Hawaii Constitutional Convention Question (2018)

Elections in Hawaii, 2018

* General election: Nov. 6
* Voter registration deadline: Oct. 9
* Early voting: Oct. 23 - Nov. 3
* Absentee voting deadline: Nov. 6

* Online registration: Yes
* Same-day registration: Yes
* Voter ID: Non-photo ID
* Poll times: 7:00 a.m. to 6:00 p.m.

* * *

On the ballot: U.S. Senate • U.S. House • Governor • Lt. Gov • State executive offices • State Senate • State House • State ballot measures • Local ballot measures • Municipal • Democratic primaries • Republican primaries

Hawaii Constitutional Convention Question

Election date
November 6, 2018
Topic
Constitutional conventions
Status
d Defeated
Type
Automatic referral| Origin
Dictated by law

* * *

List of Hawaii measuresHawaii Constitutional Convention QuestionSubmit

* * *

A Hawaii Constitutional Convention Question was on the ballot in Hawaii as an automatic ballot referral on November 6, 2018. It was defeated.  |  A "yes" vote supported holding a constitutional convention to explore proposals for changes to the state constitution.

|

|  A "no" vote opposed holding a constitutional convention to explore proposals for changes to the state constitution.

|

## Contents

* 1 Election results
* 2 Overview
* 2.1 What is a constitutional convention?
* 2.2 Past questions to call for a convention
* 2.3 Timeline for a constitutional convention
* 2.4 What kinds of amendments came out of past conventions?
* 2.5 Campaigns supporting and opposing the Constitutional Convention Question
* 3 Measure design
* 3.1 The 2018 convention question
* 3.2 Holding a constitutional convention
* 3.2.1 Timeline
* 3.2.2 Delegate selection and qualifications
* 4 Text of measure
* 4.1 Ballot question
* 4.2 Readability score
* 5 Support
* 5.1 Arguments
* 6 Opposition
* 6.1 Opponents
* 6.2 Arguments
* 6.3 Campaign advertisements
* 7 Media editorials
* 7.1 Support
* 7.2 Opposition
* 8 Polls
* 9 Campaign finance
* 9.1 Support
* 9.2 Opposition
* 9.2.1 Top donors
* 9.3 Methodology
* 10 Background
* 10.1 Past questions to call for a constitutional convention
* 10.2 Constitutional convention of 1978
* 10.2.1 Financing the 1978 convention
* 10.2.2 Amendments proposed by the 1978 convention
* 10.3 Constitutional convention of 1968
* 10.3.1 Amendments proposed by the 1968 convention
* 10.4 Constitutional convention of 1950
* 11 Path to the ballot
* 12 Related measures
* 12.1 Constitutional convention questions in Hawaii
* 13 See also
* 14 External links
* 15 Recent news
* 16 Footnotes

## Election results[edit]

Hawaii Constitutional Convention Question

Result | Votes | Percentage
Yes | 94,579 | 25.57%

| 275,300 | 74.43%

Results are officially certified.
Source

## Overview[edit]

### What is a constitutional convention?[edit]

A constitutional convention is a meeting of elected delegates who propose amendments to or rewrite the state constitution. Proposals developed at a convention are then put on a ballot for voter consideration, and are adopted and added to the constitution only if approved by voters.

### Past questions to call for a convention[edit]

A constitutional convention happened in Hawaii in 1950 for the purpose of drafting a state constitution so that Hawaii could be admitted as a U.S. state. Six constitutional convention questions have been presented to Hawaiian voters from 1966 onward. Two of them were approved and resulted in the 1968 and 1978 conventions being held. The  convention question of 1986 was defeated. The 1996 constitutional convention question was considered to be approved at first, but due to a situation in which many voters left their ballots blank when answering the question, the Hawaii Supreme Court ruled that the question had actually not passed, and therefore no convention was held. The convention question of 1998 was defeated, as was the convention question of 2008. The 2018 question was referred as an automatic ballot referral. The Hawaii Constitution stipulated that a constitutional convention question must be submitted to voters automatically if a nine-year period elapses without such a submission taking place already (i.e. without the legislature referring a constitutional convention question to the ballot).

### Timeline for a constitutional convention[edit]

### What kinds of amendments came out of past conventions?[edit]

Subjects of amendments from the 1968 and 1978 constitutional conventions included redistricting, trials, civil rights, campaigns, government finance, welfare, education, resources, administration of government, elections, and more. The convention of 1968 proposed 23 amendments and all but one were approved. The convention of 1978 proposed 34 amendments and all were approved.

