REPORT TITLE:
Const. Amend; Counting Votes


DESCRIPTION:
Proposes constitutional amendments to prohibit the counting of
blank, spoiled, or invalid ballots for purposes of determining:
(1) whether a constitutional convention should be held; or (2)
whether a proposed constitutional amendment has been ratified.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            585         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AMENDMENTS TO ARTICLE XVII OF THE CONSTITUTION OF THE
   STATE OF HAWAII RELATING TO THE COUNTING OF VOTES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to propose amendments
 
 2 to Article XVII of the Constitution of the State of Hawaii to
 
 3 clarify that blank, spoiled, or otherwise invalid ballots shall
 
 4 not be counted for purposes of determining whether the people
 
 5 have voted to hold a constitutional convention, or have ratified
 
 6 proposed amendments to the constitution.
 
 7      SECTION 2.  Article XVII, section 2, of the Constitution of
 
 8 the State of Hawaii is amended to read as follows:
 
 9                    "CONSTITUTIONAL CONVENTION
 
10      Section 2.  The legislature may submit to the electorate at
 
11 any general or special election the question, "Shall there be a
 
12 convention to propose a revision of or amendments to the
 
13 Constitution?"  If any nine-year period shall elapse during which
 
14 the question shall not have been submitted, the lieutenant
 
15 governor shall certify the question, to be voted on at the first
 
16 general election following the expiration of such period.
 
17                       ELECTION OF DELEGATES
 
18      If a majority of the [ballots] votes cast upon [such] a
 
19 question be in the affirmative, delegates to the convention shall
 

 
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 1 be chosen at the next regular election unless the legislature
 
 2 shall provide for the election of delegates at a special
 
 3 election.  Blank, spoiled, or invalid ballots shall not be
 
 4 tallied as votes cast.
 
 5      Notwithstanding any provision in this constitution to the
 
 6 contrary, other than Section 3 of Article XVI, any qualified
 
 7 voter of the district concerned shall be eligible to membership
 
 8 in the convention.
 
 9      The legislature shall provide for the number of delegates to
 
10 the convention, the areas from which they shall be elected and
 
11 the manner in which the convention shall convene.  The
 
12 legislature shall also provide for the necessary facilities and
 
13 equipment for the convention.  The convention shall have the same
 
14 powers and privileges, as nearly as practicable, as provided for
 
15 the convention of 1978.
 
16                              MEETING
 
17      The constitutional convention shall convene not less than
 
18 five months prior to the next regularly scheduled general
 
19 election.
 
20                      ORGANIZATION; PROCEDURE
 
21      The convention shall determine its own organization and
 
22 rules of procedure.  It shall be the sole judge of the elections,
 
23 returns and qualifications of its members and, by a two-thirds
 

 
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 1 vote, may suspend or remove any member for cause.  The governor
 
 2 shall fill any vacancy by appointment of a qualified voter from
 
 3 the district concerned.
 
 4                   RATIFICATION; APPROPRIATIONS
 
 5      The convention shall provide for the time and manner in
 
 6 which the proposed constitutional revision or amendments shall be
 
 7 submitted to a vote of the electorate; provided that each
 
 8 amendment shall be submitted in the form of a question embracing
 
 9 but one subject; and provided further, that each question shall
 
10 have designated spaces to mark YES or NO on the amendment.
 
11      At least thirty days prior to the submission of any proposed
 
12 revision or amendments, the convention shall make available for
 
13 public inspection, a full text of the proposed amendments.  Every
 
14 public library, office of the clerk of each county, and the chief
 
15 election officer shall be provided such texts and shall make them
 
16 available for public inspection.  The full text of any proposed
 
17 revision or amendments shall also be made available for
 
18 inspection at every polling place on the day of the election at
 
19 which such revision or amendments are submitted.
 
20      The convention shall, as provided by law, be responsible for
 
21 a program of voter education concerning each proposed revision or
 
22 amendment to be submitted to the electorate.
 

 
 
 
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 1      The revision or amendments shall be effective only if
 
 2 approved at a general election by a majority of all the votes
 
 3 [tallied] cast upon the question, this majority constituting at
 
 4 least fifty per cent of the total vote cast at the election, or
 
 5 at a special election by a majority of all the votes [tallied]
 
 6 cast upon the question, this majority constituting at least
 
 7 thirty per cent of the total number of registered voters.  Blank,
 
 8 spoiled, or invalid ballots shall not be tallied as votes cast.
 
 9      The provisions of this section shall be self-executing, but
 
10 the legislature shall make the necessary appropriations and may
 
11 enact legislation to facilitate their operation."
 
12      SECTION 3.  The question to be printed on the ballot shall
 
13 be as follows:
 
14      "Shall blank, spoiled, and invalid ballots be excluded (not
 
15      counted) in determining whether the voters of the State
 
16      have:  (1) authorized the convening of a constitutional
 
17      convention; or (2) ratified a proposed constitutional
 
18      amendment?"
 
19      SECTION 4.  Constitutional material to be repealed is
 
20 bracketed.  New constitutional material is underscored.
 
21      SECTION 5.  This amendment shall take effect upon compliance
 
22 with article XVII, section 3, of the Constitution of the State of
 
23 Hawaii.
 
24 
 
25                           INTRODUCED BY:  _______________________