STAND. COM. REP. NO. 1418-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2315

S.D. 2

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2315, S.D. 2, entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVII, SECTION 3 OF THE HAWAII STATE 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 the Hawaii State Constitution to provide that constitutional amendments proposed by the Legislature shall be effective only if approved at a general election by a majority of all the votes tallied upon the question.

Your Committee received testimony in support of this measure from Planned Parenthood Alliance Advocates; League of Women Voters of Hawaii; and one individual. Your Committee received testimony in opposition to this measure from the Libertarian Party of Hawaii and two individuals.

Your Committee finds that the existing standard for ratifying constitutional amendments proposed by the Legislature may be unclear due to blank, spoiled, and over votes treated as votes cast against a proposed amendment. Your Committee further finds that clarifying how votes are tallied for these amendments will provide greater certainty and transparency in the constitutional amendment process and more clearly reflect the intent of voters who cast a vote on the question.

Your Committee has amended this measure by:

(1) Clarifying the ballot question; and

(2) 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. 2315, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2315, S.D. 2, 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