RELATING TO INITIATIVE POWER BY THE PEOPLE.

SB2767

THE SENATE

S.B. NO.

2767

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to initiative power 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 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.

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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.

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

"
Part
.
�
Initiative

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�11-A
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Initiative petition; contents.
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(a)
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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.

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(b)
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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.

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(c)
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An initiative petition shall include:

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

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

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(A)
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Signature;

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(B)
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Printed name;

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(C)
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Residential address;

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(D)
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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

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(E)
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Date of signing;

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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

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

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�11-B
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Initiative measures; form; content; approval.
�
(a)
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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.

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

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

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

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

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(3)
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Include
the following enacting clause:

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

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

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

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(1)
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Name
any individual to hold any office;

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

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

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(4)
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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;

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

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

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(7)
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Violate
the United States Constitution.

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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.

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�11-C
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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.

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

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(c)
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There shall be no limit on the number of copies of an initiative
petition that may be circulated.

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(d)
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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.
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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.

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�11-D
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Filing; certification of sufficiency; judicial review.
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(a)
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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.

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

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

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(2)
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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

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

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

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

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(e)
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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.

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Any petition deemed insufficient shall
be returned to the petitioner within thirty days of filing with a written
statement identifying the specific deficiencies.

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(f)
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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.

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�11-E
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Confidentiality.
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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.

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�11-F
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Attorney general statement.

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Upon
certification of an initiative petition by the chief election officer, the
attorney general shall:

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(1)
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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;

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

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(3)
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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.

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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.

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�11-G
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Submission to voters; enactment; effective date.
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(a)
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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.
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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.

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

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(c)
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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.

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

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(e)
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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.

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�11-H
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Relation to legislature; veto; amendments.
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(a)
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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.
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The petition may be filed; provided that the bill
is not enacted into law or does not carry over to the next regular session.

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(b)
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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.
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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.
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(c)
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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.

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(d)
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An
initiative measure approved by voters shall not be subject to veto by the
governor.
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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.

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

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

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

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

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"(a)
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The chief election officer shall supervise all state elections[
.
]

and initiatives.
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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."

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

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11-3
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Application of chapter.
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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."

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

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"(b)
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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.
"

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

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"(a)
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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.
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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.
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The language and meaning of a
constitutional amendment shall be clear and it shall be neither misleading nor
deceptive."

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

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

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(1)
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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;

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(2)
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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;

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(3)
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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:

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(A)
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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

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

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

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SECTION 9.
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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.

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

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SECTION 11.
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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:

_____________________________

Report Title:

Office of
Elections; Chief Election Officer; Elections Commission; AG; Initiative; Rules

Description:

Establishes provisions allowing registered voters to propose
statutory and constitutional amendments by initiative and to approve or reject
those amendments by ballot, as provided by law.
�

Clarifies requirements and procedures for the initiative petition, the
initiative measure, and the ballot containing the initiative measure.
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Requires the Attorney General to review all
initiative petitions for validity and to provide a summary and explanation for
each initiative measure in the digital voter information guide.
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Requires the Chief Election Officer to
certify every Attorney General-approved initiative petition for sufficient
number of valid signatures.
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Clarifies
conflicts between initiative measures and contrary or similar bills.
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Requires the Office of Elections to adopt
rules.
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Takes effect upon ratification of
a constitutional amendment authorizing the electorate to propose ballot
initiatives and to approve or reject them as provided by law.

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