Congressional & Legislative
Primary Authority: Plans are drawn and adopted by the Hawaii Reapportionment Commission, a politically-appointed 9-member body. The Commission is aided on island-specific matters by an apportionment advisory council for each basic island unit who are appointed by the same officials making appointments to the Reapportionment Commission.
- Members: The Speaker of the Hawaii House of Representatives and the President of the Hawaii Senate each appoints 2 members. The minority parties in the House and Senate each designate one of their respective members and both of those individuals appoint 2 members. Those 8 members then select and appoint a 9th member to serve as chairperson. Each of the 4 appointing officials also selects one person from each of the state’s basic island units to serve on that island unit’s apportionment advisory council. [Haw. Const. art. IV, § 2]
- Timing: The initial 8 commissioners must select and certify the 9th member to the chief election officer within 30 days after being certified as members. Apportionment advisory council members are appointed at the same time as commissioners. The Commission must be formed and appointed no later than May 1 of each reapportionment year (years ending in 1). If positions are not filled by the requisite deadline, the Hawaii Supreme Court makes the appointment(s). [Haw. Const. art. IV, § 2; Haw. Rev. Stat. §§ 25-1; 25-7]
- Eligibility: There are no requirements to serve on the Commission, but advisory council appointees must be registered voters of the relevant council’s basic island unit. Commissioners and advisory council members are prohibited from running as a candidate for state legislative or congressional office in either of the first two elections under an adopted redistricting plan. [Haw. Const. art. IV, § 2; Haw. Rev. Stat. § 25-7]
- Voting: The selection of the Commission’s 9th member requires an affirmative vote from at least 6 of the initial 8 commissioners. Official board actions, including the adoption of proposed and final redistricting plans, require a majority vote. [Haw. Const. art. IV, § 2; Haw. Rev. Stat. § 25-3]
Mapping Timeline: Within 100 days from the date all of its members were certified, the Commission must release proposed congressional and legislative plans to the public. At least 1 public hearing must be held on each of the plans in each basic island unit with at least 20 days’ notice given for hearings. After hearings are completed, and no later than 150 days after all of its members were certified, the Commission must adopt final congressional and legislative plans and file them with the chief election officer. Within 14 days of the plans’ filing, the chief election officer must give public notice of the plans, after which they become effective. [Haw. Const. art. IV, § 2; Haw. Rev. Stat. § 25-2]
Redistricting Criteria:
- Congressional: Contiguous (except for multi-island districts); Compact as practicable; Follow permanent and easily recognized geographic features where possible and census tracts when practicable; Wholly include state legislative districts where practicable; Avoid combining areas with substantially different socio-economic interests.
- PROHIBITED (Congressional): Unduly favoring a person or political party. [Haw. Rev. Stat. § 25-2]
- Legislative: Contiguous (except for multi-island districts); Compact as practicable; Follow permanent and easily recognized geographic features where possible and census tracts when practicable; Avoid combining areas with substantially different socio-economic interests; House districts nested within Senate districts where practicable.
- PROHIBITED (Legislative): Unduly favoring a person or political party; Districts extending beyond boundaries of any basic island unit. [Haw. Const. art. IV, § 6]
Map Challenges: Filed in the Hawaii Supreme Court. Within 45 days of the relevant deadline or a redistricting plan being filed with the chief election officer, any registered voter can file a petition to compel the Commission to perform its duty or to correct any error in a redistricting plan. If a plan is struck down, the Commission continues in operation to aid the court in fashioning a new plan. [Haw. Const. art. IV, § 10]
Ballot Measure & Referendum Processes
Types of Measures: Only the Hawaii Legislature can refer amendments to the ballot. There is no initiative or referendum process. [Haw. Const. art. XVII]
Previous Redistricting Cycles
2020
- Congressional
- Commission’s Original Plan
- Adopted = January 28, 2022
- Litigation History
- State of Hawaii ex rel. Connors v. 2021 Reapportionment Comm'n, No. SCPW-21-342 (Haw. Jul. 7, 2021): In June 2021, Hawaii's Attorney General, supported by the 2021 Reapportionment Commission, filed a petition with the Hawaii Supreme Court requesting an extension of the Commission’s constitutional and statutory redistricting deadlines on the grounds the delayed release of the 2020 Census redistricting data would cause the Commission to be unable to complete its redistricting processes by those dates. On July 7, 2021, the Hawaii Supreme Court granted the petition and issued a writ of mandamus extending the Commission's deadlines for proposed and final redistricting plans to January 8, 2022, and February 27, 2022, respectively.
- Legislative
- Commission’s Original Plan
- Adopted = January 28, 2022
- Litigation History
- State of Hawaii ex rel. Connors v. 2021 Reapportionment Comm'n, No. SCPW-21-342 (Haw. Jul. 7, 2022): In June 2021, Hawaii's Attorney General, supported by the 2021 Reapportionment Commission, filed a petition with the Hawaii Supreme Court requesting an extension of the Commission’s constitutional and statutory redistricting deadlines on the grounds the delayed release of the 2020 Census redistricting data would cause the Commission to be unable to complete its redistricting processes by those dates. On July 7, 2021, the Hawaii Supreme Court granted the petition and issued a writ of mandamus extending the Commission's deadlines for proposed and final redistricting plans to January 8, 2022, and February 27, 2022, respectively.
- Hicks v. 2021 Hawaii Reapportionment Comm'n, No. SCPW-22-78 (Haw. Mar. 16, 2022): 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. On March 16, the Court issued an order denying the petition and terminating its February 24 temporary injunction, stating an opinion would be forthcoming.
2010
- Congressional
- Legislative
- Commission’s Original Plans
- Adopted = September 26, 2011
- Litigation History
- Matsukawa v. State of Hawaii 2011 Reapportionment Comm’n, 126 Haw. 283 (Haw. 2012): Plaintiffs invoked the state Supreme Court’s original jurisdiction to challenge the commission’s filed legislative plans as violating the Hawaii Constitution. On January 4, 2012, the Hawaii Supreme Court issued an order striking down the adopted legislative plans on the grounds it failed to exclude non-permanent residents in the population base used for apportionment as is mandated by the Hawaii Constitution, and ordered the Commission to adopt a new plan.
- Kostick v. Nago, 960 F.Supp.2d 1074 (D. Haw. 2013): Plaintiffs challenged the commission’s remedial legislative plan on the grounds the use of a permanent resident only basis for reapportionment violated the 14th Amendment’s Equal Protection Clause. On July 11, 2013, the U.S. District Court for the District of Hawaii ruled in favor of the defendants, finding that apportionment based upon permanent residents only was constitutional and that the plan’s population deviations were permissible.
2000
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