CONST 0017-0003 ANNOTATIONS

Notice of proposed constitutional amendments, see §22-6.

Passage of constitutional amendment by majority vote may be accomplished at two successive special sessions. Att. Gen. Op. 64-41.

Passage of proposed amendment by two-thirds vote of each house on final reading cannot be accomplished on the tenth day of notice; it may only be done thereafter. Att. Gen. Op. 64-41.

The ten days' written notice to the governor refers to ten calendar days. It is computed by excluding the day on which notice is given and including the last day. Att. Gen. Op. 64-41.

With a two-thirds vote, a proposed amendment passed at a single session may be placed on ballot. Att. Gen. Op. 75-9.

Amendments proposed by the legislature should be printed on a separate ballot, apart and distinct from the ballot containing county charter amendments. Att. Gen. Op. 80-7.

Signature of governor, whether required to propose amendments, see 8 H. 606.

Act proposing alternative constitutional amendments concerning changes in school governance directed amendment to state constitution in violation of procedure set forth in section. 73 H. 536, 836 P.2d 1066.

Attorney general had standing to raise claims in action regarding notice provisions of this section given significant public importance of issue and likelihood of recurrence. 84 H. 179, 932 P.2d 316.

Governor must receive at least ten days notice, prior to second legislative chamber's vote, of a proposed constitutional amendment's final form; required notice may be given by the Senate, the House, or both. 84 H. 179, 932 P.2d 316.

The publication and disclosure language of this section and section 2 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 2 of this article. 104 H. 128, 85 P.3d 1079.