CASE SUMMARY

On February 23, 2022 a group of Hawaiian voters filed a petition with the Hawaii Supreme Court challenging the 2021 Hawaii Reapportionment Commission's adopted legislative redistricting plan as violating various provisions of Hawaii's Constitution and state law. First, they alleged the the adopted plan substantially deviated from the requirement that state House districts be wholly included in state Senate districts without a compelling justification in violation of article IV, § 6 of the Hawaii Constitution. Second, they alleged the plan also substantially deviated from the requirement that legislative districts be wholly included within congressional districts without a compelling justification in violation of Hawaii Rev. Stat. § 25-2. Finally, they asserted the Commission violated its constitutional duties under article IV, § 6 of the Hawaii Constitution by improperly delegating much of their redistricting duties to a "technical committee" which hindered the public's ability to access and assess the Commission's work and made it easier for improper influences to be injected into the process. They sought a declaratory judgment that the final legislative plan was invalid, a writ of mandamus directing the chief election officer to rescind the final plan's publication and directing the Commission to prepare and file a new, lawful plan, and a temporary injunction barring the chief election officer from accepting nominating papers for state legislative office under the new map.

On February 24, the Court issued an order temporarily enjoining the nomination process for state legislative office pending the resolution of the petition. On March 16, the Court issued an order denying the petition and terminating its February 24 temporary injunction, stating an opinion would be forthcoming.

CASE LIBRARY

Hawaii Supreme Court - No. SCPW-22-78

Hicks v. 2021 Hawaii Reapportionment Comm'n
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