SB2616

SECTION 1. In 2008, a question will be placed on the general election ballot asking voters whether a constitutional convention should be held to revise or amend the Constitution of the State of Hawaii.

In an effort to educate voters prior to voting on this question, the legislature finds that providing information such as when the election would be held, the number of delegates to the convention, and the cost of the convention, will help to facilitate well informed decisions when people go to vote.

The purpose of this Act is to provide the framework for a constitutional convention should voters decide a constitutional convention should be held to revise or amend the Constitution of the State of Hawaii.

SECTION 2. Election of delegates. The chief election officer shall issue a proclamation ordering an election which shall be held on August , 2009, for the special election of delegates to a constitutional convention, provided that the election day shall not be a holiday, notwithstanding the provisions of section 8-1, Hawaii Revised Statutes.

The special election shall be conducted through the mail by a mail-in balloting system to be determined by the chief elections officer.

Except as otherwise provided for by this Act, the candidates for delegates shall be nominated and their filing fees paid, the special election conducted, the returns made and results ascertained, and the certificates of election issued in the same manner as prescribed by chapter 11, Hawaii Revised Statutes, governing general elections, except that there shall be no primary election.

Any person who is registered as a duly qualified elector shall be eligible to vote in these elections, and on the day of the election shall be entitled to be absent from any service or employment in which the person is then engaged or employed, pursuant to the provisions of section 11-95, Hawaii Revised Statutes. The general county register shall be closed before the election in the manner set forth in section 11-24, Hawaii Revised Statutes, for special elections.

Each candidate shall be a qualified elector of the constitutional convention district in which the person is a candidate for delegate. The name of no candidate shall be printed upon any official ballot to be used at the special election unless at least thirty days prior to the special election, a nomination paper has been filed on the candidate's behalf as provided in part I of chapter 12, Hawaii Revised Statutes, signed by not less than fifteen qualified electors of the constitutional convention district in which they are a candidate. There shall be deposited with each nomination paper a fee of $ which shall be paid into the state treasury. The chief election officer shall provide appropriate nomination papers.

No nomination paper shall contain any reference to or designation of any political party, and the ballots used at the special election shall be nonpartisan and shall not contain any reference to or designation of the political party or affiliation of any candidate. The names of the candidates in each constitutional convention district shall be listed in alphabetical order on the ballot.

Each voter at the special election shall be entitled to receive a ballot notwithstanding section 12-31, Hawaii Revised Statutes.

The ballots submitted to the voters of each constitutional convention district shall instruct the voters of each constitutional convention district that the number of candidates to be voted for by the voter shall not exceed the number of delegates to which the constitutional convention district is entitled. The candidates receiving the highest number of votes in the election, not to exceed the number of delegates to which the respective district is entitled, shall be elected as delegates to the convention.

The governor shall fill any delegate vacancy by appointing a qualified voter from the constitutional convention district in which the vacancy occurs.

The constitutional convention shall consist of 102 delegates, with two delegates elected from each of the existing representative districts in the State.

SECTION 3. Convening of convention. The delegates to the constitutional convention shall meet in Honolulu on the 1st day of September 2009, at a suitable place designated by the governor. The delegate with the highest number of votes from the first representative district shall serve as temporary chairperson.

SECTION 4. Powers. In addition to is inherent powers under the state constitution, the constitutional convention may exercise the powers of the legislative committees as provided for by chapter 21, Hawaii Revised Statutes, and may appoint staff members without regard to chapter 76, Hawaii Revised Statutes, and contract for the legal and consultative services of qualified persons as may be required.

Officers and employees of the State shall have the same duty to the convention as prescribed in section 21-16, Hawaii Revised Statutes, with respect to legislative committees.

SECTION 5. Immunity. Delegates to the convention shall in all cases, except for felony or breach of the peace, be privileged from arrest during attendance at the constitutional convention and in going to and returning from the constitutional convention.

SECTION 6. Salaries and allowances for delegates. Delegates to the convention shall be entitled to a salary of $ a month, but no more than $ a month for the convention, plus an allowance of $ per diem for Oahu delegates and $ per diem for neighbor island delegates.

A State or county employee who is elected and who serves as a delegate shall be granted a leave of absence without pay, or shall be entitled to accumulated vacation leave in lieu of the delegate's salary, from the day after the election until the constitutional convention adjourns. Any state or county employee who elects to take a leave of absence without pay shall be entitled to a delegate's salary as provided and shall not suffer any loss of seniority.

SECTION 7. Ratification of election. Unless the convention determines otherwise, any constitutional revision or amendment proposed by the constitutional convention shall be submitted to the electorate at the general election of November 2010.

SECTION 8. Appropriations. (a) There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to the office of the governor, or to the officers elected by the delegates if so designated by the governor, for defraying the pre-session, session, and post-session expenses of the constitutional convention, including the payment of compensation to the delegates to the constitutional convention, and for such other expenses or purposes pursuant to this Act as may be necessary.

The sum appropriated shall be expended by the office of the governor for the purposes of this Act.

(b) There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to the office of elections for the purpose of conducting the election of delegates to the constitutional convention.

The sum appropriated shall be expended by the office of elections for the purposes of this Act.

(c) There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to the campaign spending commission for the purpose of supervising campaign contributions and expenditures.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

(d) There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to the legislative reference bureau for expenses of providing the necessary services and assistance for the constitutional convention, including the updating of the Hawaii constitutional conventions studies, conducting a citizen education program, and providing staff services to the constitutional convention.

The sum appropriated shall be expended by the legislative reference bureau for the purposes of this Act.

(e) There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to the office of the legislative auditor for the preparation and publication of a taxation and finance manual for the constitutional convention.

The sum appropriated shall be expended by the office of the legislative auditor.

SECTION 9. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 10. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2616
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII