Before stepping into the voting booth or casting a mail-in ballot, voters may want to familiarize themselves with the following five proposed statewide constitutional amendments on the ballot.
Leaving a question blank counts as a "no" vote.
Relating to Disclosure of Judicial Nominees
"Shall the judicial selection commission, when presenting a list of nominees to the governor or the chief justice to fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court, circuit courts or district courts, be required, at the same time, to disclose that list to the public?"
This issue arose when Gov. Neil Abercrombie failed to disclose in 2011 the shortlist of nominees to the Hawaii Supreme Court recommended by the Judicial Selection Commission.
Proponents say the practice would allow for transparency, promote community discussion in vetting the candidates and is in line with the open-records law.
Opponents say that public disclosure would have a chilling effect on potential applicants and discourage worthy candidates from applying.
All judicial appointments are subject to Senate confirmation.
After the Honolulu Star-Advertiser filed a lawsuit alleging Abercrombie’s refusal violated the state Uniform Information Practices Act, which mandates government records be open to the public, a circuit judge ordered him to release the names.
After the ruling, the commission revised its process in late 2011 to release the shortlist for nominations.
Gov. Linda Lingle released the names and sought public input before making appointments. Gov. Ben Cayetano publicly named judicial applicants after he made his nomination. Govs. George Ariyoshi and John Waihee did not disclose the names.
Relating to Agricultural Enterprises
"Shall the State be authorized to issue special purpose revenue bonds and use the proceeds from the bonds to assist agricultural enterprises on any type of land, rather than only important agricultural lands?"
hawaii’s Constitution was amended several years ago to authorize the state to issue these bonds to landowners who voluntarily designate their land as important agricultural lands.
This was an incentive to get large agricultural landowners to commit to keeping the land in agriculture and putting fallow land into production.
Proponents say this amendment will assist agricultural enterprise in production or processing of crops, vegetables, fruits, livestock and poultry.
Currently the state Constitution limits this type of financing for agricultural projects on important agricultural lands to landowners who voluntarily designated their land as such.
Eliminating this limitation would help to finance projects such as food processing facilities, slaughterhouses and biofuel processing plants to be built on land not designated IAL.
That could also provide an avenue for farmers to form a cooperative to build a processing facility to create value-added products.
Opponents say it would eliminate any incentive for landowners to commit to agriculture over the long term. It also allows landowners to put in improvements that later serve a different purpose when the land is developed.
State Sen. Laura Thielen said that while the idea sounds good, it will not help small and midsize farms, which may be unable to qualify for such financing even if they form a hui or co-op.
It will only open the door to larger enterprises that could use this for development of large residential estates with a small agricultural component by using a very expanded definition of agricultural enterprises, she said.
Too much privately held agricultural land lies fallow because "it’s essentially being ‘banked’ for future development," she said.
Relating to State Justices and Judges
"Shall the mandatory retirement age for all state court justices and judges be increased from seventy to eighty years of age?"
Hawaii is among a majority of states requiring state judges to step down because of age, but at least 20 states have no age limitations.
The purpose of the measure is to ensure an adequate number of state justices and judges to meet the needs of the judicial system.
The Judicial Performance program periodically conducts performance reviews and evaluations of judges.
Proponents say the requirement is age discrimination, that competency should be the sole criterion and that many highly esteemed justices of the U.S. Supreme Court have served beyond the age of 70.
No age limits are placed upon federal judges and justices.
Supporters say the age limit, approved in 1959 when the state Constitution was adopted, is outdated and that people now live longer, healthier and more productive lives well past 70.
They also say that because appointments are made for a specified number of years, there is still opportunity for scrutiny from the bar and the community for a judge who applies for reappointment.
Opponents say the issue is one of opportunity for judicial nominees with a fresh approach in analyzing the laws, that a limited number of people are making most of the important public policy decisions in the state and that a mandatory age limit is sometimes the only opportunity for change.
Relating to Early Childhood Education
"Shall the appropriation of public funds be permitted for the support or benefit of private early childhood education programs that shall not discriminate on the basis of race, religion, sex or ancestry, as provided by law?"
Whether the state can fund partnerships with private preschools to build capacity and ultimately serve all of the state’s 17,000 4-year-olds with a publicly funded preschool education has become a divisive issue among early-learning advocates and the union for public school teachers.
The Good Beginnings Alliance-Children’s Action Network, a nonprofit advocate, argues that the proposal will make preschool more widely available to families, especially low-income families.
The Hawaii State Teachers Association opposes the proposal, contending that preschool programs should be available to all children, free of charge, at public schools.
Hawaii is one of 10 states without state-funded universal preschool, and the only state in the country that prohibits public funds from benefiting private educational institutions.
Relating to Dams and Reservoirs
"Shall the State be authorized to issue special purpose revenue bonds and use the proceeds from the bonds to offer loans to qualifying dam and reservoir owners to improve their facilities to protect public safety and provide significant benefits to the general public as important water sources?"
More than 80 percent of the dams and reservoirs in Hawaii were built before 1940 to support sugar cane plantations, the state says.
The 2006 Ka Loko Dam breach on Kauai, which killed seven people, was the impetus for this measure. The dam’s owner, James Pflueger, was sentenced Oct. 15 to seven months in jail for his role in the deaths. Pflueger was accused of filling in the earthen dam’s safety spillway.
Proponents say that because of the aging dams and reservoirs and deferred maintenance due to the sugar industry’s demise, many owners do not have the resources to fund the needed safety improvements. Failure to make these improvements poses a risk to life and property, they say.
They also say dams and reservoirs are a resource for farms; provide potable water, flood control and hydropower; and reduce sediment on near-shore reefs — key to a sustainable agricultural system and to the water and environmental health of the state.
Opponents say the proposed revenue bonds would likely end in permanent indebtedness to the state because it is unlikely the revenue generated by a dam or reservoir would be sufficient to pay the interest or even the principal on the bonds, and could expose the state to liability.
