CONST 0017-0002 ANNOTATIONS

Delegates to convention cannot be elected at the same time the referendum is taken. Att. Gen. Op. 65-16.

The legislature may enact a statute providing that an election will be held on a specified date to ratify the constitutional amendment proposed by the constitutional convention if a date is not provided by the convention; but the legislature alone cannot specify the date the election must be held. Att. Gen. Op. 67-3.

Whether amendments are submitted to electorate for ratification separately or together as a unit is for the convention to determine. Att. Gen. Op. 68-9.

Convention may determine manner of submitting its proposals to the electorate. Att. Gen. Op. 68-23.

A proposal of the convention becomes effective upon ratification by electors on election day, not upon certification of results by lieutenant governor. Att. Gen. Op. 68-31.

Full ten-year period must elapse before question can be placed on ballot by lieutenant governor. Att. Gen. Op. 75-6.

Legislature cannot call constitutional convention without putting question on ballot. Att. Gen. Op. 75-6.

Legislature may not enact statute prohibiting elected officials from being delegates to constitutional convention. Att. Gen. Op. 75-10.

Individual may run both as candidate for public office and as delegate to constitutional convention even though elections are concurrent. Att. Gen. Op. 75-12.

Delegates to convention devising reapportionment plan are not prohibited from becoming candidates under the new plan. Att. Gen. Op. 77-3.

Legislature can provide that public employees elected as delegates shall have leave without pay without loss of other benefits. Att. Gen. Op. 77-3.

Only the legislature may appropriate funds for the convention. Att. Gen. Op. 77-3.

Time limits on convention are set by the delegates, not the legislature. Att. Gen. Op. 77-3.

Provisions of federal Equal Time Law will apply to candidates seeking election as delegates to the Constitutional Convention. Att. Gen. Op. 78-2.

"Total vote cast at the election" includes blank and spoiled ballots. Att. Gen. Op. 82-7.

Constitutional challenge to 1996 constitutional convention vote rejected and Hawaii vote upheld, where plaintiffs argued, inter alia, that Hawai`i State AFL-CIO v. Yoshina was a totally unforeseeable interpretation of the State's election laws and, therefore, amounted to a denial of substantive due process. 140 F.3d 1218.

Failure to seek preelection relief in federal court barred attempt to invalidate results of November 7, 1978 general election concerning amendments to State Constitution because plaintiffs had knowledge of alleged irregularities prior to election and ample time to seek relief. 470 F. Supp. 1195.

Constitutional amendment ballot found partially defective. 60 H. 324, 590 P.2d 543.

"Ballots cast", within meaning of this section, includes blank ballots and over votes. 84 H. 374, 935 P.2d 89.

The publication and disclosure language of this section and section 3 of the Hawaii constitution is clear and unambiguous; thus it must be construed as written; insofar as they clearly regulate amendments to the constitution, these provisions are not merely directory, but mandatory. 104 H. 128, 85 P.3d 1079.

Where state defendants failed to comply with the requirements set forth in the Hawaii constitution regarding publication and disclosure of the text of a proposed constitutional amendment authorizing the initiation of felony prosecutions by written information, the amendment was not validly ratified in accordance with the mandate of this section and section 3 of this article. 104 H. 128, 85 P.3d 1079.