Hawaii Senate Bill SB2766

Hawaii 2026 Regular Session

• Introduced: 1/23/26
• Refer: 1/30/26

Caption

Proposing Amendments To Articles Ii, Iii, And Xvii Of The Hawaii State Constitution To Provide The Electorate With The Power Of Initiative.

Impact

If passed, SB2766 would fundamentally alter the legislative landscape in Hawaii by transferring some legislative powers away from the state legislature and placing them directly into the hands of the voters. This means that citizens could bypass traditional legislative processes for proposing amendments. The constitutional amendments would also remove the governor's veto power over initiatives approved by the electorate, ensuring that once an initiative is passed by a majority vote, it becomes law without the possibility of executive interference.

Summary

SB2766 proposes significant amendments to the Hawaii State Constitution, specifically targeting Articles II, III, and XVII. The primary purpose of the bill is to empower the electorate by granting them the right to propose statutory and constitutional amendments through a process known as an initiative. This initiative process would allow voters to directly participate in legislative change, enabling them to submit petitions with proposed amendments that have been supported by a sufficient number of signatures, specifically more than ten percent of those who voted in the most recent gubernatorial election.

Contention

While the bill is touted as a means to enhance democratic participation, it has raised some points of contention among lawmakers. Critics may argue that allowing initiatives without legislative oversight could lead to poorly thought-out laws or amendments being enacted. Furthermore, there are concerns regarding the potential for high-profile issues to be pushed through based on popular sentiment rather than comprehensive legislative review. The restrictions outlined in SB2766, which prohibit the inclusion of certain subjects in initiative measures, such as changes to the budget or taxation, also highlight ongoing debates about the scope and limitations of direct democracy.

Additional_notes

The proposed ballot question for voters under this bill would prompt them to consider whether they agree with the empowerment of the electorate to propose and approve amendments. The careful framing of this question is crucial, as it determines how voters perceive their own power and the implications of such a shift in governance.