Proposes amendment to State Constitution for initiative, referendum, and recall. Requires in initiative to embrace only one subject. Sets requirements and procedures for voter referendum. Establishes procedures to be followed to require a recall election.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to propose amendments to Article II, Article III, and Article XVII, of the Constitution of the State of Hawaii to provide for the initiative, referendum, and recall.

SECTION 2. Article II of the Constitution of the State of Hawaii is amended by adding three new sections to read as follows:

The initiative measure shall be enacted into law when approved by two-thirds of votes counted for the measure. If two or more conflicting initiative measures shall be approved by the people at the same election, the measure receiving the highest number of votes shall prevail.

No initiative measure that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, shall be submitted or have any effect.

An initiative measure proposing to prohibit a specific activity or to terminate an existing right or privilege shall be submitted to the people in such form that they may vote in the affirmative if they favor the right to engage in the activity or continuance of the right or privilege.

No initiative measure shall be filed with the chief election officer which may be either similar or contrary in either form or essential substance to a bill already introduced into the legislature. If after the adjournment of the legislature sine die the bill has not become law, or does not carry over, an initiative measure of either similar or contrary form may be filed with the chief election officer for submission to the people.

If after an initiative request is made with the attorney general, any bill introduced into the legislature which may be contrary in either form or essential substance to the initiative request if enacted into law, that law and that initiative measure shall be submitted to the people in order that they may choose between them, except as provided in the last sentence of this paragraph. That contrary law shall remain in effect pending the general election ballot. The measure receiving the highest number of votes shall prevail. If the initiative measure is approved, the contrary law shall be void. If any law is enacted which is the same or similar to and accomplishes the same purpose as an initiative measure as determined by the attorney general, the chief election officer shall by a public announcement, declare the initiative measure void and order it stricken from the ballot.

A defeated initiative measure shall not be resubmitted to the people by the initiative petition in either the same form or essential substance, as determined by the attorney general, either affirmatively or negatively for a period of three years.

Prior to the circulation of any initiative petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the chief purpose and aim of the proposed measure. The title and summary shall not exceed      words.

All initiative petitions shall be submitted to the chief election officer for certification. Each sheet containing petitioners' signatures shall be attached to the title, summary and text of the initiative petition. No laws shall be enacted limiting the number of copies of a petition which may be circulated. Any registered voter of this State shall be competent to solicit signatures. The petition shall be signed by registered voters. All signers shall add their address as shown on their voter registration form and the date upon which they sign the petition. Every sheet of the petition containing signatures shall be verified by affidavit of the petition circulator that each name on the sheet was signed in the presence of the affiant and that in the belief of the affiant each signer is a registered voter of the State. The chief election officer shall certify that the signers are registered voters of this State.

The chief election officer shall not release any petition for inspection by the public or any governmental agency, except where the supreme court orders inspection of the petition when a question has been raised regarding the sufficiency of a petition. If any petition under this section has been determined to be insufficient, the petition shall be returned to the circulators within thirty days of its filing with the notations of specific insufficiencies.

Any measure under this section shall be presented to the people in such a form that a yes vote, on a yes or no ballot, shall indicate an affirmative vote for the measure as the measure is written.

The initiative measure shall be effective, if approved, one day after the election results are announced unless otherwise provided for in the measure.

The veto power of the governor shall not extend to initiative measures approved by the people. No measure enacted by the people shall be repealed or amended by the legislature unless otherwise provided in the measure; provided that the people may amend an initiative at any time.

The petitioners shall bear all cost of the preparation and circulation of the petition, except for the services performed by the attorney general under this section. After the petition has been filed with the chief election officer, all further costs shall be part of the usual expenditures of the State.

Section . Every elected public officer of the State or of any political subdivision may be removed from office at any time by the electors entitled to vote for a successor of the incumbent, through the procedure and in the manner set forth in this section. This procedure shall be known as the recall and is in addition to any other method of removal provided by law.

This section is self—executing, but the legislature may enact legislation to facilitate the operation of the section. Such legislation may not restrict or limit the provisions of this section or the powers reserved in this section.

