Question No. 1

Legislative candidate residency requirement

This would require candidates to become registered voters in a legislative district before filing papers to run for state senator or representative.

It only makes sense that a candidate should be an involved resident of the district he or she hopes to represent. Today, a candidate does not have to move into the district unless he or she is elected.

We urge a "YES" vote.

Question 2

Assisting not-for-profit private schools, colleges and universities

This would allow such private schools to borrow money using state-authorized tax-free bonds, much as public utilities, nonprofit hospitals and other entities can do today. Since the bonds are tax-free, borrowing rates are lower and the schools save money.

At a practical level, this idea makes sense. It would allow private schools to improve or expand at no cost to the taxpayers, since these "special purpose revenue bonds" are not backed by the "full faith and credit" of the state. That is, if there is a default, the school would be responsible, not the taxpayers.

Since no money is taken away from the public schools and the private schools improve, this idea is a win-win for everyone, supporters say. After all, these are all our children.

On a philosophical level, however, this proposal is dangerous. It asks the state to use its sovereign power to help private schools improve their quality and/or capacity. Private schools drain motivated, role-model students, committed parents and resources (in the form of extra support or volunteer help) from the public schools.

To the degree parents of private school students have "solved" their own educational needs, this system also drains political will away from the effort to improve our public schools.

That has to change.

The shortcomings of our public schools cannot and should not be blamed on the private school system. The problem is the failure of policy-makers to do what is necessary to have our public schools succeed.

While the state should do nothing to keep private schools from existing and prospering, it should draw as bright a line as possible against using its sovereign power to help those schools compete with public education.

In addition, although it can be argued that private schools help educate contributing citizens of Hawai'i, they are in the end selective. They admit only those they choose to admit.

Thus, they do not directly serve the general public in the same way a utility offers service to all who desire it or a nonprofit hospital accepts all patients.

We urge a "NO" vote.

Question 3

Initiation of felony prosecutions by written information

This would allow prosecutors to initiate felony prosecutions by filing of a signed, written "information" (usually a police report and associated documents). Today, felony prosecutions are launched by a preliminary hearing before a judge or through the grand jury.

This idea has the potential to save considerable amount of time and money for the state as well as easing the burden on witnesses and police and alleged victims.

However, as presented, the amendment gives no details on how this would work in practice. In fact, the constitutional change as written does not even require that the information be reviewed by a judge.

In the words of opponents, at this moment it is very much a "pig in a poke."

Details are supposed to be worked out by the Legislature. But voting for the change now would be a gamble, because voters have no idea how the Legislature would put it into effect.

In fact, lawmakers last year asked for a study of how this process works in other states, so even they are not clear on the best course.

Until we know the details, it is best not to change this important constitutional protection.