18 would be eligible to become a constitutional delegate. A constitutional convention would directly involve Hawai`i's citizens in helping to determine the future governance of our state.
Rarely does an opportunity come for the public to impose such far-reaching change upon our system of government. The founders of our state recognized the importance of maintaining a living, evolving constitution when they incorporated a provision that allows for the public to decide whether or not to hold constitutional convention every 10 years.
Yet our last constitutional convention was held in 1978, 30 years ago.
Several significant accomplishments resulted from our last constitutional convention, including the requirement of an annual balanced budget, the establishment of term limits for the Governor and Lt. Governor, the creation of the Judicial Selection Commission and Office of Hawaiian Affairs, the adoption of the Hawaiian language as an official state language of Hawai`i, and the creation of the Council on Revenues to to prepare revenue estimates for a six-year planning period.
Out of the 102 publicly elected delegates in our last constitutional convention, only seven had ever held elected office. Believing the time has come to take a fresh look at our existing constitution, the Lt. Governor submitted a letter to the Office of Elections in December 2007, certifying that the question of assembling a constitutional convention would be placed on this year’s General Election ballot.
Several long-standing issues can be addressed by our citizens at a constitutional convention, including restructuring the public education system, redefining relationships between the state and counties, expanding legislative options, such as public initiative and referendum, strengthening sunshine laws to make government more open and transparent, protecting agricultural lands and advancing energy independence.
Ultimately, it is up to the people of Hawai‘i to decide.
This decision is compounded by the fact that blank ballots take on a new meaning. When voting whether to assemble a constitutional convention, as well as proposed constitutional amendments, blank ballots are counted as “no” votes.
The reason for this is because in 1997, the Hawai‘i Supreme Court ruled in Hawai‘i State AFL-CIO versus Yoshina that blank ballots must be counted as “no” votes.
That is why it is so important to make sure the public has all the information available to make an informed decision.
"Presenting the people of Hawai`i with the opportunity to hold a constitutional convention is my duty as a public servant," Lt. Governor Aiona said. "And it is my privilege to provide our citizens with credible and accurate information so they can make a well-informed decision.”
