Frequently Asked Questions

What is a Constitutional Convention?

A constitutional convention is an organized gathering of publicly-elected delegates for the purpose of reviewing and putting forth revisions to our existing state constitution.

What is our State Constitution?

Our State Constitution is a document that represents the values of our state and provides the fundamental principles of government and law with which all other Hawai‘i laws must conform. Read the Hawai`i State Constitution.

What is the question that will appear on the 2008 General Election ballot?

“Shall there be a convention to propose a revision of or amendments to the Constitution?”

What would be the cost of a Constitutional Convention?

The Lieutenant Governor established a task force to determine the cost of holding a constitutional convention and examine ways to potentially reduce such costs.  The 11-member, non-partisan Constitutional Convention Cost Task Force, composed of community and government leaders, completed its public report on August 1, 2008.  After seven public Task Force meetings and numerous subcommittee meetings, the Task Force concluded that the potential cost range of the various options to hold a constitutional convention is approximately $2,329,656 to $11,114,045.

If the public decides in the November 2008 General Election to hold a constitutional convention, the State Legislature will determine the appropriate level of funding for a convention, among other considerations. Read the final report.

What specific issues could be addressed in a Constitutional Convention?

It is really up to the public to decide which issues should be addressed.

The issues that have received the most widespread attention include:

When was the last constitutional convention held in Hawai`i?

The last constitutional convention in Hawai`i was held 30 years ago in 1978.

What were some of the significant initiatives that emerged from the last Constitutional Convention in 1978?

When was the last time the public voted on whether to convene a Constitutional Convention?

The last time the voters of Hawai`i were asked to vote on the prospect of holding a Constitutional Convention was November 3, 1998 – 10 years ago.

What was the result of the last vote?

In the November 1998 election, 59 percent of Hawai`i voters opted not to convene a Con Con.

Although, in November 1996, just two years earlier, Hawai`i voters cast more “yes” votes than “no” votes in response to the Con Con question. 

However, the Hawai`i Supreme Court later ruled in Hawai`i State AFL-CIO v. Yoshina, 935 P.2d 89 (Haw. 1997), that blank ballots must be counted as “no” votes.

Do blank ballots still get counted as “No” votes under Hawai`i law?

Blank ballots still count as "no" votes for the question of convening a constitutional convention as well as proposed constitutional amendments.  After the Hawai`i State AFL-CIO v. Yoshina decision, the Hawai`i State Legislature amended the law to conform to the Supreme Court’s decision.  Therefore, HRS Section 11-151(3) now reads as follows:

If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that such ballots shall be counted as votes cast in ratification of a constitutional amendment or a question for a constitutional convention.

How did the Constitutional Convention question get put on the 2008 ballot?

The Lt. Governor sent a letter to the Office of Elections that certified the Con Con question to be placed on the 2008 General Election ballot.

Article 17, Section 2 of the Hawai`i Constitution allows the Legislature to submit the Con Con question to the voters at any general or special election.  However, if a nine-year period elapses without the Legislature submitting the Con Con question, then the Lt. Governor must certify the question to be voted on at the next general election.

Assuming it’s approved by the voters, how would a Constitutional Convention work?

Once delegates are elected, the constitution requires that the convention convene at least five months prior to the next general election.  Our hope is that a Con Con would begin soon enough to allow for a full and robust discussion on all issues, as well as a period of time to keep the public informed and involved on each proposed amendment being submitted to the electorate.

The legislature will determine the number of delegates to a convention, as well as funding and facilities. A special election could be necessary in order to elect the constitutional delegates.