Communication 07 Supreme Court Opinion

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120 P.3d 217 Page 2 108 Hawai'i 318, 120 P.3d 217 (Cite as: 108 Hawai'i 318, 120 P.3d 217) [3] Counties 104 38[6] Constitutional Law 92 3658(1) 104 Counties 92 Constitutional Law 104II Government 92XXVI Equal Protection 104II(C) County Board 92XXVI(E) Particular Issues and Applica- 104k38 k. Nature and Constitution in Gen-tions eral.Most Cited Cases 92XXVI(E)9 Elections, Voting, and Politi- cal Rights 92k3656 Equality of Voting Power Phrase “equal resident populations” in county (One Person, One Vote) charter, by its plain and obvious meaning, excluded 92k3658 Electoral Districts nonresident college students and nonresident military 92k3658(1) k. In General. Most personnel and their dependents from population base Cited Cases for purposes of reapportioning county council dis- (Formerly 92k225.3(6)) tricts. In order to comport with equal protection, a state [4] Counties 104 3 must make an honest and good faith effort to con- struct voting districts as nearly of equal population as 104 Counties is practicable. U.S.C.A. Const.Amend. 14. 104I Creation, Alteration, Existence, and Political Functions [7] Constitutional Law 92 3658(1) 104k3 k. Creation, Existence, and Incidents in General; Charters. Most Cited Cases 92 Constitutional Law 92XXVI Equal Protection When interpreting a county charter, the court's 92XXVI(E) Particular Issues and Applica- foremost obligation is to ascertain and give effect to tions the intention of the county, which is to be obtained 92XXVI(E)9 Elections, Voting, and Politi- primarily from the language contained in the charter cal Rights itself,and, where the language of the charter is plain 92k3656 Equality of Voting Power and unambiguous, the court's only duty is to give (One Person, One Vote) effect to its plain and obvious meaning. 92k3658 Electoral Districts 92k3658(1) k. In General. Most [5] Constitutional Law 92 3657 Cited Cases (Formerly 92k225.3(6)) 92 Constitutional Law 92XXVI Equal Protection In order to comport with equal protection, when 92XXVI(E) Particular Issues and Applica- a state apportions voting districts, whatever the tions means of accomplishment, the overriding objective 92XXVI(E)9 Elections, Voting, and Politi- must be substantial equality of population among the cal Rights various districts, so that the vote of any citizen is 92k3656 Equality of Voting Power approximately equal in weight to that of any other (One Person, One Vote) citizen in the state. U.S.C.A. Const.Amend. 14. 92k3657 k. In General. Most Cited Cases [8] Constitutional Law 92 3659 (Formerly 92k225.3(6)) 92 Constitutional Law The equal protection clause of the United States 92XXVI Equal Protection Constitution requires that electoral representation be 92XXVI(E) Particular Issues and Applica- apportioned on a population basis. U.S.C.A. tions Const.Amend. 14. © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.