U.S. high court halts balloting for delegates to Hawaiian body

The U.S. Supreme Court on Wednesday formally granted an injunction blocking the Na‘i Aupuni Hawaiian self-governance election while the 9th U.S. Circuit Court of Appeals considers the case challenging it.

Under the order, Na‘i Aupuni officials are prohibited from counting ballots and certifying the winners of the election until the appellate court makes a decision.

“The decision by the Supreme Court shows that a majority of the justices find our legal case compelling,” Keli‘i Akina, president of the Grassroot Institute of Hawaii, said in a statement.

In its application for the injunction, the plaintiffs argued that “enormous political, social and economic consequences are at stake. The delegates chosen through this election will decide whether to adopt a new government that will affect every individual living in the state, as well as hundreds of thousands of individuals identified as Native Hawaiians.”

The plaintiffs also said that there would be “no remedy if the votes in this election are counted and the results certified. This election cannot be undone.”

The order was granted by a narrow court majority, with the dissenting liberal justices — Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan — indicating that they “would deny the application (for injunction),” according to the order.

Akina is one of six people suing the state for running what they call an illegal, race-based election.

“This is a powerful step in holding the Office of Hawaiian Affairs and Native Hawaiian Roll Commission accountable for their unconstitutional and un-Hawaiian attempts to divide people based on race,” he said.

Native Hawaiians continue to vote for delegates to a convention next year to come up with a self-governance document to be ratified by Native Hawaiians.

The nonprofit Na‘i Aupuni issued a statement Wednesday in response to the court ruling:

“Na‘i Aupuni stands by its commitment to provide a legal process for Native Hawaiians to elect leaders to convene to reorganize a government. We believe the process aligns with the U.S. Constitution, and that the U.S. 9th Circuit Court of Appeals ultimately will let the election process proceed. We will ask the appeals court to expedite the hearing so that votes can be counted and the constitutional convention, or ‘Aha, can proceed this summer.”

The statement continued: “Native Hawaiian self-governance has been discussed for over 120 years. We encourage voters to cast their ballots before the Dec. 21 deadline. Your vote is the mana to unify us.”