Communication 17.1 Definition of Resident Population

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The Supreme Court used a definition of “resident” found in Black’s Law Dictionary as: [a]ny person who occupies a dwelling within the State, has a present intent to remain within the State for a period of time, and manifests the genuineness of that intentby establishing an ongoing physical presence within the State together with indicia that his presence within the State is something other than merely transitory in nature. In this vein, the Court when on to find that: “[T]he primary significance of the word ‘residence’ as used in the constitution is the same as domicil[e]-a word which means the place where aman establishes his abode, makes the seat of his property, and exercises his civil and political rights.” (Quoting Chase v. Miller,41 Pa. 403,420 (Pa.1862). This definition of “resident” would exclude any person who did not exhibit a present intent to remain within Countyof Hawai‘i for more than a transitory period.Thus,the Court excluded those college students who lack a present intent to remain in the county for a period of time beyond their date of graduation. The reason being,their presencein theCountyof Hawai‘i is primarily for educational purposes with no intent to remain after graduation, education then being the transitory aspect of their residence. Likewise, military personnel and their dependents who are stationed in the County of Hawai‘i by the United States military have little to say in deciding the location of their assignment and are generally speaking in the County of Hawai‘i involuntarily,as opposed to persons who choose to live in the County of Hawai‘i with an intent to permanently remain. The Hawai‘i Supreme Court held specifically that the phrase “resident populations” found in the County Charter excludes nonresident university students and nonresident military personnel and their dependents from the population base of the county for redistricting purposes. The term resident population is meant to include those persons who reside in the County of Hawai‘i and have the intent to permanently remain a resident of the County of Hawai‘i. Those persons who do not have the intent to remain permanently in the County of Hawai‘i are not considered permanent residents and should be excluded from the population base in determining the redistricting of the nine council districts.Thus the term resident population should exclude nonresident students and military personnel.