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Should an appointed state commission be able to change the state Constitution?
That is the bottom-line question for the 2011 Reapportionment Commission. In an 8-1 vote, the commission voted to ignore a constitutional amendment passed by voters in 1992 that requires that only permanent residents shall be counted for purposes of state redistricting.
Records show that the legislative intent was to not count nonresident military and their dependents as permanent residents. Voters were advised of this in a fact sheet posted at precincts and sent out with absentee ballots. Newspaper articles and editorials discussed this issue. The amendment passed overwhelmingly.
In view of that background, why is the Reapportionment Commission even discussing this?
A litttle history: In 2001, the commission voted, 5-4, to include the nonresident military. That meant Maui would be deprived of a new House seat. A big stink followed and the commission chairman, a former attorney general and honorable man, changed his vote and supported the exclusion. Maui got a new House seat.
The real reason behind this latest move is that Oahu is in a turf war. It’s a stacked deck since eight of the commissioners are from Oahu. If a new Senate seat goes to the Big Island, Oahu loses a Senate seat. The commission would rather build an "empty district" filled with nonresident military who do not vote in Hawaii than give a legislative seat to the neighbor islands. Under the guise of being pro-military, it deprives permanent residents of the island of Hawaii a new Senate seat.
One little problem: In 2005 the state Supreme Court heard a case — County of Hawaii v. Citizens for Equitable and Responsible Government. The court ruled that nonresident military and their dependents should not be included for purposes of reapportionment, referencing "the transitory nature of military personnel."
The Maui Advisory Council raised this case to the commission, which in turn, asked for an opinion from the state attorney general. It got that opinion but refused to release it to the public. So much for transparency. Then the commission voted on the issue without it being posted on the agenda. Only Commissioner Tony Takitani from Maui voted against the motion to include.
State Rep. Robert Herkes, from Hawaii island, then asked for an AG opinion on the same issue. He received that opinion, which clearly stated that the state Supreme Court would likely uphold the constitutional amendment exclusion of nonresident military. Despite the commission’s attempts to make this deal in the back room, the released opinion throws the doors open and lets the sunshine in.
If the commission does not alter its vote on this matter, neighbor island citizens will have to go to court to seek justice and equality for permanent residents residing on the Big Island. In the meantime, to comply with time constraints, new district maps will be drawn. If the court rules in favor of justice for the growing population of the neighbor isles, those district maps will have to be redrawn — a giant waste of time and money because eight commissioners ignored the law.
This commission’s decision, should it prevail, will set a dangerous precedent. Next time around, more than one of the neighbor isles, which are experiencing rapid growth, could be deprived of another legislative seat to an "empty district" on Oahu.
If you think that justice should prevail over politics, let the commission know it should follow the law. Attend a meeting, or send an email message to Chairwoman Victoria Marks at Carolyn.L.Roldan@hawaii.gov. Stand up for fair representation for all the islands in our state Legislature.
Your voice can count. Public outcry is how Maui won its new seat in 2001.
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