HOUSE OF REPRESENTATIVES	H.B. NO.	1420
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

PROPOSING TO AMEND SECTIONS OF ARTICLE V OF THE HAWAII STATE CONSTITUTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Hawaii is one of only eight states in which the candidates for both governor and lieutenant governor are subject to joint general elections but separate primary elections. The legislature believes that as the lieutenant governor serves as a potential source of guidance and support for the governor, a more cohesive relationship between the two officers would enhance the productivity of the state government.

The legislature finds that this cohesive relationship would be achieved by amending the Constitution of the State of Hawaii to require each political party's gubernatorial nominee to choose a running mate who would become the party's nominee for lieutenant governor. The legislature acknowledges, however, that if this proposed amendment is made, another constitutional amendment should also be made to require a special election for the offices of the governor and lieutenant governor if the office of the governor becomes vacant. This latter amendment is necessary to ensure that the people of the State will have sufficient opportunity to evaluate the merits of the next governor.

The purpose of this Act is to propose to amend Article V, sections 2 and 4 of the Constitution of the State of Hawaii to achieve the ends described above.

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

"LIEUTENANT GOVERNOR

Section 2. There shall be a lieutenant governor who shall have the same qualifications as the governor. The lieutenant governor shall be elected at the same time[,] and for the same term [and in the same manner] as the governor; provided that following the primary election, the candidate of each political party for the office of governor shall appoint a person from the same political party to be the candidate of that party for lieutenant governor; provided further that the votes cast in the general election for the nominee for governor shall be deemed cast for the nominee for lieutenant governor [of] from the same political party. No person shall be elected to the office of lieutenant governor for more than two consecutive full terms. The lieutenant governor shall perform such duties as may be provided by law."

SECTION 3. Article V, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"[SUCCESSION TO GOVERNORSHIP;] ABSENCE OR

DISABILITY OF GOVERNOR; VACANCY; SPECIAL ELECTION

Section 4. [When the office of governor is vacant, the lieutenant governor shall become governor.] In the event of the absence of the governor from the State, or the governor's inability to exercise and discharge the powers and duties of the governor's office, such powers and duties shall devolve upon the lieutenant governor during such absence or disability. When the office of the governor is vacant, the powers and duties of the office shall temporarily devolve upon the lieutenant governor to the same extent that applies during a governor's absence or disability; provided that if more than days remain in the gubernatorial term, the State shall conduct a special election no later than ninety days after the date of the vacancy for the purpose of electing candidates to hold the offices of the governor and the lieutenant governor for the remainder of the gubernatorial term. The votes cast in the special election for a candidate for governor shall be deemed cast for the candidate's choice for lieutenant governor. The candidates elected to the office of the governor and the office of the lieutenant governor shall assume their respective offices on the date of the certification of the results of the election.

When the office of lieutenant governor is vacant, or in the event of the absence of the lieutenant governor from the State, or the lieutenant governor's inability to exercise and discharge the powers and duties of the lieutenant governor's office, such powers and duties shall devolve upon such officers in such order of succession as may be provided by law.

In the event of the impeachment of the governor or of the lieutenant governor, the governor or the lieutenant governor shall not exercise the powers of the applicable office until acquitted."

SECTION 4. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to have the nominee for lieutenant governor be appointed by a gubernatorial nominee, following the primary election, for the same term and from the same political party as the gubernatorial nominee, rather than be nominated in a separate election; and that when the office of the governor is vacant, the lieutenant governor shall temporarily have the powers and duties of the office, rather than become governor; provided that if more than days remain in a vacated gubernatorial term, a special election shall be conducted to elect a governor and lieutenant governor, who shall hold their offices from the date of the certification of the special election results to the end of the vacated gubernatorial term?"

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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Report Title:

Constitutional Amendment; Governor; Lieutenant Governor; Appointment; Elections; Vacancies

Description:

Proposes an amendment to article V, section 2, of the Hawaii State Constitution to require that each gubernatorial nominee appoint a person from the same political party to be a running mate for Lieutenant Governor in the general election. Proposes an amendment to article V, section 4, of the Constitution to provide when the office of the governor is vacant, the Lieutenant Governor shall temporarily have the powers and duties of the office; provided that if a certain number of days remain in the gubernatorial term, a special election shall elect a Governor and Lieutenant Governor, who shall serve from the date of the certification of the special election results to the end of the vacated term.

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