Constitutional Convention (ConCon): To Have or Not to Have? That’s the Nov 08 Ballot Question for Hawaii Voters JoAnn Maruoka League of Women Voters of Hawaii 28 May 2008

The League of Women Voters (LWV) strictly Non-Partisan wholeheartedly Political National state & local Leagues Original grassroots citizen network, Original grassroots citizen network, consensus of women & men members consensus of women & men members LWV-HI is statewide, comprised of county LWV-HI is statewide, comprised of county Leagues: Honolulu, Hawaii Is., Kauai, & Maui Leagues: Honolulu, Hawaii Is., Kauai, & Maui

LWV-HI Neutral on ConCon Input from Interviews, Surveys of various external leaders (pros & cons split) leaders (pros & cons split) Members have strong but differing views, so no Members have strong but differing views, so no LWV-HI consensus LWV-HI consensus Rather than position advocacy, our focus is educating Rather than position advocacy, our focus is educating & informing electorate: forums, debates on wide media & informing electorate: forums, debates on wide media Constitution, background, pros/cons on our website Constitution, background, pros/cons on our website Add Your Voice (website or ) Add Your Voice (website or )

Why a ballot question? What’s all the buzz? What’s all the buzz? Why should I care? Why should I care? So… ConCon So What?

Am. federal system rests on 2 constitutional pillars: the 50 state constitutions & the U.S. Constitution U.S. - supreme law of the United States of America State - governing document of that U.S. state State - governing document of that U.S. state Constitutions are fundamental law Constitutions and Law

Constitutional Law is based on a formal document that defines broad powers Federal originates from US Constitution Federal originates from US Constitution State originates from individual state constitution State originates from individual state constitution Statutes & Ordinances are legislation passed at the federal, state, or local level Constitutional v. Statutory Law

State Constitutions Limit the powers of the state government Contain much more detail (id specific limitations on otherwise virtually unlimited gov’t power) on otherwise virtually unlimited gov’t power) Contain long articles on taxation and finance, 2 of the most important functions of any government the most important functions of any government Allow for more citizen involvement in their drafting & amendments; they are easier to amend & amendments; they are easier to amend

Hawaii Constitution: 18 Articles I Bill of Rights I Bill of Rights II Suffrage & Elections II Suffrage & Elections III The Legislature III The Legislature IV Reapportionment IV Reapportionment V The Executive V The Executive VI The Judiciary VI The Judiciary VII Taxation & Finance VII Taxation & Finance VIII Local Government VIII Local Government IX Public Health & Welfare IX Public Health & Welfare X Education X Education XI Conservation, Control & Development of Resources XI Conservation, Control & Development of Resources XII Hawaiian Affairs XII Hawaiian Affairs XIII Organization; Collective Bargaining XIII Organization; Collective Bargaining XIV Code of Ethics XIV Code of Ethics XV State Boundaries, Capital, State Flag, Language & Motto XV State Boundaries, Capital, State Flag, Language & Motto XVI General & Miscellaneous Provisions XVI General & Miscellaneous Provisions XVII Revision & Amendment XVII Revision & Amendment XVIII Schedule

Constitutional Change In democracies, constitutional change occurs 2 ways, by altering: Meaning of the document thru interpretation, or Meaning of the document thru interpretation, or Text of the document thru amendment or revision Text of the document thru amendment or revision U.S. Constitution: change thru interpretation dominates dominates State constitutions: formal change (amendments, revision) far more frequent than at national level revision) far more frequent than at national level

State Constitutional Change All state constitutions permit amendments to be formally proposed by state legislatures – this is most common proposed by state legislatures – this is most common method of constitutional change method of constitutional change 25 state constitutions expressly provide amendment methods to be proposed without legis participation, by: methods to be proposed without legis participation, by: popular petition (constitutional initiative); state popular petition (constitutional initiative); state constitutional commission; or constitutional convention constitutional commission; or constitutional convention Hawaii’s is 1 of 14 state constitutions providing for automatic periodic placement on ballot of whether automatic periodic placement on ballot of whether ConCon should be held (HI every 10 yr, others yr) ConCon should be held (HI every 10 yr, others yr)

What is a ConCon? A convention of delegates elected to examine, discuss & propose to voters amendments to the state Constitution Constitutional convention (ConCon) is the oldest & most traditional method for extensive revision

Amendments may be proposed to voters by legislature or by a ConCon To pass an amendment or convene a ConCon = “majority of To pass an amendment or convene a ConCon = “majority of ballots cast,” which means ‘yes’ votes at least 50% of all ballots cast,” which means ‘yes’ votes at least 50% of all ballots cast (including ‘no’ votes, blank & spoiled ballots) ballots cast (including ‘no’ votes, blank & spoiled ballots) Article XVII: ConCon question to the people every 10 years Article XVII: ConCon question to the people every 10 years Legis may submit to voters at any gen. or special election Legis may submit to voters at any gen. or special election Because last election when question submitted to voters Because last election when question submitted to voters was 1998, it will be on the ballot in Nov 2008 was 1998, it will be on the ballot in Nov 2008 Changing Hawaii’s Constitution

Legislature-proposed constitutional amendments: 68 since Statehood, 49 of which were adopted 68 since Statehood, 49 of which were adopted Hawaii has had 3 ConCons (1950, 1968, & 1978); of ConCon-proposed constitutional amendments, voters: ratified Constitution ppsd by 1950 ConCon ratified Constitution ppsd by 1950 ConCon adopted 22 of 23 amendments ppsd by 1968 ConCon adopted 22 of 23 amendments ppsd by 1968 ConCon adopted all 33 amendments ppsd by 1978 ConCon adopted all 33 amendments ppsd by 1978 ConCon Hawaii’s Constitutional Changes

1950: Produced State Constitution to demonstrate to Congress & the nation that citizens of Territory of Hawaii ready to be full members of the union of states (63 delegates) 1968: Primarily needed to address apportionment problem of Legis because of “1 person - 1 vote" ruling by U.S. Supreme Court; add’l outcomes (82 delegates, McKinley High School) 1978: No compelling legal reasons, “good gov’t” advocates felt many issues needed review, 74% passage; many outcomes (102 delegates, Old Federal Bldg) 1986, 1998voters rejected a convention 1986, 1998 voters rejected a convention Hawaii Constitution & ConCons

To get estimated costs of convening a ConCon in case of affirmative vote: Legislature passed resolution authorizing Legis Ref Bureau (LRB) to conduct a study; results by Sep 1 Governor announced separate 11-member ConCon Cost Task Force chaired by Lt Gov to consider a range of factors in determining cost; it will hold a series of public meetings & release findings by Aug 1 LWV-HI view: if ConCon passes, imperative that ConCon be adequately funded, given enough time to do thorough review, be open to ensure full public access & participation Costof ConCon Cost of ConCon

Review our Constitution, see Pros & Cons, Info Forums, Debates Consider what you think is important: Fatal flaws in current? Something needed but missing? Constitution responsive to changing world? Need to modernize it? Need to re-examine fundamental structure of state, local govts? Need to relook balance of power among exec, legis, judic? Other issues? State constitutional politics dominated by 3 crucial issues: distribution of power among groups & regions within state; scope of state & local governmental authority; relation of state to economic activity (G.A. Tarr) On the Question of a ConCon

Must be the People’s Convention Many Actions, Also Opportunities Legislature responsible, subject to ground rules Election of Delegates Preparing Delegates for the Tasks Convening ConCon Results voted on by the people Must be the People’s Convention Many Actions, Also Opportunities Legislature responsible, subject to ground rules Election of Delegates Preparing Delegates for the Tasks Convening ConCon Results voted on by the people If ConCon Question Passes

Work of next legislature will be very important Legis decides # delegates, areas from which electedLegis decides # delegates, areas from which elected Legis provides convention funding (salaries, facilities, equipment)Legis provides convention funding (salaries, facilities, equipment) Vital that public get involved, express their views For ConCon itself, citizen participation, by running for delegates or being active by running for delegates or being active observers, is critical to ensure it truly be observers, is critical to ensure it truly be the People’s Convention the People’s Convention

We Wish You the Best of Luck as YOU get Ready to Run tm

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