REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A COMPREHENSIVE STUDY ON THE FEASIBILITY AND IMPLICATIONS OF ELECTING THE STATE'S ATTORNEY GENERAL.

HR66

HOUSE OF REPRESENTATIVES

H.R. NO.

66

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE RESOLUTION

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A
COMPREHENSIVE STUDY ON THE FEASIBILITY AND IMPLICATIONS OF ELECTING THE state's
ATTORNEY GENERAL.

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WHEREAS, the
Attorney General serves as the chief legal officer of the State of Hawaii and
plays a critical role in enforcing the law, advising state agencies, and
protecting the public interest; and

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WHEREAS, pursuant
to Article V, section 6 of the Constitution of the State of Hawaii, the
Attorney General is nominated and, by and with the advice and consent of the Senate,
appointed by the Governor; and

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WHEREAS, the
method of selecting any state�s chief legal officer can significantly affect
the independence and accountability of, and public confidence in, that office;
and

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WHEREAS, in a
majority of states, the attorney general is elected by the voters, and is
therefore directly accountable to the public; and

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WHEREAS, recent
public discussions have raised concerns about independence, transparency, and
the potential for real or perceived conflicts of interest when the Attorney General
is appointed by the Governor and may be removed by the Governor, subject to the
advice and consent of the Senate; and

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WHEREAS, any
proposal to change the method of selecting the Attorney General in the State of
Hawaii would require the careful consideration of constitutional, legal,
fiscal, and policy issues; now, therefore,

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BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, that the Legislative Reference Bureau
is requested to conduct a comprehensive study on the feasibility and
implications of electing the State's Attorney General; and

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BE IT FURTHER
RESOLVED that, in the course of conducting the study, the Bureau is requested
to:

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(1)
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Determine what constitutional amendments would
be necessary to establish a process for electing the Attorney General in the
State of Hawaii;

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(2)
�
Compare states that elect their attorneys
general with states that appoint them, including a comparison of the States'
governance structures and oversight mechanisms;

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(3)
�
Analyze potential positive and negative
impacts relating to electing the State's Attorney General, including impacts
related to:

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(A)
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The independence of the Attorney General from the
Governor, Lieutenant Governor, and other officials within the executive branch
of government;

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(B)
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The accountability of the Attorney General to
the public;

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(C)
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The ability of the Attorney General to coordinate
with state agencies; and

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(D)
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The ability of the Attorney General to
represent the State;

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(4)
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Discuss the potential administrative,
operational, and fiscal impacts if the State's Attorney General were to be
elected rather than appointed;

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(5)
�
Review alternative methods of selecting the State's
Attorney General that could strengthen the independence of, and public
confidence in, the Attorney General, including establishing fixed terms,
removal protections, and appointment processes that do not involve the
Governor; and

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(6)
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Explore any other relevant issues, as
determined by the Bureau.

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BE IT FURTHER
RESOLVED that the Legislative Reference Bureau is requested to submit a report
of its findings and recommendations, including any proposed legislation, to the
Legislature no later than twenty days prior to the convening of the Regular
Session of 2027; and

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BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the
Governor; Lieutenant Governor; Attorney General; Chief Election Officer; and
Director of the Legislative Reference Bureau.

OFFERED BY:

_____________________________

Report Title:
�

Attorney
General; Election; Legislative Reference Bureau; Study