### Campaigns supporting and opposing the Constitutional Convention Question[edit]

One committee, Preserve Our Hawaii, registered to oppose the measure. Together, the committees had raised $740,000 and had spent $662,530. The largest donor was the Hawaii Government Employees Association (HGEA) which contributed $290,000. Ballotpedia did not identify any committees registered to support the Hawaii Constitutional Convention Question.[1] The HGEA Ballot Issue Account was registered to oppose the measure, though Ballotpedia tracked it as a donor to Preserve Our Hawaii rather than a separate committee.

## Measure design[edit]

### The 2018 convention question[edit]

Section 2 of Article XVII of the Hawaii Constitution stipulated that a constitutional convention question must be submitted to voters automatically if a nine-year period elapses without such a submission taking place already (i.e. without the legislature referring a constitutional convention question to the ballot). The state Constitution said that "if any nine-year period shall elapse during which the question shall not have been submitted, the lieutenant governor shall certify a constitutional convention question, to be voted on at the first general election following the expiration of such period." Therefore, this constitutional convention question was automatically certified for the 2018 ballot, since the allotted nine-year time period elapsed in 2017.

### Holding a constitutional convention[edit]

If voters approved the ballot question and voted to hold a constitutional convention, the delegates to the convention would have been chosen at the next regular election unless the state legislature called for a special election for them. The process of delegate selection and convention processes would have been up to the state Legislature, but Section 2 of Article XVII stipulated that the convention must follow the process used for the 1978 convention as close as possible. In 1976, after the call for a constitutional convention was approved by voters, the legislature passed an Act in 1977 which provided for the framework of holding a convention including the election of delegates, convention finances, and other preparations.[2] The 1978 convention had the power to do the following:[2]

* Organize and develop its rules of procedure;
* Judge the elections, returns, and qualifications of its members;
* Suspend or remove its members for cause; and
* Provide for the submission of its work to the electorate.

#### Timeline[edit]

Below is a chart depicting the constitutional convention process in Hawaii for 2018.[3]If voters approved the ballot question and voted to hold a constitutional convention, the delegates to the convention would have been chosen at the next regular election unless the state legislature called for a special election for them. The date for choosing delegates was estimated as being in May or June of 2020, based on the last two special elections held for constitutional convention delegates which were held on June 1, 1968, and May 20, 1978.

The convention would have been allowed to gather not less than five months before the next general election, which meant the latest the convention could have gathered was June 2, 2020, which was five months prior to the November 3, 2020, general election. The latest date the convention could adjourn was October 4, 2020, since the convention would have been required publish all proposed amendments at least 30 days before the November 3, 2020, election. The 1968 convention lasted from July 15, 1968, to October 21, 1968, a total of 98 calendar days. The 1978 constitutional convention lasted from July 5, 1978, to September 21, 1978, a total of 78 days.[4]

Any constitutional amendments or revisions proposed would have only taken effect after being submitted to voters at the November 2020 general election and approved by a majority (50 percent plus one) of all votes cast on the question.[3]

#### Delegate selection and qualifications[edit]

Section 2 of Article XVII stated that "any qualified voter of the district concerned shall be eligible for membership in the convention." The state Legislature was responsible for the number of delegates that will be elected to the convention and the areas and districts they are elected from. Also according to the constitution, the convention had the authority to determine its own organization and rules of procedure. The convention would have had the power to suspend or remove any member for cause by a two-thirds vote. Any vacancies in the convention would have been filled through the governor's appointment of a qualified voter from the district concerned.

Candidates for delegate to the 1978 convention had to be United States citizens, be at least 18 years of age, and be a qualified elector of the district or combination of precincts in which running as a candidate. Candidates for delegate to the 1968 convention were subject to the same requirements, but the minimum age was 20 years instead of 18, and they had to be able to speak, read, and write English or Hawaiian. In both the 1968 and 1978 conventions, state and county officers, employees, and legislators, were not barred from being a delegate to the convention. In the 1968 convention, 42 of the 82 delegates were incumbent or ex-legislators.[5][3]

Eighty-two delegates to the 1968 convention were chosen at a special election on June 1, 1968. The 102 delegates to the 1978 convention were chosen at a special election on May 20, 1978. Elections to the convention are nonpartisan elections.[2]

## Text of measure[edit]

### Ballot question[edit]

The ballot question was as follows:[6][7]

“  |

Shall there be a convention to propose a revision of or amendments to the Constitution?[8]

|  ”

|
|

### Readability score[edit]

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The ballot language was set by the state constitution.

The FKGL for the ballot title is grade level 10, and the FRE is 51. The word count for the ballot title is 15, and the estimated reading time is 4 seconds. The FKGL for the ballot summary is grade level N/A, and the FRE is N/A. The word count for the ballot summary is N/A, and the estimated reading time is N/A.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

## Support[edit]

* Sen. Laura Thielen (D-25)[9]

### Arguments[edit]

* Sen. Laura Thielen (D-25) said, "With a ConCon, you can deal with a problem like housing for local residents in a very holistic manner that you can't currently under legislator or city council because they're dealing with a whole host of other issues."[9]

* Peter Adler organized a "Con-Con Salon," a series of conferences discussing the potential 2019 Hawaii constitutional convention. Writing in the Honolulu Civil Beat, Adler noted the following arguments in support of holding a constitutional convention:[10]

“  |

A con con in 2019 has the potential to:

* redefine, restructure and streamline the role of state government, devolve authority, increase accountability and reduce costs;
* rekindle and spark improved citizen participation. It may get people engaged, create needed conversations and offer more direct involvement in the exercise of democracy;
* reaffirm old values with the use of new technologies; and
* spark a new generation of political leaders.[8]

|  ”

|
|

## Opposition[edit]

Preserve Our Hawaii- Don't be ConConned led the campaign in opposition to the measure.

### Opponents[edit]

Following is a list of organizations that had endorsed the Preserve Our Hawaii campaign or otherwise indicated opposition toward the Constitutional Convention Question:[11][12]

* Hawaii Government Employees Association
* Chamber of Commerce of Hawaii
* Sierra Club of Hawaii
* ACLU of Hawaii
* Hawaii Democratic Party
* Academic Labor United
* Council for Native Hawaiian Advancement
* District 50 International Union of Painters and Allied Trades
* Friends of Lanai
* Hawaii Firefighters Association
* Hawaii Government Employees Association
* Hawaii Laborers & Employers Cooperation and Education Trust Fund
* AFL-CIO of Hawaii
* Hawaii's Thousand Friends
* Hawaii State Teachers Association
* International Association of Machinists and Aerospace Workers
* International Longshore and Warehouse Union - Hawaii
* International Organization of Masters Mates and Pilots
* International Union of Operating Engineers - Local 3
* Laborers' International Union of North America – Local 368 Hawaii
* Marine Engineers' Beneficial Association
* Marine Firemen's Union
* Maritime Trades Department, AFL-CIO - Hawaii Ports Maritime Council
* Pride at Work Hawaii
* Sailors' Union of the Pacific
* State of Hawaii Organization of Police Officers
* United Public Workers Hawaii
* University of Hawaii Professional Assembly

### Arguments[edit]

* Preserve Our Hawaii argued, "A ConCon will cost an estimated $55 million, money that could be spent on badly needed repairs to Hawaii's infrastructure and other needs. As one of the nation’s most progressive Constitutions, we have a lot to lose from mainland special interest groups pouring money in to advance their agendas. A ConCon opens the entire Constitution to changes that could weaken rights and protections including those for the environment, civil rights, Native Hawaiian rights, collective bargaining, public employee pensions and health care and more. Who will be delegates? How will they be chosen? How long will the convention take? Why now? If there isn't a good reason to have a ConCon, why should we?"[13]

* Joshua Wisch, Executive Director at the American Civil Liberties Union, said, "There are things that are in the constitution right now, such as the right to privacy, equal rights amendment—which has never been ratified to the US Constitution, even the right against being imprisoned for owing debt that is currently and explicitly in our state constitution. The problem is, you never know whats going to come out of a Constitutional Convention and too risky to put all of those rights at risk."[9]

* Peter Adler organized a "Con-Con Salon," a series of conferences discussing the potential 2019 Hawaii constitutional convention. Writing in the Honolulu Civil Beat, Adler noted the following arguments in opposition to holding a constitutional convention:[10]

“  |

On the other hand, a new con con creates dangers. It could potentially:

