Hawaii Increase Time for Senate to Act on Judicial Appointments Amendment (2026)

Hawaii Increase Time for Senate to Act on Judicial Appointments Amendment
Election date November 3, 2026
Topic State judicial selection and State legislative processes and sessions
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Hawaii Increase Time for Senate to Act on Judicial Appointments Amendment is on the ballot in Hawaii as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports increasing the timeframe for the state senate to consider and act on appointments of judges and justices from 30 days to 60 days for appointments made between April 1 and December 31 when the senate is not in regular session or is soon to adjourn the regular session.

A "no" vote opposes increasing the timeframe for the state senate to consider and act on appointments of judges and justices, thereby maintaining the requirement that the senate act on appointments within 30 days.

Supermajority requirement: The amendment requires a simple majority vote from all voters casting a ballot in the election, rather than a simple majority vote on the constitutional amendment itself. This means a blank vote is essentially a no vote on the amendment.

Overview

What would the amendment change about the judicial appointment process in Hawaii?

See also: Text of measure

The amendment would extend the timeline for the Hawaii State Senate to act on judicial appointments from 30 days to 60 days. This would apply to appointments made between April 1 and December 31 when the senate is not in session or is about to adjourn.

The Hawaii State Legislature is required to convene annually on the third Wednesday in January and meets for 60 legislative days, typically adjourning in early May.

What is the process for judicial appointments in Hawaii?

See also: Judicial selection in Hawaii

Hawaii uses the assisted appointment method of judicial selection for its state courts, which means the governor appoints state judges from a list of names submitted by the Hawaii Judicial Selection Commission.

The five justices of the Hawaii Supreme Court, seven judges of the Hawaii Intermediate Court of Appeals, and 33 judges of the Hawaii Circuit Courts are appointed by the governor. Judges of the Hawaii District Courts are appointed by the chief justice of the state supreme court. The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a list to the governor or chief justice. The governor or chief justice must appoint a judge from the commission's list, and the appointee must then be confirmed by the Hawaii State Senate.

If the Senate does not act within 30 days, the appointment is automatically confirmed. If the Senate rejects a nominee, the governor or chief justice has 10 days to choose another person from the list. This process continues until an appointee is confirmed by the Senate. If no appointment is made after all options are exhausted, the commission will make the appointment without Senate approval.

What are the arguments surrounding the amendment?

See also: Support and Opposition

Sen. Karl Rhoads (D-13), in his report on the Senate Judiciary Committee's findings, said "Judicial appointments have been made throughout the year, including during the interim when the Senate is not in session, requiring the Senate to convene a special session to consider the appointments.  Each special session costs approximately $5,000 for airfare and per diem for neighbor island senators, in addition to senator and staff time, and some special sessions address just one or two appointments.  Accordingly, this measure will provide flexibility in the scheduling of special sessions and may reduce the number of special sessions by lengthening the period of time allowed for the Senate to consider judicial appointments when the Senate is not in regular session or is about to adjourn the regular session."

Rodney A. Maile, administrative director of the courts, testified on the amendment before the Senate Judiciary Committee. Maile wrote, "The Judiciary takes no position on this measure but offers the following comments. If the constitutional amendment proposed by this measure passes and is approved by voters, it could leave judicial vacancies unfilled for an extended period of time, depending on when a vacancy occurs. We would note that the current process of filling judicial vacancies is already time-intensive, with the posting of notice of the vacancy, application deadlines, candidate interviews, and the determination of qualified applicants in some cases taking more than a year after a vacancy occurs. This proposed change would prolong the period of vacancy for certain appointments thus delaying the onboarding of new justices and judges."

Text of measure

Ballot question

The ballot question is as follows:

“

Shall the Constitution of the State of Hawaii be amended to allow the Senate more time to consider and act on the appointments of justices and judges, by increasing the timeframe from thirty days to sixty days for appointments made between April 1 and December 31 when the Senate is not in regular session or is about to adjourn the regular session?

”

Constitutional changes

See also: Article VI, Hawaii Constitution

The measure would amend Article VI of the Hawaii Constitution. The following struck-through text would be deleted and underlined text would be added.

Note: Hover over the text and scroll to see the full text.

APPOINTMENT OF JUSTICES AND JUDGES

Section 3. The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit courts by appointing a person from a list of not less than four, and not more than six nominees for the vacancy presented to the governor by the judicial selection commission.

If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, or sixty days if the appointment is made between April 1 and December 31, the senate shall be deemed to have consented to that appointment. If the senate rejects any appointment, the governor shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the judicial selection commission shall make the appointment from the list, without senate consent.

The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than four and not more than six nominees for the vacancy presented to the chief justice by the judicial selection commission. If the chief justice fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, or sixty days if the appointment is made between April 1 and December 31, the senate shall be deemed to have consented to that appointment. If the senate rejects any appointment, the chief justice shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the judicial selection commission shall make the appointment from the list, without senate consent. The chief justice shall appoint per diem district court judges as provided by law.

The judicial selection commission shall disclose to the public the list of nominees for each vacancy concurrently with the presentation of each list to the governor or the chief justice, as applicable.

Support

Supporters

Officials

• Sen. Dru Kanuha (D)
• Sen. Michelle Kidani (D)
• Sen. Karl Rhoads (D)

Arguments

• Sen. Karl Rhoads (D-13): "Judicial appointments have been made throughout the year, including during the interim when the Senate is not in session, requiring the Senate to convene a special session to consider the appointments. Each special session costs approximately $5,000 for airfare and per diem for neighbor island senators, in addition to senator and staff time, and some special sessions address just one or two appointments. Accordingly, this measure will provide flexibility in the scheduling of special sessions and may reduce the number of special sessions by lengthening the period of time allowed for the Senate to consider judicial appointments when the Senate is not in regular session or is about to adjourn the regular session."

Opposition

Arguments

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Hawaii ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Judicial selection in Hawaii

See also: Judicial selection in Hawaii

The five justices of the Hawaii Supreme Court, seven judges of the Hawaii Intermediate Court of Appeals, and 33 judges of the Hawaii Circuit Courts are appointed by the governor. Judges of the Hawaii District Courts are appointed by the chief justice of the state supreme court.

Judges are selected through an assisted appointment method in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the appointing authority, who appoints a judge from the list.

The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a list to the governor or chief justice. The commission is made up of nine members: two appointed by the governor, two appointed by the state Senate president, two appointed by the state House speaker, two appointed by the Hawaii Bar Association, and one appointed by the chief justice of the supreme court.

The governor or chief justice must appoint a judge from the commission's list, and the appointee must then be confirmed by the Hawaii State Senate.

If the Senate does not act within 30 days, the appointment is automatically confirmed. If the Senate rejects a nominee, the governor or chief justice has 10 days to choose another person from the list. This process continues until an appointee is confirmed by the Senate. If no appointment is made after all options are exhausted, the commission will make the appointment without Senate approval.

Justices and judges must be licensed to practice law in Hawaii for at least 10 years (for appellate and circuit courts) or five years (for district courts), and cannot engage in law practice or hold another public office while serving. Justices and judges serve ten-year terms, with district court terms set by law. Reappointment requires a petition to the commission, which determines whether a judge or justice will be retained. To continue to serve on the court, they must receive a majority vote of the selection commission.

The mandatory judicial retirement age in Hawaii is 70.

Selection methods for state supreme court judges

The following map shows selection methods used in each state for state supreme court judges.

The map below highlights selection methods in state supreme courts across the country.

The chart below details selection methods in state supreme courts across the country.

Judicial selection methods in state supreme courts
Partisan election	Nonpartisan election	Gubernatorial appointment	Legislative election	Michigan method	Assisted appointment
Alabama Illinois Louisiana New Mexico North Carolina Ohio Pennsylvania Texas (two courts)	Arkansas Georgia Idaho Kentucky Minnesota Mississippi Montana Nevada North Dakota Oregon Washington West Virginia Wisconsin	California Maine Massachusetts New Hampshire New Jersey	South Carolina Virginia	Michigan	Alaska Arizona Colorado Connecticut Delaware District of Columbia Florida Hawaii Indiana Iowa Kansas Maryland Missouri Nebraska New York Oklahoma (two courts) Rhode Island South Dakota Tennessee Utah Vermont Wyoming
Total: 8 states	Total: 13 states	Total: 5 states	Total: 2 states	Total: 1 state	Total: 21 states & D.C.

Hawaii Judicial Appointments and Confirmations Amendment (2024)

See also: Hawaii Judicial Appointments and Confirmations Amendment (2024)

The most recent amendment to Article VI of the Hawaii Constitution, which concerns the state judiciary, was approved by voters in 2024.

The measure amended the state constitution to make the process for judicial appointments made by the chief justice to district courts the same as the process for appointments made by the governor to intermediate appellate court, circuit court, supreme court, and office of the chief justice.

