THE SENATE	S.B. NO.	2138
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to elections.

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

SECTION 1. The legislature finds that votes for questions on ballots for the ratification of constitutional amendments that are left blank, crossed out, or otherwise defaced, are counted in the negative, which may lead to a result that was not intended by the voter.

Accordingly, the purpose of this Act is to require that each vote cast for a question on a ballot for the ratification of a constitutional amendment be counted in the negative only if the ballot properly indicates that the vote is for "no".

SECTION 2. Section 11-151, Hawaii Revised Statutes, is amended to read as follows:

"§11-151 Vote count. (a) Except for contests conducted by ranked-choice voting pursuant to section 11-100, each contest or question on a ballot shall be counted independently as follows:

(1) If the votes cast in a contest or on a question are equal to or less than the number to be elected or chosen for that contest or question, the votes for that contest or question shall be counted;

(2) If the votes cast in a contest or question exceed the number to be elected or chosen for that contest or question, the votes for that contest or question shall not be counted; and

(3) If a contest or question requires a majority of the votes for passage, any blank, spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that [such] the ballots shall be counted as votes cast in [ratification of a constitutional amendment or] a question for a constitutional convention.

(b) Each vote cast in ratification of a constitutional amendment shall be counted in the negative only if the ballot properly indicates that the vote is in the negative. No other indication on the ballot, including but not limited to a blank or cross-out, shall be counted in the negative."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Elections; Voting; Ratification of Constitutional Amendment; Negative Votes

Description:

Requires that each vote cast for a question on a ballot for the ratification of a constitutional amendment be counted in the negative only if the ballot properly indicates that the vote is in the negative.

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