* be hijacked or captured by entrenched interests, some supported by offshore political groups;
* erode some of the gains achieved in 1968 and 1978: Native Hawaiian rights; land and water rights; collective bargaining; and others;
* reignite old culture wars about same sex marriage, reproductive rights, death with dignity, locals vs. mainlanders, Hawaiians vs. haoles;
* defeat the emergence of a new political generation if it comes to be dominated by current politicians and officeholders; and
* be a waste of time since the bar for passing any measures that come from a con con were made impossibly high by the Legislature after 1978.[8]

|  ”

|
|

### Campaign advertisements[edit]

The following videos were released by Preserve Our Hawaii.[14]

Title: "Drive Home"

Title: "Pocket"

## Media editorials[edit]

See also: 2018 ballot measure media endorsements

### Support[edit]

* The Honolulu Civil Beat said: "The last time Hawaii had a con-con was in 1978, and it was a watershed moment. It led to the establishment of the Office of Hawaiian Affairs and other far-reaching changes in state governance. If lawmakers continue to ignore the popular will on key issues, the people can take matters into their own hands in November. A recent Civil Beat Poll found two-thirds of registered Hawaii voters want another con-con. They also want citizen initiative, referendum and recall; term limits for legislators; a statewide lottery; all-mail voting; and medical aid in dying. Frankly, it may be time for another constitutional convention even if legislators finally act on the aforementioned issues next session. An argument can be made that the state government is in need of a good shakeup after inadequately addressing massive problems such as the housing shortage and homelessness. But if lawmakers again fail to do the public’s bidding, that just might seal the deal."[15]

* West Hawaii Today said: "Hawaii voters have a rare opportunity this election to take control of their government. Not by selecting the lawmaker a voter thinks will best represent him or her — though there’s always that option, too — but by sidestepping the establishment and diving directly into legislating. Chad Blair, Ph.D., a politics and opinion editor for Civil Beat on Oahu, said, 'It’s putting the power back in your hands. Because you’re not satisfied with what the Legislature is doing.' Agreed. Which is why we urge voters to vote yes on holding a constitutional convention."[16]

### Opposition[edit]

Ballotpedia did not find any media editorial boards opposing the constitutional convention. If you are aware of an editorial, please email it to editor@ballotpedia.org.

## Polls[edit]

See also: Ballotpedia's approach to covering polls

In a May 2018 Civil Beat poll, a random sample of 967 registered voters statewide were asked the following question:[17]

“  |

Every 10 years, Hawaii voters have the opportunity to call for a state constitutional convention. A constitutional convention would give Hawaii's voters a chance to amend the state constitution without going through the legislature. The last time voters chose to hold a constitutional convention was in 1978. Whether or not to hold a new constitutional convention will be on the ballot again in 2018.

If it passes in 2018, voters will elect delegates, and the delegates will meet, and may recommend changes to the state constitution. Any changes the convention recommends would then go to Hawaii's voters to either ratify or reject. Based on the information you have heard, would you support or oppose holding a constitutional convention in Hawaii?[8]

|  ”

|
|

Of the 967 respondents, 523 (or 54%) supported holding a constitutional convention. Only 194 of 967 respondents (20%) opposed holding a convention, while 164 respondents said they needed more information. Nine respondents said it didn't matter to them, and 77 said they weren't sure.

Holding a Constitutional Convention in Hawaii

Poll | Support | Oppose| Need more information| Doesn't matter to me| Not sure| Margin of error| Sample size
Civil Beat Poll
5/3/18 - 5/5/18 | 54%| 20%| 17%| 1%| 8%| +/-3.2| 967
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

## Campaign finance[edit]

See also: Campaign finance requirements for Hawaii ballot measures
Total campaign contributions:

Support: |  $0.00
Opposition: |  $740,000.00

One committee, Preserve Our Hawaii, registered to oppose the measure. Together, the committees had raised $740,000 and had spent $662,530. The largest donor was the Hawaii Government Employees Association (HGEA) which contributed $290,000. Ballotpedia did not identify any committees registered to support the Hawaii Constitutional Convention Question.[1] The HGEA Ballot Issue Account was registered to oppose the measure, though Ballotpedia tracked it as a donor to Preserve Our Hawaii rather than a separate committee.

