REPORT TITLE:
Const. Amend; Counting Votes


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2360
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 all the [ballots] votes cast upon such a
 
19 question be in the affirmative, delegates to the convention shall
 

 
Page 2                                                     
                                     S.B. NO.           2360
                                                        
                                                        

 
 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 counted as votes cast, except that a blank vote on the question
 
 5 shall not invalidate or spoil the votes cast on the ballot on any
 
 6 office to be filled or questions or issues to be voted on.
 
 7      Notwithstanding any provision in this constitution to the
 
 8 contrary, other than Section 3 of Article XVI, any qualified
 
 9 voter of the district concerned shall be eligible to membership
 
10 in the convention.
 
11      The legislature shall provide for the number of delegates to
 
12 the convention, the areas from which they shall be elected and
 
13 the manner in which the convention shall convene.  The
 
14 legislature shall also provide for the necessary facilities and
 
15 equipment for the convention.  The convention shall have the same
 
16 powers and privileges, as nearly as practicable, as provided for
 
17 the convention of 1978.
 
18                              MEETING
 
19      The constitutional convention shall convene not less than
 
20 five months prior to the next regularly scheduled general
 
21 election.
 
22                      ORGANIZATION; PROCEDURE
 
23      The convention shall determine its own organization and
 

 
Page 3                                                     
                                     S.B. NO.           2360
                                                        
                                                        

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

 
Page 4                                                     
                                     S.B. NO.           2360
                                                        
                                                        

 
 1 amendment to be submitted to the electorate.
 
 2      The revision or amendments shall be effective only if
 
 3 approved at a general election by a majority of all the votes
 
 4 [tallied] cast upon the question, this majority constituting at
 
 5 least fifty per cent of the total vote cast at the election, or
 
 6 at a special election by a majority of all the votes [tallied]
 
 7 cast upon the question, this majority constituting at least
 
 8 thirty per cent of the total number of registered voters.  Blank,
 
 9 spoiled, or invalid ballots shall not be counted as votes cast,
 
10 except that a blank vote on the revision or amendment shall not
 
11 invalidate or spoil the votes cast on the ballot on any office to
 
12 be filled or questions or issues to be voted on.
 
13      The provisions of this section shall be self-executing, but
 
14 the legislature shall make the necessary appropriations and may
 
15 enact legislation to facilitate their operation." 
 
16      SECTION 3.  The question to be printed on the ballot shall
 
17 be as follows:
 
18      "Shall ballots that are blank, spoiled, or otherwise invalid
 
19      be excluded (not counted) in determining whether the voters
 
20      of the State have:  (1) authorized the convening of a
 
21      constitutional convention; or (2) ratified a proposed
 
22      constitutional amendment?"
 
23      SECTION 4.  Constitutional material to be repealed is
 

 
Page 5                                                     
                                     S.B. NO.           2360
                                                        
                                                        

 
 1 bracketed.  New constitutional material is underscored.
 
 2      SECTION 5.  This amendment shall take effect upon compliance
 
 3 with article XVII, section 3, of the Constitution of the State of
 
 4 Hawaii.
 
 5 
 
 6                           INTRODUCED BY:  _______________________