HB2446

SECTION 1. The legislature finds that the bipartisan nature of reapportionment is crucial not only to Hawaii's open and fair system of elections, but to the very fabric of representative democracy. However, the fairness of the reapportionment process, as originally intended by the 1968 and 1978 Constitutional Conventions, has become threatened by the course of recent events. For this reason, it has become necessary to amend the Hawaii Constitution to ensure that the reapportionment process continues to be based upon equal bipartisan representation.

The Hawaii Constitution was constructed with the goal of removing politics from the process of reapportioning legislative districts. Under the initial statehood constitution, reapportionment was left to the governor. As a result, Hawaii suffered from terrible political turmoil. In response, the 1968 Constitutional Convention resolved to remove partisan politics from the reapportionment process by creating a reapportionment commission responsible for reapportioning legislative districts for both chambers of the legislature.

The reapportionment commission eliminated political machinations by harnessing bipartisanship. The selection of commission members was placed in the hands of the leaders of each of the two political parties, majority and minority, from each house of the legislature. In this way, the eight commission members were guaranteed to be equally divided in a bipartisan manner, and their selection of a ninth member as chair would be a person that could be trusted by all to be independent and fair to both sides. This bipartisan commission process worked so well, and was so well-trusted by the people of the State of Hawaii, that the 1978 Constitutional Convention added congressional districting to its responsibilities as well.

What the 1968 and 1978 Constitutional Conventions could not have foreseen was the unprecedented loss of all minority party representation in one of the two houses of the legislature. Without minority representation in one house, the reapportionment commission will lose all vestiges of the bipartisan fairness that the Hawaii Constitution was intended to create. The people of the State of Hawaii could find themselves facing the same kind of partisan gerrymandering that has affected states with winner-take-all partisan redistricting schemes.

The people of the State of Hawaii deserve a fair and bipartisan reapportionment commission. They deserve a functioning representative democracy. And they deserve a strong voice for the loyal opposition.

The purpose of this Act, therefore, is to propose an amendment to article IV, section 2, of the Constitution of the State of Hawaii to provide that when there is no qualified member of the minority party in one house, the qualified member of the minority party in the other house may make substitute appointments to the reapportionment commission or a council. The amendment further clarifies the qualifications for a selecting authority for the minority party, and clarifies the constitutional role that the supreme court must take in the process if necessary.

SECTION 2. Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"REAPPORTIONMENT COMMISSION

Section 2. A reapportionment commission shall be constituted on or before May 1 of each reapportionment year and whenever reapportionment is required by court order. The commission shall consist of nine members. The president of the senate and the speaker of the house of representatives shall each select two members. Members of each house [~~belonging to~~] elected in the previous election as members of the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission. The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the chief election officer and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairperson of the commission.

Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each basic island unit to serve on an apportionment advisory council for that island unit. The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit.

If vacancies in the commission or a council arise due to a lack of members of one house elected in the previous election as members of the party or parties different from that of the president or the speaker, the designated member of the other house so elected shall become the selecting authority for such commission and council members.

A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court[.] so as to best preserve bipartisan balance on the commission and councils.

The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law. Members of the commission shall hold office until each reapportionment plan becomes effective or until such time as may be provided by law.

No member of the reapportionment commission or an apportionment advisory council shall be eligible to become a candidate for election to either house of the legislature or to the United States House of Representatives in either of the first two elections under any such reapportionment plan.

Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.

The chief election officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services. The legislature shall appropriate funds to enable the commission to carry out its duties."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the method of selecting members of the reapportionment commission and councils be amended so as to preserve equal bipartisan representation?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2446
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII