Hawaii Senate bills would ban candidates for insurrection

Jan. 29—State Sen. Karl Rhoads has received "almost death threats" on social media after introducing two bills that would disqualify anyone from seeking political office who "participates in

insurrection."

The name Donald Trump does not appear on either Senate Bill 2392 or SB 2393, and Rhoads said the bills apply to any political candidate.

"If Joe Biden is ever accused of fomenting insurrection, it would apply to him," Rhoads said. "The fact is he hasn't been — yet, anyway. ... It's not just Trump. But certainly, Trump's behavior got people thinking about it."

The level of

vitriol — including "scatological references" from about two dozen critics making threats to Rhoads online — suggests that some people in Hawaii believe the bills are aimed

directly at Trump.

"My father died fairly recently, and I had posted an Instagram about when his funeral was going to be," Rhoads said. "The guys would come in there and say, 'Clearly, your dad was a Trump supporter. He would be so ashamed of you.' Stuff like that. I don't know what happened to just saying, 'I disagree with the bill that you introduced.' They have to make it personal. ... Besides that, they're just dead wrong. My father hated Trump. My father felt that Trump was literally the devil incarnate. It's unbelievable what people will say."

SB 2392 would exclude any political candidate — or elector from voting for president or vice president — "who is disqualified by a constitutional or statutory provision."

SB 2393 calls for an amendment to Hawaii's Constitution to align language with the U.S. Constitution.

Hawaii's Constitution says a candidate can be disqualified for a "conviction" of

insurrection. The 14th Amendment of the U.S. Constitution, however, says "nothing" about having been convicted, Rhoads said.

Both bills have been referred to the Senate Judiciary Committee, which Rhoads chairs.

Because of Trump's role in the Jan. 6, 2021, assault on the U.S. Capitol, Colorado's Supreme Court ruled that Trump is ineligible to run, and then Maine's secretary of state decided the same — but the issue will likely be decided by the U.S. Supreme Court.

The language in the U.S. Constitution dates back to the end of the Civil War, when language in the

14th Amendment was changed in an effort to prevent Confederates from resuming power.

Tamara McKay, chair of the Republican Party of Hawaii, told the Honolulu Star-Advertiser that Rhoads' bills represent "a dangerous bar to set no matter what party you're in" and premature until the U.S. Supreme Court potentially rules.

In a statement, the Republican Party of Hawaii focused on SB 2392 — which would "exclude any candidate who is disqualified by a constitutional or statutory provision" — calling it "a disturbing proposal that threatens the very essence of democratic principles and the constitutional rights of the people."

The statement said that Trump "has not been convicted of insurrection."

"In a democracy, individuals should have the right to vote for whomever they believe best

represents their values, interests, and well being of this country.

"Whether Democrats or Republican, this bill needs to be voted down and consider the precedence it may set for the future."