A recall measure shall be submitted to the people for a recall vote with the signatures of registered voters of not less than one-third of all votes cast for all candidates for the office subject to recall at the preceding general election preceding the filing of the recall petition. In districts in which the people cast their votes for multiple representation in a particular office in that district, the total votes cast for all candidates for that office in the last general election shall be divided by the number of persons in that particular office to obtain the number of signatures needed. Only those registered voters who are entitled to cast votes for the officer named on the recall petition shall be qualified to sign the recall petition and to vote at the recall election. The recall petition shall state the reason for the recall vote. Unresponsiveness to the needs of the officer’s constituents shall be adequate reason for the recall of any elected officer.

No recall petition shall be filed against any elected officer until more than six months of the officer’s term of office has been served. No recall petition shall be filed within six months of a primary election in which an elected officer is required to seek nomination for reelection. If a recall petition is against an elected officer whose term of office expires at a general election after a forthcoming primary election and the petition is filed not more than       days and not less than ninety days prior to such primary election, the chief election officer shall cause the recall measure to be submitted to the people at that general election. All other recall measures shall cause a recall special election to be proclaimed by the chief election officer between       and       days after the petition has been determined to be sufficient.

The governor shall appoint another officer to fulfill the duties of the chief election officer when a recall petition which is against the lieutenant governor has been requested and the title and summary prepared by the attorney general.

A recall shall be approved by two-thirds of the votes cast indicating yes or no thereon but not including blank ballots. Any vacancy which may be created shall be filled as prescribed by law.

If a recall vote fails to recall the affected officer, the affected officer shall not be subjected to another recall vote for the remainder of the term of office to which the officer was elected to serve.

Prior to the circulation of any recall petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the chief purpose and aim of the proposed measure within seven business days. The title and summary shall not exceed       words.

All recall petitions shall be submitted to the chief election officer or the chief election officer’s substitute for certification when the lieutenant governor is the subject of the recall. Each sheet containing petitioners’ signatures shall be attached to the title, summary and test of the recall petition. No laws shall be enacted limiting the number of copies of a petition which may be circulated. Any registered voter of this State shall be competent to solicit signatures. No person circulating a petition shall be eligible to receive any compensation for services as a petition circulator. All signers shall add their address as shown on their voter registration form, their social security number and the date upon which they sign the petition. When less than five thousand signatures are required on the petition, the petition circulators shall have sixty days in which to obtain the required number of signatures of qualified voters; when between five thousand and ten thousand signatures are required, the petition circulators shall have ninety days; when between ten thousand and fifty thousand signatures are required, the petitions circulators shall have one hundred twenty days; when between fifty thousand and one hundred thousand signatures are required, the petition circulators shall have one hundred sixty days; and when more than one hundred thousand signatures are required, the petition circulators shall have one hundred eighty days.

Every sheet of the petition containing signatures shall be verified by affidavit of the petition circulator that each name on the sheet was signed in the presence of the affiant and that in the belief of the affiant each signer is a registered voter of the State and of the affected political subdivision or district in the case of the recall petition when so limited. The chief election officer shall certify that the signers are registered voters of this State and of the affected political subdivision or district in the case of the recall petition when so limited.

The chief election officer shall release any petition for inspection by the public or any governmental agency when a question has been raised regarding the sufficiency of a petition. If any petition under this section has been determined to be insufficient, the petition shall be returned to the circulators within sixty days of its filing with the notations of specific insufficiencies. Petition circulators shall have additional time in which to correct the specific insufficiencies of a petition, in accordance with the provisions of this section governing the amount of time allowed to obtain petitioners’ signatures.

Any measure under this section shall be presented to the people in such a form that a yes vote, on a yes or no ballot, shall indicate an affirmative vote for the measure as the measure is written.

The recall measure shall be effective, if approved, one day after the election results are announced unless otherwise provided for in the measure.

The petitioners shall bear all costs of the preparation and circulation of the petition, except for the services performed by the attorney general under this section. After the petition has been filed with the chief election officer, all further costs shall be part of the usual expenditures of the State.

Section . The referendum power is reserved to the people. Under this power registered voters of not less in number than twenty percent of all votes cast for all candidates for governor at the general election preceding the filing of the referendum petition shall order the submission to the people for the approval, amendment or repeal of any law, section or part thereof, except for laws relating to taxes, bonds, or other forms of revenue.

A referendum petition shall be filed with the chief election officer not later than ninety days prior to the general election at which it is to be submitted to the people. When a referendum is filed against a law or portion thereof, the law shall remain in effect until the referendum is enacted.

