SB 311 Hawaii Senate · 2026 Regular Session

PROPOSING AN AMENDMENT TO THE HAWAII STATE CONSTITUTION REGARDING THE FREEDOM OF SPEECH.

Summary
Proposes an amendment to the Hawaii State Constitution to provide that freedom of speech protected under the Hawaii State Constitution does not include the expenditure of money to influence elections. Effective 7/1/3000. (HD1)
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House Passage
Governor
Introduced Jan 14, 2025 Last action Dec 8, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

SB311_HD1 → SB311_SD1 · 3 edits
MINOR
The bill was updated from a House Draft (HD1) to a Senate Draft (SD1), reflecting procedural changes in the legislative process. The most significant substantive change is the addition of a contingency clause to the ballot question, which clarifies that the proposed constitutional amendment only takes effect if the U.S. Supreme Court overturns or Congress overrides key free speech precedents like Citizens United. Additionally, the effective date was removed from the text, relying solely on the standard constitutional compliance process, and minor formatting corrections were made to the citation of a Supreme Court case.
Scope change
The scope of the proposed constitutional amendment was refined to be conditional; it now explicitly states that the restriction on speech protections applies only if federal law changes to allow corporate spending on elections.
TIMELINE

The specific effective date of July 1, 3000, was removed, leaving the amendment to take effect only upon compliance with the state constitution's amendment procedures.

SCOPE

The ballot question was expanded to include a contingency clause, specifying that the constitutional change applies only if federal courts or Congress invalidate current U.S. Supreme Court rulings on corporate election spending.

TECHNICAL

A citation to a Supreme Court case was corrected to include the proper page number, and the bill header was updated to reflect the Senate version.

Floor votes · Senate Mar 4, 2025

How they voted

25–0
Passed
Total votes 25
Mar 4, 2025
D Democratic22
22 Yea
100% Yea
R Republican3
3 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
5
Committee
7
Amendments
1
Mar 18, 2025
Committee
Reported from JHA (Stand. Com. Rep. No. 1329) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
lower
Mar 12, 2025
Lower · Passed
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 1 Excused: Representative(s) Cochran.
lower
Mar 10, 2025
Introduced
Notice of bill proposing constitutional amendment transmitted to Governor pursuant to Article XVII, Section 3 (Sen. Com. No. 1).
upper
Mar 6, 2025
Committee
Referred to JHA, FIN, referral sheet 19
lower
Mar 4, 2025
Introduced
Received from Senate (Sen. Com. No. 130) in amended form (SD 1).
lower
Mar 4, 2025
Upper · Passed
Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House.
upper
Feb 27, 2025
Upper · Passed
Report adopted; Passed Second Reading, as amended (SD 1).
upper
Jan 30, 2025
Upper · Passed
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
upper
Jan 29, 2025
Committee
Re-Referred to JDC.
upper
Jan 27, 2025
Upper · Passed
The committee(s) on JDC has scheduled a public hearing on 01-30-25 9:15AM; Conference Room 016 & Videoconference.
upper
Jan 21, 2025
Committee
Referred to JDC, WAM.
upper
Jan 15, 2025
Introduced
Introduced and passed First Reading.
upper
Jan 14, 2025
Introduced
Pending Introduction.
upper
8 primary · 2 co-sponsors

Sponsors