RELATING TO ENABLING LEGISLATION BY THE PEOPLE.

SB2266

THE SENATE

S.B. NO.

2266

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating to ENABLING LEGISLATION BY THE PEOPLE.

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

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SECTION 1.
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The legislature finds that S.B. No.
, Regular Session of 2026, proposes an amendment
to the Hawaii State Constitution to
provide for initiative and
referendum.

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

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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"
CHAPTER

initiative and referendum

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Initiative.
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(a)
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A
statutory amendment or constitutional amendment may be proposed by an
initiative petition, signed by registered voters equal in number to at least
per cent of the total votes cast in the most recent election for governor, in
the case of a statutory amendment; or at least
per cent of the total votes cast in the most recent election for governor, in
the case of a constitutional amendment.
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A petition for initiative or referendum shall be signed by voters in
each congressional district.

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(b)
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The petition shall include the voter's
signature, the voter's printed name, residence address, last four digits of the
petitioner's social security number, and the date of signing.
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Signatures may be on separate sheets, but
each sheet shall have appended to it the affidavit of a person, not necessarily
a signer of the petition, that, to the best of the affiant's knowledge and
belief, the persons whose signatures appear on the sheet are duly registered
voters of the State, that they signed with full knowledge of the contents of
the petition, and that their residences are correctly given.

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No
entity or agent shall circulate or cause to be circulated a petition for
initiative or referendum in lieu of or on behalf of any voter.

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The
petition shall set forth a measure for the proposed statutory or constitutional
amendment which shall be attached and made a part of the petition; provided
that a copy of the proposed statutory or constitutional amendment shall first
be submitted to the attorney general who shall review and revise the draft as
necessary, and approve the draft to ensure that the draft is legally and
technically sufficient.

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Upon
filing of the petition with the office of elections, the chief election officer
shall examine it to see whether it contains a sufficient number of apparently
genuine signatures of duly registered voters.
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The chief election officer may question the genuineness of any signature
or signatures appearing on the petition, and if the chief election officer
finds that any signature or signatures are not genuine, the chief election
officer, after public disclosure of the signatures in question, shall disregard
them in determining whether the petition contains a sufficient number of
signatures.

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The
chief election officer shall eliminate any sheet of the petition that is not
accompanied by the required affidavit.
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The invalidity of any sheet shall not affect the validity of the
petition if a sufficient number of signatures remains after eliminating the invalid
sheet.
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The chief election officer shall
complete the examination of the petition within twenty working days after the
date of filing with the office of elections.

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A
final determination as to the sufficiency or validity of the petition shall be
subject to court review.

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(c)
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The proposed measure, final ballot question,
and explanatory statement for the electorate shall be drafted by the attorney
general and shall be filed with the office of elections at least
days prior to the general election.
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The
proposed measure shall be submitted to voters at the next general election.

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(d)
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Any proposed statutory or constitutional
amendment that is approved by the majority of voters voting thereon shall be
deemed enacted, and shall become effective immediately upon certification of
the results of the election.
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In the
event that two or more proposed statutory or constitutional amendments conflict
with each other in whole or in part and each is approved by a majority of the
voters voting thereon, the proposed amendment receiving the highest number of
votes shall be adopted and shall take effect.

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(e)
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If any provision of a proposed statutory or constitutional amendment, or
the application thereof to any person or circumstance, is held invalid, the
invalidity shall not affect other provisions or applications of the proposed
statutory or constitutional amendment that can be given effect without the
invalid provision or application, and to this end the provisions of the
proposed statutory or constitutional amendment are severable.

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(f)
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A statutory or constitutional amendment that
is deemed enacted by initiative or referendum shall not be subject to veto,
notwithstanding article III, section 16, of the Hawaii State Constitution.

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Referendum.
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(a)
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In
the case of a bill that has passed the legislature, the voters may petition for
a referendum to approve the bill in the same manner as provided for an
initiative; provided that:

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(1)
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No bill shall be attached to the
petition;

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(2)
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The petition shall be filed with the
office of elections within days following
adjournment of the general or special session in which the bill is passed; and

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(3)
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If
the petition for a referendum fails to be approved by the majority of voters
voting thereon, the bill's effective date shall be as originally intended in
the bill's text.

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(b)
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The bill passed by the legislature
under subsection (a) shall not become law unless the referendum is approved in
accordance with this section, notwithstanding article III, section 15, of the
Hawaii State Constitution."

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SECTION
2.
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This Act shall take effect upon its
approval and upon ratification of a constitutional amendment enabling
legislation by the people.

INTRODUCED BY:

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Report Title:

Initiative; Referendum

Description:

Provides for initiative and referendum procedures.
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Takes effect upon ratification of a
constitutional amendment enabling legislation by the people.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.