### Support[edit]

Ballotpedia did not identify any committees registered in support of the measure.[1]

### Opposition[edit]

| Committees in opposition to Hawaii Constitutional Convention Question

Opposing committees| Cash contributions| In-kind services| Cash expenditures
Preserve our Hawaii| $740,000.00| $0.00| $662,529.51
Total| $740,000.00| $0.00| $662,529.51
| Totals in opposition

Total raised:| $740,000.00
Total spent:| $662,529.51

#### Top donors[edit]

Donor  |  Cash  |  In-kind  |  Total

|
|
|

Hawaii Government Employees Association  |  $290,000.00  |  $0.00  |  $290,000.00
National Education Association  |  $250,000.00 |  $0.00  |  250,000.00
University of Hawaii Professional Assembly  |  $100,000.00  |  $0.00  |  $100,000.00
HSTA For Schools Our Keiki Deserve  |  $50,000.00  |  $0.00  |  $50,000.00
Hawaii Fire Fighters Association  |  $25,000.00  |  $0.00  |  $25,000.00

### Methodology[edit]

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

## Background[edit]

### Past questions to call for a constitutional convention[edit]

Since Hawaii became a U.S. state, two constitutional conventions have been held: one in 1968, and another in 1978. Hawaii also held a constitutional convention in 1950, nine years before it was granted statehood on August 21, 1959. The 1950 convention was called for by the territory's legislature and convened in order to draft a state constitution for Hawaii so that Hawaii could be admitted to the union on equal footing with the other U.S. states. Sixty-three delegates were elected to be members of the convention.

The chart below shows previous questions calling for a constitutional convention and whether they were approved or rejected by voters. Approval of a constitutional convention question does not always result in a constitutional convention being held. This happened in 1996 when a constitutional convention question was narrowly approved, but many voters left their ballots blank when answering the question. Consequently, there were more "yes" votes than "no" votes when examining non-blank answers, but it was difficult to determine whether "yes" votes held a true majority. The issue of whether the measure passed went through several rounds of litigation in federal court, but the state legislature submitted another constitutional convention in 1998 before the litigation process was completed. Voters defeated the 1998 question, with almost 60 percent deciding "no."

Measure  |  Convention held  |  Outcome

|
|

Hawaii Constitutional Convention, Amendment 2 (1976) |  Yes, held in 1978  |  a
Hawaii Convene a Convention for Constitutional Proposals, Amendment D (1986) |  No  |  d
Hawaii Constitutional Convention (1996) |  No, stalled by litigation  |  a
Hawaii Constitutional Convention Question (1998) |  No  |  d
Hawaii Constitutional Convention, Question 1 (2008) |  No  |  d

### Constitutional convention of 1978[edit]

The last Hawaii constitutional convention was held in 1978. The  question calling for the convention was on the November 2, 1976, general election ballot in Hawaii where it was approved in a vote of 199,831 to 69,264. The 102 delegates to the 1978 convention were chosen at a special election on May 20, 1978. Only two delegates were incumbent legislators.[18] The 1978 constitutional convention lasted from July 5 to September 21, 1978, a total of 78 days.[3][5]

Overall, the convention drafted around 800 proposals.[18] Ultimately, it referred 34 amendments to voters, all of which were approved. Subjects of the amendments included civil rights, government finances, taxes, education, resources, welfare, and more.

#### Financing the 1978 convention[edit]

The 1978 Hawaii Constitutional Convention cost the state $2.6 million dollars. The legislature had originally budgeted $2.5 million. Expenses included salary, per diem, and travel costs for the delegates, office support costs to the Legislative Reference Bureau, and more.[19]

#### Amendments proposed by the 1978 convention[edit]

Click show to view a list of the amendments that were proposed and referred to voters by the 1978 convention.