The referendum shall be approved by two-thirds of votes cast thereon.

If after a referendum petition has been filed with the chief election officer and the law subject to the referendum petition is either repealed or amended by the legislative process in any manner so that in the opinion of the attorney general it differs from the referendum measure, both the repealed or amended law and the referendum measure shall be submitted to the people so that they may choose between them, except as provided by the last sentence of this paragraph. The measure receiving the highest number of votes shall prevail. If a law is either repealed or amended so that it is the same as or similar to and accomplishes the same purpose as the referendum measure as determined by the attorney general, the chief election officer shall declare the referendum measure void and order it stricken from the ballot by public announcement. A petitioner whose petition is voided by a determination of the attorney general may appeal that determination to the supreme court.

A defeated referendum measure shall not be resubmitted to the people in either the same form or essential substance, as

Prior to the circulation of any referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the chief purpose and aim of the proposed measure. The title and summary shall not exceed three hundred fifty words.

All referendum petitions shall be submitted to the chief election officer for certification. Each sheet containing petitioners’ signatures shall be attached to the title, summary and text of the referendum petition. No law shall be enacted limiting the number of copies of a petition which may be circulated. Any registered voter of this State shall be competent to solicit signatures. The petition shall be signed by registered voters. All signers shall add their address as shown on their voter registration form and the date upon which they sign the petition. Every sheet of the petition containing signatures shall be verified by affidavit of the petition circulator that each name on the sheet was signed in the presence of the affiant and that in the belief of the affiant each signer is a registered voter of the State. The chief election officer shall certify that the signers are registered voters of this State.

The chief election officer shall release any petition for inspection by the public or any governmental agency when a question has been raised regarding the sufficiency of a petition. If any petition under this section has been determined to be insufficient, the petition shall be returned to the circulators within thirty days of its filing with the notations of specific insufficiencies.

Any measure under this section shall be presented to the people in such a form that a yes vote, on a yes or no ballot, shall indicate an affirmative vote for the measure as the measure is written.

The referendum measure shall be effective, if approved, one day after the election results are announced unless otherwise provided for in the measure.

The veto power of the governor shall not extend to referendum measures approved by the people. No measure enacted by the people shall be repealed or amended by the legislature unless otherwise provided in the measure, or that which shall be submitted to a referendum.

The petitioners shall bear all costs of the preparation and circulation of the petition, except for the services performed by the attorney general under this section. After the petition has been filed with the chief election officer, all further costs shall be part of the usual expenditures of the State."

SECTION 3. Article III, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

Section 1. The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives[. Such power] but the people reserve to themselves the powers of initiative and referendum as set forth in Article , Sections and . The legislative power and the powers of initiative and referendum shall extend to all rightful subjects of legislation not inconsistent with this constitution or the constitution of the United States."

SECTION 4. Article III, section 14, of the Constitution of the State of Hawaii is amended to read as follows:

Section 14. No law shall be passed by the legislature except by bill. Each law shall embrace but one subject, which shall be expressed in its title. The enacting clause of each law shall be, "Be it enacted by the legislature of the State of Hawaii"."

SECTION 5. Article XVII, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

Section 1. Revisions of or amendments to this Constitution may be proposed by constitutional convention [or], by the legislature[.] or by the people under Article , Section      ."

SECTION 6. Article XVII, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

Section 4. No proposal for amendment of the constitution adopted in either manner provided by this article or by Article    , Section    , shall be subject to veto by the governor."

SECTION 7. Article XVII, section 5, of the Constitution of

Section 5. If a revision or amendment proposed by a constitutional convention is in conflict with a revision or amendment proposed by the legislature and both are submitted to the electorate at the same election and both are approved, then the revision or amendment proposed by the convention shall prevail. If a revision or amendment proposed by the legislature is in conflict with the revision or amendment proposed by the people under Article , Section , and both are approved, then the revision or amendment receiving the highest number of votes shall prevail. If conflicting revisions or amendments are proposed by the same body, or by the people under Article , Section , and are submitted to the electorate at the same election and both are approved, then the revision or amendment receiving the highest number of votes shall prevail."

SECTION 8. The questions to be printed on the ballot shall be as follows:

SECTION 9. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 10. These amendments shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.