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Hawaii Elections Expenditures Not Freedom of Speech Amendment (2022)

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Hawaii Elections Expenditures not Freedom of Speech Amendment
Flag of Hawaii.png
Election date
November 8, 2022
Topic
Elections and campaigns
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature

The Hawaii Elections Expenditures Not Freedom of Speech Amendment was not on the ballot in Hawaii as a legislatively referred constitutional amendment on November 8, 2022.[1]

This amendment would have symbolically stated in the state constitution that freedom of speech protections do not include monetary expenditures made to influence elections.[1]

Text of the measure

Ballot title

The ballot title would have been as follows:

Shall the Hawaii State Constitution be amended to symbolically state that freedom of speech protections under the Hawaii State Constitution do not include the expenditure of money to influence elections, as a means to express disapproval of the United States Supreme Court's decision in Citizens United V. Federal Election Commission which allows unrestricted spending by corporations on elections?[2]

Constitutional changes

See also: Article I, Hawaii Constitution

The measure would have amended section 4 of Article I of the state constitution. The following underlined text would have been added:[1]

FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION

Section 4. No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

The freedom of speech shall not include the expenditure of money to influence elections.[2]

Path to the ballot

See also: Amending the Hawaii Constitution

The state process

The Hawaii State Legislature can put a proposed amendment on the ballot upon either a two-thirds (66.67%) majority vote in both chambers of the legislature in the same session or two simple majority votes in both chambers held in two successive sessions.

2022 legislative session

This amendment was introduced as Senate Bill 312. The Senate approved the measure 25-0 on February 11, 2022.[1]

Vote in the Hawaii State Senate
March 9, 2021
Requirement: Two-thirds (66.67 percent) vote in each chamber; or a simple majority vote in each chamber in two sessions
Number of yes votes required: 17  Approveda
YesNoNot voting
Total2500
Total percent100.00%0.00%0.00%
Democrat2400
Republican100

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 Hawaii State Legislature, "Senate Bill 312," accessed February 13, 2022
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content