Proposed amendments from Hawaii 1978 Constitutional Convention

|  Type  |  Title  |  Subject  |  Description  |  Result

|
|
|
|

CRCA |  Amendment 1 |  Trials |  Proposes to increase the number of jurors in a civil case to 12 and increase the value of controversy in a civil case to $1,000  |  a
CRCA |  Amendment 2 |  Trials |  Proposes that a grand jury shall have an independent counsel  |  a
CRCA |  Amendment 3 |  Constitutional Rights |  Proposes that the state recognizes the right to privacy of the people  |  a
CRCA |  Amendment 4 |  Constitutional Rights |  Proposes that a method of voting shall be accessible and that voter secrecy will be maintained except in primaries which require party declarations  |  a
CRCA |  Amendment 5 |  Campaigns |  Proposes that candidates who run for office and are already in a public office must resign if the two terms will overlap  |  a
CRCA |  Amendment 6 |  Campaigns |  Proposes that candidates setup campaign funds, that candidate spending be limited, that contributions to campaigns be limited and that primaries precede general elections by 45 days  |  a
CRCA |  Amendment 7 |  Legislature |  Proposes to establish a legislative salary commission every eight years, to make the legislature set bill deadlines and take a recess between the twentieth and fortieth session day, to open legislative committees to the public, to extend the period in which a bill is distributed and the final reading, and to stagger terms of office  |  a
CRCA |  Amendment 8 |  Legislature |  Proposes to increase the waiting period between changing voting districts, extends the period of time for reapportionment plan deadlines, and gives the reapportionment commission power over U.S. congressional districts |  a
CRCA |  Amendment 9 |  Term Limits |  Proposes to limit the governor and lieutenant governor to two terms and puts similar units in the same executive office  |  a
CRCA |  Amendment 10 |  Judiciary |  Proposes to create an intermediate court of appeals, makes district courts constitutional, adds limits to court case completion, removes minimum salaries and creates a salary commission, requires judges to be Hawaiian residents, creates a judicial selection commission and creates a judicial discipline commission  |  a
CRCA |  Amendment 11 |  Gov't Finances |  Proposes to limit state general fund spending, excess budget refunds, a prohibition on deficit spending and the that the state subsidize mandatory county services  |  a
CRCA |  Amendment 12 |  Gov't Finances |  Proposes to apply limits on state debt principal and interest, sets limits on bonds and cites limit exclusions on certain bonds  |  a
CRCA |  Amendment 13 |  Gov't Finances |  Proposes to authorize legislature with a two-thirds vote to pass special revenue bonds  |  a
CRCA |  Amendment 14 |  Gov't Finances |  Proposes to develop a process of budget submissions and reviews  |  a
CRCA |  Amendment 15 |  Taxes |  Proposes to allow legislature to conform with federal tax law and establishes a tax review commission  |  a
CRCA |  Amendment 16 |  Taxes |  Propose the method by which the county may assess and tax real property, and raise said taxes  |  a
CRCA |  Amendment 17 |  Welfare |  Proposes to regulate and setup beneficiary services for those who require it  |  a
CRCA |  Amendment 18 |  Census |  Proposes the either the state or counties plan and manage population growth  |  a
CRCA |  Amendment 19 |  Education |  Proposes a method by which the board of education should be formed and type of district representation  |  a
CRCA |  Amendment 20 |  Constitutional Rights Education |  Proposes to prohibit discrimination based on gender and the promotion of Hawaiian culture in schools  |  a
CRCA |  Amendment 21 |  Education |  Proposes to clarify the jurisdiction and authority of the board of regents for the University of Hawaii  |  a
CRCA |  Amendment 22 |  Resources |  Proposes that the state should create a water resources agency to regulate water usage  |  a
CRCA |  Amendment 23 |  Resources |  Proposes to maintain, protect and make natural resources accessible  |  a
CRCA |  Amendment 24 |  Resources Food & Agri |  Proposes to allow the state to protect and promote agricultural activity and land  |  a
CRCA |  Amendment 25 |  Resources |  Proposes that the state maintain control and apply guidelines for the managing marine resources  |  a
CRCA |  Amendment 26 |  Energy |  Proposes that legislature must authorize the construction of a nuclear facility and the disposal of nuclear waste  |  a
CRCA |  Amendment 27 |  Admin of Gov't |  Proposes legislative funding for the Department of Hawaiian Home Lands  |  a
CRCA |  Amendment 28 |  Admin of Gov't |  Proposes to establish an Office of Hawaiian Affairs  |  a
CRCA |  Amendment 29 |  Culture |  Proposes to protect the customary rights of native Hawaiians  |  a
CRCA |  Amendment 30 |  Admin of Gov't |  Proposes the extension of the Code of Ethics and mandates financial disclosure for political candidates  |  a
CRCA |  Amendment 31 |  Statehood Con Convention |  Proposes to revise the preamble, affirm boundaries, and codifies the motto and state language  |  a
CRCA |  Amendment 32 |  Property |  Proposes to limit and regulate claims on real property  |  a
CRCA |  Amendment 33 |  Constitutional Rights Admin of Gov't |  Proposes to restrict criminals from public office and introduce conventions to the constitution  |  a
CRCA |  Amendment 34 |  Con Language Con Convention |  Proposes to revise the language of the constitution to conform with new conventions  |  a

### Constitutional convention of 1968[edit]

In the 1966 general election, the question calling for a constitutional convention was on the ballot where it was approved in a vote of 119,097 to 62,120. Eighty-two delegates to the 1968 convention were chosen at a special election on June 1, 1968. Forty-two of the 82 delegates were incumbent or ex-legislators. The convention lasted from July 15 to October 21, 1968, a total of 72 days.[3][5]

The convention was motivated by Reynold v. Sims, a 1964 U.S. Supreme Court case that declared a "one man, one vote" doctrine. In 1965, it was ruled by a federal district court that the way Hawaii apportioned its state Senate seats was invalid. The constitutional convention was called to amend it.[5] The 1968 convention referred 23 amendments to voters. All but one were approved. The only proposal that was defeated was an amendment to lower the voting age from 21 to 18, which the U.S. Constitution did in 1971.[5] Subjects of the amendments included redistricting, civil rights, trials, administration of government, government finances, and more.

