STAND. COM. REP. NO. 1463

Honolulu, Hawaii

, 2025

RE: S.B. No. 1225

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1225 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVII, SECTION 3 OF THE HAWAII CONSTITUTION TO SPECIFY THAT THE STANDARD FOR VOTER APPROVAL OF A CONSTITUTIONAL AMENDMENT PROPOSED BY THE LEGISLATURE IS A MAJORITY OF ALL THE VOTES TALLIED UPON THE QUESTION,"

begs leave to report as follows:

The purpose of this measure is to propose an amendment to article XVII, section 3 of the Hawaii State Constitution regarding the standard for ratification of a constitutional amendment proposed by the Legislature, to require that a majority of all the votes tallied upon the question be a "yes" vote, and not include blank, spoiled, and over votes in determining whether a majority was reached.

Your Committee received testimony in support of this measure from the Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; Pride at Work - Hawaiʻi; Stonewall Caucus of the Democratic Party of Hawaiʻi; Common Cause Hawaii; and nine individuals. Your Committee received testimony in opposition to this measure from Hawaii Patriot Republicans and numerous individuals.

Your Committee finds that the amendments proposed by this measure will ensure that only definite "yes" or "no" votes are counted for constitutional amendment ballot questions, accurately reflecting voter intent and promoting a fair democratic process.

Your Committee has amended this measure by:

(1) Amending the ballot question;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1225, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1225, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair