Communication 07 Supreme Court Opinion

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120 P.3d 217 Page 3 108 Hawai'i 318, 120 P.3d 217 (Cite as: 108 Hawai'i 318, 120 P.3d 217) 92XXVI(E)9 Elections, Voting, and Politi-ceeding 10 percent threshold above which an equal cal Rights protection violation may arise. U.S.C.A. 92k3656 Equality of Voting Power Const.Amend. 14. (One Person, One Vote) 92k3659 k. Bodies, Officers, and [11] Constitutional Law 923658(6) Elections Subject to Limitations. Most Cited Cases (Formerly 92k225.3(11)) 92 Constitutional Law 92XXVI Equal Protection The general principle of population equality in 92XXVI(E) Particular Issues and Applica- apportionment of voting districts, guaranteed by the tions federal equal protection clause, applies to local elec- 92XXVI(E)9 Elections, Voting, and Politi- tions. U.S.C.A. Const.Amend. 14. cal Rights 92k3656 Equality of Voting Power [9] Constitutional Law 92 3658(6) (One Person, One Vote) 92k3658 Electoral Districts 92k3658(6) k. Population Devia- 92 Constitutional Law tion. Most Cited Cases 92XXVI Equal Protection (Formerly 92k225.3(6)) 92XXVI(E) Particular Issues and Applica- tions 92XXVI(E)9 Elections, Voting, and Politi- Counties 104 38 cal Rights 92k3656 Equality of Voting Power 104 Counties (One Person, One Vote) 104II Government 92k3658 Electoral Districts 104II(C) County Board 92k3658(6) k. Population Devia- 104k38 k. Nature and Constitution in Gen- tion. Most Cited Cases eral.Most Cited Cases (Formerly 92k225.3(6)) Total deviation of 10.89 percent in county com- Total deviation in excess of 10 percent in elec- mission's reapportionment of county council districts toral reapportionment plan presents prima facie case did not violate equal protection, despite commission's of discrimination in violation of federal equal protec- erroneous inclusion of nonresident students and mili- . tion clause. U.S.C.A. Const.Amend. 14 tary personnel and their dependents in population base, where deviation was only slightly over 10 per- [10] Constitutional Law 92 3658(6) cent threshold which would comport with equal pro- tection guarantee, and by using total, as opposed to resident, population base, commission evidenced 92 Constitutional Law intent to achieve inclusiveness and equal representa- 92XXVI Equal Protection tion. U.S.C.A. Const.Amend. 14. 92XXVI(E) Particular Issues and Applica- tions 92XXVI(E)9 Elections, Voting, and Politi- [12] Appeal and Error 30 167 cal Rights 92k3656 Equality of Voting Power 30 Appeal and Error (One Person, One Vote) 30IV Right of Review 92k3658 Electoral Districts 30IV(B) Estoppel, Waiver, or Agreements 92k3658(6) k. Population Devia- Affecting Right tion. Most Cited Cases 30k167 k. Agreements and Stipulations. (Formerly 92k225.3(6)) Most Cited Cases Rational government policy will justify total de- On appeal from trial court's judgment in favor of viation in apportioning voting districts slightly ex- county in action challenging validity of reapportion- © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.