#### Amendments proposed by the 1968 convention[edit]

Click show to view a list of the amendments that were proposed and referred to voters by the 1968 convention.

Proposed amendments from Hawaii 1968 Constitutional Convention

|  Type  |  Title  |  Subject  |  Description  |  Result

|
|
|
|

CRCA |  Amendment 1 |  Redistricting |  Proposes the setting of Senatorial and Representative districts  |  a
CRCA |  Amendment 2 |  Redistricting |  Proposes to set up a commission for reapportionment  |  a
CRCA |  Amendment 3 |  Admin of Gov't |  Proposes to set the minimum on legislative representation  |  a
CRCA |  Amendment 4 |  Constitutional Rights |  Proposes to protect individuals from the invasion of privacy  |  a
CRCA |  Amendment 5 |  Trials |  Proposes to waive mandatory bail in cases where the court is certain the defendant will appear when directed  |  a
CRCA |  Amendment 6 |  Trials |  Proposes to provide counsel to defendants who cannot otherwise afford counsel  |  a
CRCA |  Amendment 7 |  Property Trials |  Proposes just compensation for damages to private property  |  a
CRCA |  Amendment 8 |  Constitutional Rights |  Proposes to lower the voting age  |  d
CRCA |  Amendment 9 |  Constitutional Rights |  Proposes to restore the right to vote for discharged felons  |  a
CRCA |  Amendment 10 |  Constitutional Rights |  Propose to remove the requirement mandating that voters must be literate to cast their vote  |  a
CRCA |  Amendment 11 |  Elections |  Proposes to allow a presidential preference primary  |  a
CRCA |  Amendment 12 |  Admin of Gov't |  Proposes to lower the minimum age for legislators  |  a
CRCA |  Amendment 13 |  Admin of Gov't |  Proposes to set up a commission to regulate salaries and that legislative sessions convene regularly  |  a
CRCA |  Amendment 14 |  Gov't Salaries |  Proposes to set the salary for legislators  |  a
CRCA |  Amendment 15 |  Elections |  Proposes to establish the eligibility requirements for state executive branch positions  |  a
CRCA |  Amendment 16 |  Judiciary |  Proposes to establish term limits, compensation and general guidelines for the administration of the state judiciary branch  |  a
CRCA |  Amendment 17 |  Gov't Finances |  Proposes to relate debt limits to general fund revenues and cap debt limits  |  a
CRCA |  Amendment 18 |  Gov't Finances |  Proposes to budget biennial rather than annually with an annual review  |  a
CRCA |  Amendment 19 |  Local Gov't |  Proposes to allow local government to establish a charter of self-government  |  a
CRCA |  Amendment 20 |  Civil Service Labor |  Proposes to allow collective bargaining  |  a
CRCA |  Amendment 21 |  Admin of Gov't |  Proposes to establish a code of ethics and the disqualification for failure to comply with said code  |  a
CRCA |  Amendment 22 |  Con Convention |  Proposes to extend the powers of the 1968 constitutional convention to all future conventions  |  a
CRCA |  Amendment 23 |  Con Language |  Proposes to delete and reword portions of the constitution where necessary  |  a

### Constitutional convention of 1950[edit]

The 1950 convention was called for by the territory's legislature and convened in order to draft a state constitution for Hawaii so that Hawaii could be admitted to the union on equal footing with the other U.S. states. Sixty-three delegates were elected to be members of the convention. The convention lasted 101 days: from April 4 to July 22, 1950. The constitution was ratified at the general election of November 7, 1950, by a vote of 82,788 to 27,109. This constitution became Hawaii's state constitution when Hawaii became a U.S. state on August 21, 1959, though four amendments were made to it upon statehood.[5]

## Path to the ballot[edit]

See also: Automatic ballot referral and State constitutional conventions

This constitutional convention question is an example of an automatic ballot referral, a type of ballot measure that is designed to automatically appear as a statewide ballot proposition under certain circumstances based on specifications contained in a state's constitution.

