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<br />Lincoln S.T. Ashida <br />Corporation Counsel <br />William P. Kenoi <br />Mayor <br />KatherineA. Garson <br />Assistant Corporation <br />Counsel <br />COUNTY OF HAWAII <br />OFFICE OF THE CORPORATION COUNSEL <br />101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (808) 961-8251 Fax (808) 961-8622 <br />June 22, 2011 <br />MEMORANDUM <br />TO:Rene Siracusa, Chair and Members of the <br />Hawai‘i County Redistricting Commission <br />FROM:Michael J. Udovic <br />Deputy Corporation Counsel <br />RE:Definition of Resident for Redistricting Purposed <br />In 1992,the Constitution of the State of Hawai‘i was amended when voters changed <br />Article IV of the Constitutionof the State of Hawai‘i to require that “permanent resident” <br />population is the population base for apportionment of legislative districts. While this <br />Constitutional provision facially applies only to State apportionment questions, the <br />Supreme Court of Hawai‘i adopted a similar approach and found that the term “resident <br />population” as found in the Charter of the County of Hawai‘i should be interpreted to <br />mean permanent resident population and should not include those persons who reside <br />within the County of Hawai‘i but are not permanent residents. SeeCitizens for Equitable <br />Government v. County of Hawai‘i,108 Hawai‘i 318, 120 P.2d 217 (2005). <br />The term permanent resident wasgiven the same definition as “domicile”, the Supreme <br />Court finding that only residents having their domiciliary in the State of Hawai‘i may be <br />counted in the population base for the purpose of reapportioning legislative districts. <br />Article IV of the Constitution of the State of Hawai‘i states in relevant part as follows: <br />The commission shall allocate the total number of members of each house <br />of the statelegislature being reapportioned among the four basic island <br />units namely: (1) the island of Hawaii, (2) the islands of Maui, Lanai, <br />Molokai and Kahoolawe, (2) the island of O‘ahu and all other islands not <br />specifically enumerated, and (4) the islands of Kauai and Niihau, using <br />the total number of permanentresidentsin each of the basic island units <br />and computed by the method known as the method of equal proportions; <br />except that no basic island unit shall receive less than one member in each <br />house. <br />COMM. 17.1 <br />Hawai`i County is an Equal Opportunity Employer and Provider <br /> <br />