From: HawaiiGay1@aol.com
Date: Sat, 15 Feb 1997 22:25:43 -0500 (EST)
Subject: Correction on Super Majority term

Aloha Jeff,  

You actually missed the point of supermajority.

Supermajority is used in legislative and constitutional balloting issues for
two-thirds or three quarters of those voting.  This is indeifference to
simple majority - 50% plus one vote which is most common.

What Hawaii's Constitutional Convention is based on is 50% plus one vote.
 The problem is that clearly for an amendment to our constitution this 50
plus one puts all no votes is the negative column, thus added to negatives.
 No votes then become actual voting no and those who did not vote at all on
the measure.  If yes votes exceeds this number it passes as an amendment.

Unfortunately the language to determine a constitutional convention was less
precise.  For this reason the yes's won by more than 3,000 votes over the no
votes.  So that the 50 plus one vote would have won the ballot issue.
 However, there were 45,000 blank or no votes.   Since the constitutional
language for ballot votes for the constitutional convention does not clearly
say how the blanks are to be counted in this situation, there is a court case
challenging the attorney general's position that the measure passed.  On the
surface it looked like the AG was right.  However, in looking to the journal
of the constitutional convention that created this section, it clearly says
the blanks were also to be counted as no.   If they are n deed counted as
no's then the simple majority was not reached and there will be no
constitutional convention.

The State Supreme Court is expected to rule in next few weeks as to reality
of a constitutional convention to be held beteen this year and the year
2,000.

Importantly, without the clear decision on the constitutional convention the
legislature is drawing up legislation designating the date, number of
delegates for the convention and the date of when their amendments would be
voted on.  One group wants it as quick as possible to vote on their
amendments in 1998 and another wants the delegates elected in 1998 election
and convention after that with voting on amendments in the year 2,000.

We have a lot on our plate here.   We do have to be careful of the language
and the meaning behind all the terms we are using.  Who would have thought
that one little case in Hawaii would have the world debating their own laws,
constitutions, and who is deserving of human and equal rights????

Do good,

Bill
Hawaii Gay Marriage Project
GLEA Foundations

Donations gratefully accepted to continue our advocacy, lobbying, education,
and legal same-sex marriage promotion here and around the world.  Remember we
initiated the lawsuit by bringing the couples together, hiring the legal
counsel, and beginning the ongoing process of education of our community as
well as the general community.

Donations are tax-deductible under IRS Guidelines.  

Donations to:  Hawaii Gay Marriage Project (or GLEA Foundation), P.O. Box
37083, Honolulu, Hawaii  96837    (808) 532-9000