THE SENATE	S.R. NO.	142
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

SENATE RESOLUTION

 

 

REQUESTING THE THIRTY-FOURTH LEGISLATURE OF THE STATE OF HAWAII TO AMEND ITS INTERNAL RULES TO ELIMINATE THE FORMAL VOTE OPTION OF "WITH RESERVATIONS".

 

 

     WHEREAS, at the start of each biennium, each chamber of the Legislature adopts its own set of procedural rules setting out how votes are taken, what options members have, and how votes are formally recorded; and

 

WHEREAS, both chambers of the Hawaii State Legislature currently permit members to vote "aye" or "no" on a measure, in addition to voting "with reservations"; and

 

     WHEREAS, Rule 71(1) of the 2025-2026 Rules of the Senate states "a member voting "with reservations" shall be counted as a favorable vote"; and

 

WHEREAS, Rule 11.6(2) of the 2025-2026 Rules of the House of Representatives specifies for committee decision making "any member voting "with reservations" shall be deemed to be in favor of the recommendation" with the same holding true in practice for floor votes, though not explicitly stated; and

 

WHEREAS, while "with reservations" votes allow members to keep a bill alive while still indicating their lack of total support, it oftentimes is employed to avoid having to record a clear stance; and

 

     WHEREAS, the 76 members of the Hawaii State Legislature are expected by their constituencies to vote for or against policies, yet the lack of a binary vote requirement lets legislators straddle both sides of an issue; and

 

     WHEREAS, the Hawaii State Legislature is unique in that it is the only state legislature which permits "with reservations" as a formal vote; and

 

     WHEREAS, with the start of the Thirty-Fourth Legislature occurring in a few months' time, this voting method which sets us apart from the rest of the nation will again be reconsidered; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that members of the Thirty-Fourth Legislature of the State of Hawaii, Regular Session of 2027, are requested to amend the internal rules of both chambers to eliminate the formal vote option of "with reservations"; and

 

     BE IT FURTHER RESOLVED that the Senate Chief Clerk and House Chief Clerk are to send copies of this Resolution upon official certification of the 2026 general election results to all duly elected members of the Legislature; and

 

     BE IT FURTHER RESOLVED that the Senate Chief Clerk and House Chief Clerk are to also send copies of this Resolution to the 12 members of the Hawaii State Senate whose terms continue into the Thirty-Fourth Legislature at this same time; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Senate Chief Clerk and the House Chief Clerk.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

Thirty-Fourth Legislature; Voting; With Reservations