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.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           741
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 make it unmistakably clear that blank, spoiled, or otherwise
 
 4 invalid ballots shall not be counted in any manner for purposes
 
 5 of determining whether the people have voted to hold a
 
 6 constitutional convention, or have ratified proposed amendments
 
 7 to the constitution.  The Hawaii supreme court held in 1997 that
 
 8 blank, spoiled, or invalid ballots should be counted in
 
 9 determining whether to hold a constitutional convention.  Thus
 
10 the majority of the people who voted in favor of the convention
 
11 were deemed to have been outvoted by the minority who voted "No"
 
12 combined with those who either did not vote on the question at
 
13 all or did so in an invalid manner.
 
14      SECTION 2.  Article XVII, section 2, of the Constitution of
 
15 the State of Hawaii is amended to read as follows:
 
16                    "CONSTITUTIONAL CONVENTION
 
17      Section 2.  The legislature may submit to the electorate at
 
18 any general or special election the question, "Shall there be a
 
19 convention to propose a revision of or amendments to the
 

 
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 1 Constitution?"  If any nine-year period shall elapse during which
 
 2 the question shall not have been submitted, the lieutenant
 
 3 governor shall certify the question, to be voted on at the first
 
 4 general election following the expiration of such period.
 
 5                       ELECTION OF DELEGATES
 
 6      If a majority of the [ballots] votes cast upon such a
 
 7 question be in the affirmative, delegates to the convention shall
 
 8 be chosen at the next regular election unless the legislature
 
 9 shall provide for the election of delegates at a special
 
10 election.  Ballots that are blank, spoiled, or otherwise invalid
 
11 shall not be tallied as votes cast.
 
12      Notwithstanding any provision in this constitution to the
 
13 contrary, other than Section 3 of Article XVI, any qualified
 
14 voter of the district concerned shall be eligible to membership
 
15 in the convention.
 
16      The legislature shall provide for the number of delegates to
 
17 the convention, the areas from which they shall be elected and
 
18 the manner in which the convention shall convene.  The
 
19 legislature shall also provide for the necessary facilities and
 
20 equipment for the convention.  The convention shall have the same
 
21 powers and privileges, as nearly as practicable, as provided for
 
22 the convention of 1978.
 

 
 
 
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                                     S.B. NO.741        
                                                        
                                                        

 
 1                              MEETING
 
 2      The constitutional convention shall convene not less than
 
 3 five months prior to the next regularly scheduled general
 
 4 election.
 
 5                      ORGANIZATION; PROCEDURE
 
 6      The convention shall determine its own organization and
 
 7 rules of procedure.  It shall be the sole judge of the elections,
 
 8 returns and qualifications of its members and, by a two-thirds
 
 9 vote, may suspend or remove any member for cause.  The governor
 
10 shall fill any vacancy by appointment of a qualified voter from
 
11 the district concerned.
 
12                   RATIFICATION; APPROPRIATIONS
 
13      The convention shall provide for the time and manner in
 
14 which the proposed constitutional revision or amendments shall be
 
15 submitted to a vote of the electorate; provided that each
 
16 amendment shall be submitted in the form of a question embracing
 
17 but one subject; and provided further, that each question shall
 
18 have designated spaces to mark YES or NO on the amendment.
 
19      At least thirty days prior to the submission of any proposed
 
20 revision or amendments, the convention shall make available for
 
21 public inspection, a full text of the proposed amendments.  Every
 
22 public library, office of the clerk of each county, and the chief
 

 
 
 
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                                     S.B. NO.741        
                                                        
                                                        

 
 1 election officer shall be provided such texts and shall make them
 
 2 available for public inspection.  The full text of any proposed
 
 3 revision or amendments shall also be made available for
 
 4 inspection at every polling place on the day of the election at
 
 5 which such revision or amendments are submitted.
 
 6      The convention shall, as provided by law, be responsible for
 
 7 a program of voter education concerning each proposed revision or
 
 8 amendment to be submitted to the electorate.
 
 9      The revision or amendments shall be effective only if
 
10 approved at a general election by a majority of all the votes
 
11 [tallied] cast upon the question, this majority constituting at
 
12 least fifty per cent of the total vote cast at the election, or
 
13 at a special election by a majority of all the votes [tallied]
 
14 cast upon the question, this majority constituting at least
 
15 thirty per cent of the total number of registered voters.
 
16 Ballots that are blank, spoiled, or otherwise invalid shall not
 
17 be tallied as votes cast.
 
18      The provisions of this section shall be self-executing, but
 
19 the legislature shall make the necessary appropriations and may
 
20 enact legislation to facilitate their operation."
 
21      SECTION 3.  The question to be printed on the ballot shall
 
22 be as follows:
 

 
 
 
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 1      "Shall ballots that are blank, spoiled, or otherwise invalid
 
 2      be excluded (not counted) in determining whether the voters
 
 3      of the State have:  (1) authorized the convening of a
 
 4      constitutional convention; or (2) ratified a proposed
 
 5      constitutional amendment?"
 
 6      SECTION 4.  Constitutional material to be repealed is
 
 7 bracketed.  New constitutional material is underscored.
 
 8      SECTION 5.  This amendment shall take effect upon compliance
 
 9 with article XVII, section 3, of the Constitution of the State of
 
10 Hawaii.
 
11 
 
12                           INTRODUCED BY:  _______________________