Path to the ballot

Amending the Hawaii Constitution

See also: Amending the Hawaii Constitution

A two-thirds (66.67%) vote is required during one legislative session or a simple majority vote in two successive legislative sessions for the Hawaii State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 35 votes in the Hawaii House of Representatives and 17 votes in the Hawaii State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Senate Bill 121 (2025)

The following is the timeline of the constitutional amendment in the state legislature:

• January 15, 2025: Senate Bill 121 (SB 121) was introduced.
• January 28, 2025: The judiciary committee voted 5-0 recommending the measure be passed.
• February 26, 2025: The ways and means committee voted 13-0 recommending the measure be passed.
• March 4, 2025: The Hawaii State Senate passed SB 121 by a vote of 25-0.
• March 11, 2025: The committee on judiciary and Hawaiian affairs voted 8-2 recommending the measure be passed.
• March 31, 2025: The committee on finance voted 14-0 recommending the measure be passed.
• April 4, 2025: The Hawaii House of Representatives passed SB 121 by a vote of 42-6.

Partisan Direction Index = Democratic (+54.6%)

Democratic Support

100%

Republican Support

45.5%

Hawaii State Senate

Voted on March 4, 2025

Votes Required to Pass: 17
	Yes	No	NV
Total	25	0	0
Total %	100.0%	0.0%	0.0%
Democratic (D)	22	0	0
Republican (R)	3	0	0

Hawaii House of Representatives

Voted on April 4, 2025

Votes Required to Pass: 34
	Yes	No	NV
Total	42	6	2
Total %	84.0%	12.0%	4.0%
Democratic (D)	40	0	2
Republican (R)	2	6	0

How to cast a vote

See also: Voting in Hawaii

See below to learn more about current voter registration rules, identification requirements, and poll times in Hawaii.

How to vote in Hawaii

Poll times

As of 2020, Hawaii is an all-mail voting state, which means that its elections are conducted almost exclusively by mail. There are voter service centers that are open from 7:00 a.m. until 7:00 p.m. Hawaii Standard Time on election day, and with varying hours for ten business days prior to each election, to receive personal delivery of mail-in ballots, accommodate voters with special needs, offer same-day registration and voting, and provide other election services.

To find the locations and hours of voter service centers, see here.

Registration

Check your voter registration status here.

To register to vote in Hawaii, one must be a United States citizen, a resident of the state, and at least 18 years old. Pre-registration is available beginning at age 16.

Registration can be completed in the following ways:

Online: Visit olvr.hawaii.gov. You must have a current Hawaii Driver’s License or State ID to complete an application online.

Mail: Print & submit a completed Voter Registration Application to your Clerk’s Office. Paper application must be submitted to the county elections division by 4:30 PM on the tenth day before each election.

In-person: Visit the Office of Elections or a Clerk’s Office to submit an application in person.

Applications are available at any of the following locations:

• County Elections Divisions
• Clerk’s Offices
• State Libraries
• U.S. Post Offices
• Most State Agencies
• Satellite City Halls

Same-day voter registration is available at voter service centers, to register and vote in-person, beginning 10 days prior and through election day. Paper registration applications must be submitted to county election divisions by 4:30 PM on the tenth day before each election. Once you are registered, you do not need to re-register for another election unless your residence address, mailing address, or name changes. Hawaii adopted same-day registration in 2014; implementation occurred in 2018.

Automatic registration

Hawaii offers automatic voter registration for eligible individuals through the Department of Motor Vehicles when they complete a driver license or state ID application, and the Department of Health and Department of Human Services when applying to receive public assistance.

Online registration

See also: Online voter registration

Hawaii has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Hawaii allows same-day voter registration.

Residency requirements

To register to vote in Hawaii, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. The voter registration application includes the following language: "The residence stated in this affidavit is not simply because of my presence in the State, but was acquired with the intent to make Hawaii my legal residence with all the accompanying obligations therein."

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Hawaii does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "any person who knowingly furnishes false information may be guilty of a Class C felony."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

Hawaii's Online Voter Registration System, run by the Hawaii Office of Elections, allows residents to check their voter registration status online.

Voter ID requirements

Voters in Hawaii are not generally required to present identification while voting. In 2019, the statute requiring voters to present identification if so requested by a precinct official was repealed.

When registering to vote for the first time, a Hawaii Driver License, Hawaii State ID, or the last 4-digits of the voter's Social Security Number is required. If none of these can be provided, one of the following must be provided as proof of identification:

• A current and valid photo identification; or
• A current utility bill, bank statement, government check, paycheck, or other government document that shows your name and address.

See also

2026 measures

• 2026 ballot measures
• State judiciary on the ballot

Hawaii

• Hawaii ballot measures
• Hawaii ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Bill 121

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