SB2767

SECTION 1. The legislature finds that S.B. No. , Regular Session of 2026, proposes an amendment to the Hawaii State Constitution to provide the electorate of the State with the power to propose statutory and constitutional amendments by initiative and to approve or reject those amendments by ballot, as provided by law.

Accordingly, the purpose of this Act is to make conforming amendments to the Hawaii Revised Statutes to carry out the requirements of S.B. No. , Regular Session of 2026.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Initiative

§11-A Initiative petition; contents. (a) Any registered voter of the State may propose a statutory amendment or constitutional amendment by filing an initiative petition with the chief election officer pursuant to this part.

(b) An initiative petition shall be certified by the signatures of more than ten percent of the registered voters who voted in the State's most recent gubernatorial election.

(1) An initiative measure prepared and approved by the attorney general pursuant to section 11-B;

(2) For each registered voter who signs the petition:

(A) Signature;

(B) Printed name;

(D) Driver's license number issued by the State, state identification card number, or the last four digits of the voter's social security number; and

(E) Date of signing;

provided that the signatures may be placed on separate sheets of the petition; provided further that each sheet shall be accompanied by an affidavit of a person, not necessarily a signer of the petition, stating, to the best of the affiant's knowledge and belief, that each person whose signature appears on the sheet is a duly registered voter of the State, the person signed the petition with full knowledge and understanding of its contents, and the person's residential address stated in the petition matches the residential address on the person's voter registration record, valid driver's license, state identification card, or other government-issued photographic identification card or document; and

(3) Name or address of all financial sponsors, as required under section 11-C.

§11-B Initiative measures; form; content; approval. (a) Before circulating an initiative petition for signatures, the petitioner shall submit a complete copy of the petition, excluding the information required under section 11-A(c)(2) and (3), to the attorney general for approval.

(b) Each initiative measure in the initiative petition shall:

(1) Have the following text printed above the title:

"INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE PEOPLE";

(2) Address only one subject, which shall be stated in the title;

(3) Include the following enacting clause:

"BE IT ENACTED BY THE PEOPLE OF THE STATE OF HAWAII"; and

(4) Set forth the full text of the proposed statutory amendment or constitutional amendment.

(c) The attorney general shall review each initiative petition and shall approve the petition upon determining that it is legally and technically sufficient. The attorney general may revise the petition as necessary; provided that the revisions shall not substantially alter the intent of the measure. The attorney general shall reject any initiative petition that proposes to:

(1) Name any individual to hold any office;

(2) Name or identify any private corporation to perform any function or to have any power or duty;

(3) Change the state budget, including adding, amending, or deleting any budget item;

(4) Change the levy of taxes, including adding, amending, or repealing any tax rate, tax credit, tax deduction, tax exemption, or any other provision relating to the levy of taxes;

(5) Include or exclude any political subdivision of the State in the application or effect of the provisions of the initiative measure;

(6) Compromise or potentially compromise the environment, public health, or public safety; or

(7) Violate the United States Constitution.

The attorney general shall also reject any initiative measure that contains alternative, contingent, or cumulative provisions under which different provisions would take effect depending on the percentage of votes cast for or against the measure.

§11-C Initiative petition; circulation; signatures. (a) Any registered voter may circulate and solicit signatures for an initiative petition approved by the attorney general pursuant to section 11-B; provided that no entity or paid agent shall circulate an initiative petition or cause an initiative petition to be circulated on behalf of another person.

(b) An initiative petition may be signed only by a registered voter who cast a ballot in the State's most recent gubernatorial election.

(d) The petitioner shall bear all costs of preparing and circulating the initiative petition, except for services provided by the attorney general pursuant to this part. The name and address of any person who pays any portion of the costs of preparing or circulating an initiative petition shall be clearly identified in the petition as a financial sponsor.

§11-D Filing; certification of sufficiency; judicial review. (a) An initiative petition shall be filed with the chief election officer no later than ninety days before the general election at which the initiative is to be submitted to the voters.

(b) The chief election officer shall certify an initiative petition as sufficient if the chief election officer determines that:

(1) Each person who signed the petition is a registered voter;

(2) The residential address provided for each person who signed the petition matches the voter registration records maintained by or accessible to the office of elections; and

(3) The petition contains a sufficient number of valid signatures, as required under section 11-A.

(c) The chief election officer may examine and question the authenticity of any signature in the initiative petition. Any signature determined to be invalid shall be publicly disclosed and excluded from the count to determine the sufficient number of valid signatures.

(d) Any sheets of signatures not accompanied by an affidavit in compliance with section 11-A shall be rejected in its entirety.

(e) No later than twenty business days after filing, the chief election officer shall determine whether to certify the initiative petition as sufficient or deem the petition insufficient. Any petition deemed insufficient shall be returned to the petitioner within thirty days of filing with a written statement identifying the specific deficiencies.

(f) Any final determination of the chief election officer under this section shall be subject to judicial review; provided that the review shall be limited to the administrative record and shall not constitute a contested case under chapter 91.

§11-E Confidentiality. Notwithstanding chapter 92F, an initiative petition filed with the chief election officer pursuant to this chapter shall not be subject to public inspection or disclosure except pursuant to an order of the supreme court issued for purposes of judicial review.

§11-F Attorney general statement. Upon certification of an initiative petition by the chief election officer, the attorney general shall:

(1) Prepare a statement in English and Olelo Hawaii for each proposed statutory amendment or constitutional amendment in language that is clear and that indicates the purpose, limitations, and effects of the initiative measure;

(2) Translate the statement into other languages required under the federal Voting Rights Act, as specified by the office of elections; and

(3) Distribute each statement, including the translations, to the state office of elections pursuant to section 11-122(b) and all county clerks for further distribution.

The office of elections and county clerks shall make the statement available to the public at all polling places in the State and on the office of elections' website pursuant to section 11-122.

§11-G Submission to voters; enactment; effective date. (a) Any initiative measure in an initiative petition certified as sufficient by the chief election officer shall be submitted to the voters at the general election immediately following certification. The measure shall be submitted on the ballot in a manner that enables voters to express their choice by providing a "yes" or "no" response, under which a "yes" response constitutes an affirmative vote for the measure, as the measure is written; provided that any measure that would prohibit a specific activity or terminate an existing right or privilege shall be presented on the ballot in a manner that a "yes" vote constitutes an affirmative choice to continue the activity, existing right, or privilege.

(b) A proposed statutory amendment or constitutional amendment approved by a majority of the voters casting votes on the measure shall be enacted.

(c) If two or more initiative measures approved at the same election conflict with each other, the measure receiving the highest number of affirmative votes shall prevail.

(d) An initiative measure approved by the voters shall take effect one day after the election results are announced, unless otherwise provided in the measure.

(e) A defeated initiative measure shall not be resubmitted to the voters by an initiative petition in the same form or essential substance, as determined by the attorney general, for a period of four years.

§11-H Relation to legislature; veto; amendments. (a) No initiative petition shall be filed during a regular or special session of the legislature if an initiative measure in the petition is similar or contrary in form or substance to a bill that has been introduced in the legislature. The petition may be filed; provided that the bill is not enacted into law or does not carry over to the next regular session.

(b) If the legislature adopts a bill proposing a constitutional amendment that is contrary in form or substance to an initiative measure in a certified initiative petition, as determined by the attorney general, the constitutional ratification questions proposed by the legislature and by the initiative measure shall both be submitted to the voters at the general election immediately following the legislative session. The measure receiving the higher number of affirmative votes shall prevail; provided that the measure is approved pursuant to section 11-G(b), and the other measure shall be void.

(c) If a bill enacted into law or adopted by the legislature contains a statutory amendment or constitutional amendment that is the same as, similar to, or accomplishes the same purpose as an initiative measure included in a certified initiative petition, as determined by the attorney general, the chief election officer shall declare the initiative measure void by a public announcement and strike it from the ballot.

(d) An initiative measure approved by voters shall not be subject to veto by the governor. No measure enacted by initiative shall be repealed or amended by the legislature except by a two-thirds vote of each house and only after two years have lapsed from the effective date of the initiative, unless otherwise provided in the measure; provided that voters may amend the measure by initiative pursuant to this part at any time.

§11-I Rules. The elections commission shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part."

SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Initiative" means a direct ballot initiative to amend the law as provided for in part ."

SECTION 4. Section 11-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The chief election officer shall supervise all state elections[.] and initiatives. The chief election officer may delegate responsibilities in state elections and initiatives within a county to the clerk of that county or to other specified persons."

SECTION 5. Section 11-3, Hawaii Revised Statutes, is amended to read as follows:

"§11-3 Application of chapter. This chapter shall apply to all initiatives proposed in the State and all elections, including primary, special primary, general, special general, special, or county[,] elections held in the State, under all voting systems used within the State, so far as applicable and not inconsistent herewith."

SECTION 6. Section 11-112, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The ballot may include questions concerning proposed state constitutional amendments, proposed county charter amendments, or proposed initiative or referendum issues[.]; provided that any ballot containing measures proposed by initiative shall be formatted pursuant to section 11-G."

SECTION 7. Section 11-118.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any constitutional amendment proposed by the legislature or by initiative shall include in final form the exact constitutional ratification question to be printed on a ballot. The constitutional ratification question shall be phrased in a manner to enable voters to express their choice on the constitutional amendment by providing a "yes" or "no" response. The language and meaning of a constitutional amendment shall be clear and it shall be neither misleading nor deceptive."

SECTION 8. Section 11-122, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The digital voter information guide shall include:

(1) A photograph and short statement of less than one hundred fifty words for each candidate running for public office, to be prepared by the candidate; provided that the office of elections may uniformly limit the number of words for the candidate statement by applicable public office;

(2) The explanation drafted by the department of the attorney general of each state constitutional amendment and initiative measure that will be proposed to voters in the next general election pursuant to [~~section~~] sections 11-G and 11-118.5(b); provided that the department of the attorney general shall transmit the materials required by this paragraph to the office of elections no later than seventy-five days before the general election;

(3) A clear and concise explanation, drafted by the appropriate county corporation counsel, for each proposed county charter amendment, proposed initiative, and proposed referendum issue; provided that the respective corporation counsel shall:

(A) Translate the explanation into Olelo Hawaii and any other languages required under the federal Voting Rights Act, as specified by the office of elections; and

(B) Transmit the materials required by this paragraph to the office of elections no later than seventy‑five days before the general election; and

(4) Information regarding mailing deadlines, places of deposit locations, same day voter registration, accessible voting locations, and opening hours of voter service centers."

SECTION 9. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on upon its approval and upon ratification of an amendment to the Hawaii State Constitution authorizing the electorate of the State with the power to propose statutory and constitutional amendments by initiative and to approve or reject those amendments by ballot, as provided by law.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2767
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII