Hawaii: Native Hawaiians defend against contempt plea | SCOTUS Blog

A group of Hawaiians seeking to create a new tribal nation inside the state moved on Monday to head off a contempt order in the Supreme Court. They have done nothing to violate a Supreme Court order a month ago that blocked an election to select delegates to a convention to write a constitution, the group argued. They told the Court that they were going ahead with a convention, and contended that they had a First Amendment right to do so. That appeared to be an attempt to prevent a further attempt to interrupt the path toward a new nation. Their defense of their actions in recent weeks was siupported by the state government.Several Hawaii residents have formally asked the Supreme Court to hold in contempt the private group that ran, and then ended, the election for delegates.

Hawaii: Na’i Aupuni cancels Native Hawaiian election | Honolulu Star-Advertiser

Facing a potential court battle that could go on for years, Na‘i Aupuni announced this morning that it will cancel the Native Hawaiian election and proceed to a four-week convention in February. All 196 Hawaiians who ran as candidates will be offered seats as delegates to the convention, or ‘aha, said Na‘i Aupuni President Kuhio Asam. “Our goal has always been to create a path so that Hawaiians can gather and have a serious and much-needed discussion about self-governance,” Asam said at a downtown Honolulu press conference this morning. “We anticipated that the path would have twists and turns and some significant obstacles, but we are committed to proceeding to the ‘aha where this long-overdue conversation can take place,” he said.

Hawaii: Native election foe: Stopping vote proves bias | Associated Press

An opponent of an election for Native Hawaiians says the decision to cancel the process proves it’s discriminatory. Kelii Akina is one of those challenging the election terminated Tuesday. He is a plaintiff in a lawsuit that argues Hawaii residents without Native Hawaiian ancestry are unconstitutionally excluded from voting. The challenge reached the U.S. Supreme Court, which recently granted an injunction to stop ballots from being counted.

Hawaii: Guam plebiscite case similar, different from Hawaii | Pacific Daily News

A court case in Hawaii related to voting rights and race is similar to a case on Guam, but there are also important differences, an attorney involved with the Guam case said. The U.S. Supreme Court has halted the counting of ballots from a Hawaii election, which was held to select native Hawaiian delegates to draft a document for self-governance. The court has not issued an opinion on the issue, but halted the vote count pending further review. Attorney Christian Adams — one of the attorneys representing Guam resident Arnold Davis, who challenged Guam’s pending political status vote, saying it violates his voting rights — spoke in response to the case in Hawaii.

Hawaii: Supreme Court Blocks Native American Election Vote Count | Associated Press

The U.S. Supreme Court on Wednesday blocked votes from being counted in a unique election that’s considered a major step toward self-governance for Native Hawaiians. The high court granted an injunction requested by a group of Native Hawaiians and non-Hawaiians challenging the election. They argue Hawaii residents who don’t have Native Hawaiian ancestry are being excluded from the vote, in violation of their constitutional rights. The order blocks the counting of votes until at least the 9th U.S. Circuit Court of Appeals issues its ruling. The group suing to stop the election appealed a district court’s ruling allowing voting to proceed. University of California Irvine election law expert Rick Hasen said it’s “very unusual” for the high court to enjoin the counting of votes during an ongoing election. “I can’t think of another instance where the Supreme Court has done that,” Hasen said. “The court has stopped … the recounting of votes, for example most famously in Bush vs. Gore” in the 2000 presidential election.

Hawaii: Supreme Court Temporarily Blocks Vote Limited to Native Hawaiians | Wall Street Journal

A closely divided Supreme Court on Wednesday temporarily blocked Hawaii from counting votes in an election open only to descendants of its indigenous people, who were selecting delegates to an assembly that would propose greater self-government for Native Hawaiians. Several Hawaii residents who object to the process sued to cancel the election, contending the state has applied an unconstitutional racial test for voting, among other claims. The state argued the election wasn’t an official act at all, because a private nonprofit, Na’i Aupuni, formally is conducting it with grant funds provided by the Office of Hawaiian Affairs. Lower courts wouldn’t halt the election while the lawsuit proceeds, but the Supreme Court saw the matter differently. The high court forbade the counting of ballots or certification of winners until a “final disposition of the appeal” by the Ninth U.S. Circuit Court of Appeals, in San Francisco.

Hawaii: Native Hawaiian election halted | Pacific Daily News

The U.S. Supreme Court last week temporarily stopped Hawaii from counting ballots in a recent election of Native Hawaiian delegates over concerns by some the vote violates the U.S. Constitution by discriminating against voters who aren’t native Hawaiians. The delegates, once elected, would prepare a document for self-governance by native Hawaiians. Guam plans to hold a political status vote, limited to the island’s indigenous Chamorros, as defined by Guam law. The non-binding vote, or plebiscite, would be used to determine whether the island’s Chamorros prefer statehood, free association or independence. Guam currently is an unincorporated territory of the United States. The Guam vote is being challenged in federal court for allegedly discriminating against the island’s non-Chamorro voters. The case, filed by Guam resident Arnold Davis, who isn’t Chamorro, is scheduled to go to trial next July.

Hawaii: Kennedy temporarily blocks Hawaii vote count | SCOTUSblog

Showing some skepticism that an election now taking place in Hawaii is a purely private matter, Supreme Court Justice Anthony M. Kennedy on Friday temporarily blocked the ballot-counting after all the votes are in on Monday. The order was not a final action, hinting that there could be other orders within coming days. The balloting on a proposal to begin the process toward setting up a new nation of “native Hawaiians” within the state of Hawaii actually began on November 1, and concludes on November 30. Only “native Hawaiians” can vote. The challengers, contending that the election is an official election that is race-based and thus violates the Constitution, had not asked that the balloting be stopped, and Kennedy’s order does not do so. The state of Hawaii, with strong support from the federal Department of the Interior, favors a plan to create a new entity, something like an Indian tribe, that would give those who can show Hawaiian ancestry the right of self-determination, leading to the status of a sovereign nation.

Hawaii: U.S. Supreme Court justice temporarily halts Native Hawaiian election | West Hawaii Today

Supporters of a Native Hawaiian election of delegates to a February convention are urging voters to submit their ballots by the Monday deadline, despite an order Friday by U.S. Supreme Court Associate Justice Anthony Kennedy temporarily halting the counting of ballots or certification of winners. Kennedy’s one-sentence order was terse, saying only “respondents are enjoined from counting the ballots cast in, and certifying the winners of, the election described in the application, pending further order of the undersigned or of the Court.” It’s not uncommon for a single justice, the one assigned to a specific circuit, to unilaterally issue an order, Todd Belt, a political science professor at the University of Hawaii at Hilo, said Friday. It’s much less common for the court to act so quickly, Belt said. He said a notable example was the case of Bush v. Gore, during the contested 2000 presidential election. “They’ve been known to take cases very quickly,” Belt said. “It’s happened in the past and generally it’s done if there’s some sort of inherent harm.”

Hawaii: Supreme Court Justice Intervenes in Native Hawaiian Election | The New York Times

Justice Anthony M. Kennedy on Friday ordered officials in Hawaii not to count ballots or name the winners of an election there in which only people of native Hawaiian ancestry could vote. The justice’s order was a response to an emergency application from Hawaii residents who said the election violated the 15th Amendment, which bars race discrimination in voting. The election is to end on Monday, and Justice Kennedy’s order did not stop the voting. He apparently acted on his own, and his order may mean only that he wanted to preserve the status quo over a holiday weekend until the full court could consider the matter. The election is for delegates to a convention that would prepare a document on self-governance by Native Hawaiians. Under a definition in a 2011 law, only descendants of “the aboriginal peoples who, before 1778, occupied and exercised sovereignty in the Hawaiian islands” are eligible to vote.

Hawaii: Opponents ask high court to block Native Hawaiian vote count | Associated Press

Opponents of an election designed to be a significant step toward Native Hawaiian self-governance are asking the U.S. Supreme Court to block votes from being counted in what they argue is an unconstitutional, racially exclusive process. “This court’s intervention is urgently needed,” said the request filed Tuesday with Justice Anthony Kennedy, who can act on his own or get his colleagues involved. Native Hawaiians are voting to elect delegates for a convention next year to come up with a self-governance document to be ratified by Native Hawaiians. Voting ends Monday. A group of Native Hawaiians and non-Hawaiians is challenging the election, arguing Hawaii residents who don’t have Native Hawaiian ancestry are being excluded from the vote, in violation of their constitutional rights.

Hawaii: Hawaiians protest vote on future tribal plan | SCOTUSblog

A group of Hawiians, some of whom won’t be able to vote in a special election that ends on November 30 that is a prelude to recognizing a new Indian-like tribe including many residents, asked the Supreme Court to temporarily stop the completion of that election until their challenge can be decided. In an application filed Thursday night, the challengers argued that the election is based along strict racial lines, and is thus unconstitutional under the Fifteenth Amendment. The election — favored by the state and endorsed by the federal Department of the Interior — will be limited to a voter roll made up of people who can qualify as “native Hawaiians.” The election will choose delegates to a convention to write a constitution for what would be a new government entity, similar to a traditional Indian tribe. The aim is to give those who qualify a right of “self-determination.”

Hawaii: Federal appeals court won’t stop Hawaiian election vote count | Associated Press

Votes cast in an ongoing election for Native Hawaiians can be counted as planned, the 9th U.S. Circuit Court of Appeals ruled Thursday. Native Hawaiians are voting to elect delegates for a convention next year to come up with a self-governance document to be ratified by Native Hawaiians. They are the last remaining indigenous group in the United States that hasn’t been allowed to establish its own government. A group of Native Hawaiians and non-Hawaiians are challenging the election. One of their arguments is that it’s unconstitutional for the state to be involved in a race-based election. A federal judge in Honolulu ruled last month that the election may proceed. The challengers appealed and also filed an emergency motion to block the votes from being counted.

Hawaii: Judge OKs Native Hawaiian election | Associated Press

A federal judge ruled Friday that an election can go forward to choose delegates to draft a document allowing Native Hawaiians to govern themselves. U.S. District Court Judge J. Michael Seabright explained the election is a private poll — not one run by the state — as he denied a motion for a preliminary injunction to stop the vote set for next month. Native Hawaiians are the last remaining indigenous group in the U.S. that hasn’t been allowed to establish its own government.

Hawaii: Federal court hearing focuses on Native Hawaiian election | Associated Press

A federal court hearing is set over a lawsuit by people who want to put a stop to an election process that’s under way for Native Hawaiians. The lawsuit, filed in August, says it’s unconstitutional for the state to be involved in a race-based election. The state argues in court documents that while it had a role in compiling a roll of Native Hawaiians eligible to participate, it’s not involved in next month’s vote to elect delegates for a convention to determine self-governance for Native Hawaiians. Tuesday’s hearing is focused on the plaintiffs’ motion for a preliminary injunction. Plaintiffs want the judge to limit voter registration activities or stop the election altogether.

Hawaii: Delegates for Native Hawaiian election announced | Hawaii Tribune-Herald

Thirty-two candidates are running for seven positions as Hawaii Island delegates to a Native Hawaiian constitutional convention, or aha, set for early next year. In all, more than 200 candidates qualified for a total of 40 delegate positions, the organization in charge of the election and convention announced Wednesday. Native Hawaiians who registered to vote by Oct. 15 will be allowed to vote for delegates. More than 95,000 voters have registered to date. The delegates will spend eight weeks in Honolulu beginning in February, deciding what type of nation or government, if any, will be created or reorganized. Half of the delegates, 20, will come from Oahu, seven from Hawaii Island, seven representing out-of-state Hawaiians, three from Maui, two representing Kauai and Niihau and one representing Molokai and Lanai.

Hawaii: Preliminary Injunction Filed to Halt Biased Hawai‘i Election | Maui Now

The plaintiffs in the suit against the State of Hawai‘i and its agencies to stop the racially exclusive election and constitutional convention to establish a Native Hawaiians-only nation have filed a motion for a preliminary injunction, according to a press release from the Grassroot Institute of Hawai‘i. The motion asks the court to put the election on hold until after a decision is reached in Keli‘i Akina, et al vs. The State of Hawai‘i, et al. The group of four Native Hawaiians and two non-Native Hawaiians who filed the suit against the election are asking that all the groups involved—Office of Hawaiian Affairs, Na‘i Aupuni and the Native Hawaiian Roll Commission—be prevented from engaging in voter registration or calling and holding elections while the case is ongoing.

Hawaii: One step closer to all-mail voting? | Hawaii Tribune-Herald

The newest tool for Hawaii voters went live last week, with the implementation of an online voter registration system. It’s part of an overall process to streamline the voting process and increase accessibility and participation. “It is (about) convenience,” said Pat Nakamoto of the county elections division. A bill passed during the 2012 legislative session required the online system to be in place by 2016. In order to register to vote, residents must have a Hawaii driver’s license or state ID. Voters who are already registered also can use the system to update their own information, such as name and address changes.

Hawaii: Federal lawsuit filed to block Native Hawaiian election | Honolulu Star-Advertiser

Four Native Hawaiians and two non-Hawaiians filed a lawsuit Thursday in U.S. District Court in Honolulu seeking to block a “race-based” and “viewpoint-based” election planned this fall as a step toward establishing a sovereign Hawaiian government. The lawsuit, which was filed against the state of Hawaii, Office of Hawaiian Affairs trustees and other “agents of the state,” argues that the election violates the U.S. Constitution and the Voting Rights Act by using race and political qualifications to determine voter eligibility. The Native Hawaiian Roll Commission recently published a list of 95,000 Native Hawaiians eligible to vote for delegates later this year to a governance aha, or constitutional convention to be held next year. The election is being overseen by an independent group, Na‘i Aupuni, which is funded by OHA grants through the Akamai Foundation.

Hawaii: Lawsuit: Native Hawaiian election would be unconstitutional | Associated Press

A lawsuit filed Thursday is challenging an election solely for Native Hawaiians, saying it’s unconstitutional to restrict voting to those who have Native Hawaiian ancestry. The lawsuit filed in federal court wants to stop a vote planned for November to elect delegates for a convention to determine self-governance for Native Hawaiians. There are a wide range of opinions and options for Hawaiian self-determination, and next year’s convention will allow Native Hawaiians to participate in that process, according to Nai Aupuni, the organization guiding the election, convention and ratification process. The Native Hawaiian Roll Commission was launched in 2012 as part of a state law recognizing Native Hawaiians as the only indigenous people of the islands. The roll is a list of Native Hawaiians interested in participating in their own government.

Hawaii: Online Voter Registration Now Available | Big Island Now

Residents are now able to register to vote online. Officials from the Office of Elections and the Office of the City/County Clerks made the announcement Tuesday. According to officials, the online system was built to ensure that only individuals with verifiable identification could register. The system will only be available to residents with a valid Hawai’i driver’s license or state identification card.

Hawaii: Military Carve Out May Play Role in Voting District Case | Wall Street Journal

Hawaii may figure prominently when the Supreme Court this fall considers a case where plaintiffs are seeking to have legislative districts drawn based on a count of eligible voters rather than the total number of residents. That’s because for nearly half a century, the Aloha State has had the high court’s permission to ignore transients when drawing its political maps. While the Constitution requires equal population among legislative districts, a principle known as one-person, one-vote, a 1966 opinion said that Hawaii’s “special population problems” justified using registered voters as the baseline. The problem, as Hawaii saw it, was the large concentration of military facilities on Oahu. Counting tens of thousands of service members would distort the electoral maps by awarding legislative seats to military bases.

Hawaii: Lawmakers back plans for regular mail voting | Maui News

The Senate Judiciary Committee approved a bill Tuesday that could make voting by mail the norm in Hawaii. The panel passed HB 124, which aims to boost Hawaii’s low voter turnout and increase participation in elections. It would start with smaller counties and gradually build so all voters get ballots in the mail. The current system allows people to sign up to vote by mail or they can vote in person during the two weeks before Election Day. “It’s a very complicated operation,” said Janet Mason of the League of Women Voters. “This would smooth out the operation.”

Hawaii: Lawmakers push plans for voting by mail | Associated Press

The Senate Judiciary Committee approved a bill on Tuesday that could make voting by mail the norm in Hawaii. The panel passed HB 124, which aims to boost Hawaii’s low voter turnout and increase participation in elections. It would start with smaller counties and gradually build so all voters get ballots in the mail. The current system allows people to sign up to vote by mail or they can vote in person during the two weeks before Election Day. “It’s a very complicated operation,” said Janet Mason of the League of Women Voters. “This would smooth out the operation.”

Hawaii: Senate passes bill for chief elections officer evaluations | West Hawaii Today

The state’s chief elections officer would have to undergo a performance evaluation after each general election under a plan approved by the state Senate. The bill, SB 622, requires the Elections Commission to provide the written performance evaluation to the Legislature. It was introduced after problems during the 2014 elections that included 800 ballots that were missing in Maui and voters in storm-damaged parts of the Big Island who couldn’t get to the polls. The Senate approved the bill Thursday. It now goes to the House.

Hawaii: Senate passes bill for chief elections officer evaluations | Associated Press

The state’s chief elections officer would have to undergo a performance evaluation after each general election under a plan approved by the state Senate. The bill, SB 622, requires the Elections Commission to provide the written performance evaluation to the Legislature. It was introduced after problems during the 2014 elections that included 800 ballots that were missing in Maui and voters in storm-damaged parts of the Big Island who couldn’t get to the polls. The Senate approved the bill Thursday. It now goes to the House. Democratic Sen. Russell Ruderman, who represents some of the Big Island voters, called the bill a “baby step when a giant step is needed. I think we have serious problems in the way the Election Commission does nothing in the face of election problems,” Ruderman said. “I watched them do it before my eyes. I watched them do nothing in the face of a disaster in my community.”

Hawaii: Lawmakers look at a fine for those who don’t vote | KITV

Vote or be fined. It’s an idea moving through the legislature this year that’s got so many people fired up. “Hawaii should be embarrassed by itself. We’ve got the lowest voter turnout in the nation,” said Republican Re. Gene Ward, who represents Hawaii Kai. That’s why Ward says he’s introduced a bill requiring Hawaii residents to vote or be charged a $100 fine. That triggered thousands of hits and hundreds of comments on KITV4’s Facebook Page. The debate keeps on raging. “I think it’s one of the worst ideas I’ve ever heard. You have a bunch of people who don’t have a clue about what they’re voting about and they have no business voting,” said Waialua resident Chuck Vowell. “I would agree — some fine on their taxes, or on their driver’s license. And a small fee or penalty to encourage them to vote, because we should. It’s your civic duty,” said real estate agent David Bautista.

Hawaii: Lawmaker wants to hold elections officer accountable | Associated Press

A lawmaker from Hawaii’s Big Island wants to hold Hawaii’s Chief Elections Officer Scott Nago accountable for voting problems that she says denied residents of her district the right to vote. Tropical Storm Iselle hit Hawaii’s Big Island a few days before Hawaii’s primary election last year, felling hundreds of trees and knocking out power to thousands of residents. Voting was postponed in two precincts. But some residents in the precincts where the polls were open had blocked driveways or were too busy struggling without power or water to vote. A makeup election was called, but many Puna residents weren’t sure who could participate, and the instructions were changed with just a few days’ notice, said Rep. Joy San Buenaventura, a Big Island Democrat.

Hawaii: Election officials preparing for threat from lava | The Maui News

Officials are hoping to avoid disruptions in next month’s elections from an advancing lava flow in a mostly rural region on the Big Island of Hawaii. In August, Tropical Storm Iselle kept some voters in the Puna region from during the polls primary election, and there was subsequent confusion about how they could cast their ballots. Now, a lava flow threatens to isolate some voters ahead of the Nov. 4 general election.

Hawaii: Election preparations for Puna lava threat | Hawaii News Now

Election officials are preparing for the possibility that the Puna lava flow could potentially disrupt voting in next month’s general election. Hawaii’s election chief outlined plans at a state Elections Commission meeting on Friday, but some critics fear a repeat of problems that happened during the primary due to Tropical Storm Iselle. “Please prevent another man-made disaster caused by the Elections Office,” said State Sen. Russell Ruderman (D-Puna, Kau). He recommended mail-in ballots only for next month’s election for precincts in lower Puna that could be affected by the lava. “We do not know at this time which precincts will be accessible, which neighborhoods will be accessible,” said Ruderman.