In Hawaii, there are two ways in which a constitutional convention measure can appear on the ballot: it can be referred to the ballot by the legislature, or it can be automatically referred. The Hawaii Constitution stipulated that a constitutional convention question must be submitted to voters automatically if a nine year period elapses without such a submission taking place already (i.e. without the legislature referring a constitutional convention question to the ballot).

Section 2 of Article XVII of the Hawaii Constitution reads as follows:

"The legislature may submit to the electorate at any general or special election the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" If any nine-year period shall elapse during which the question shall not have been submitted, the lieutenant governor shall certify the question, to be voted on at the first general election following the expiration of such period."[8]

## Related measures[edit]

### Constitutional convention questions in Hawaii[edit]

* Hawaii Constitutional Convention, Amendment 2 (1976)
* Hawaii Constitutional Convention, Question 1 (2008)
* Hawaii Constitutional Convention (1996)
* Hawaii Constitutional Convention Question (1998)
* Hawaii Convene a Convention for Constitutional Proposals, Amendment D (1986)
* Hawaii Preamble, State Boundaries and Motto, Amendment 31 (1978)
* Hawaii Revisions and Amendments to the Constitution, Amendment 22 (1968)
* Hawaii Technical and Style Changes, Amendment 34 (1978)

## See also[edit]

2018 measures

* 2018 ballot measures
* Constitutional conventions on the ballot
* 2018 legislative sessions

Hawaii

* Hawaii ballot measures
* Hawaii ballot measure laws

News and analysis

* Ballot measure lawsuits
* Ballot measure readability
* Ballot measure polls

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## External links[edit]

* HCR 86 Full Text

## Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms Hawaii 2018 Constitutional Convention. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Hawaii Constitutional Convention Question (2018) - Google News

## Footnotes[edit]

1. ↑ 1.0 1.1 1.2 Hawaii Campaign Spending Commission, "2018 Ballot Issue Committees," accessed December 6, 2018
2. ↑ 2.0 2.1 2.2 Legislative Reference Bureau, "HAWAII CONSTITUTIONAL CONVENTION STUDIES 1978," accessed June 20, 2018
3. ↑ 3.0 3.1 3.2 3.3 3.4 The Hawaii State Constitutional Convention Clearinghouse, "Flowchart of the Constitutional Convention Process," accessed June 10, 2018
4. ↑ Hawaii ConCon info, "Home: Constitutional Convention Delegate Elections, Composition, Meetings, and Cost," accessed October 28, 2018
5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Richard J. Kosaki, Constitutions and Constitutional Conventions of Hawaii," accessed June 20, 2018
6. ↑ Hawaii State Legislature, "HCR 86," accessed December 20, 2016
7. ↑ Hawaii Legislative Reference Bureau, "The Constitution of the State of Hawaii," accessed January 3, 2017
8. ↑ 8.0 8.1 8.2 8.3 8.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content
9. ↑ 9.0 9.1 9.2 KHON2 News, "Voters to decide on Hawaii Constitutional Convention," accessed October 13, 2018
10. ↑ 10.0 10.1 Honolulu Civil Beat, "Should we open the door to changing how state government runs," accessed June 20, 2018
11. ↑ U.S. News, "Hawaii Coalition Opposes Constitutional Convention," accessed October 15, 2018
12. ↑ ‘’Don’t Be ConConned’’, “Home,” accessed October 29, 2018
13. ↑ Don't be ConConned, "Home," accessed October 29, 2018
14. ↑ Preserve Our Hawaii, "Preserve Our Hawaii – Drive Home :30," accessed October 29, 2018
15. ↑ Honolulu Civil Beat, "Civil Beat Editorial: Constitutional Convention: It May Be Time To Go Over Legislators’ Heads," accessed June 13, 2018
16. ↑ West Hawaii Today, "WHT editorial: Vote yes Nov. 6 for a Constitutional Convention," accessed September 28, 2018
17. ↑ Cite error: Invalid `<ref>` tag; no text was provided for refs named `poll`
18. ↑ 18.0 18.1 Civil Beat, "Before deciding on a new constitutional convention consider those held before," accessed June 20, 2018
19. ↑ Honolulu Civil Beat, "What A Constitutional Convention Might Cost Hawaii Taxpayers," accessed June 8, 2018

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