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MIN CHC 1989-02-15
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MIN CHC 1989-02-15
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
2/15/1989
Type
MIN
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AGE CHC 1989-02-15
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of them have always been white. And the blacks say, well , we <br /> ought to at least have one, given our population (inaudible) . <br /> And so the court has had a serious of litigation on that and <br /> has ruled basically that if you can show that the at-large or <br /> multi-member system is adopted, for the purpose of <br /> discriminating, of maintaining a white majority for instance, <br /> then it would be unconstitutional . <br /> In Hawaii , I think it would be hard to kind of show that, <br /> because we historically do tend to vote in a multi-ethnic <br /> pattern, but that is something to keep in mind. There was some <br /> litigation here on the Big Island in the ' 70s involving the way <br /> the senatorial districts were selected. At that time there <br /> were senatorial . . . three senators from this island and the <br /> election at that time was at-large. In other words , there was <br /> a County-wide election of all three senators , and the result <br /> tended to be that all three would come from Hilo , with none of <br /> the rest of the island represented. <br /> So there was a lawsuit brought by folks on the west side <br /> of the island saying that this at-large approach discriminated <br /> against them and had the affect of perpetuating Hilo' s <br /> dominance over the rest of the island, and tried to argue that <br /> they were entitled to at least one of the three. The lawsuit <br /> failed but it nonetheless showed that this is something to be <br /> sensitive to, that an at-large election can have the effect of <br /> limiting the diversity. Now the response, of course, in this <br /> community to that problem is to require that six of the nine <br /> be. . . live in specific areas . These six areas that people live <br /> in are not equal in population. Some are significantly larger <br /> in population than others . <br /> So that in. . . that then raises another question, is that <br /> fair to have these relatively smaller areas in terms of <br /> population, have the same slot as the larger areas have. That <br /> issue has also been litigated at the national level . And in a <br /> 1975 case called Dallas County Alabama v. Reese, the U. S. <br /> Supreme Court said that such a procedure is okay, because the. . . <br /> everybody in the county votes for it; you don' t have the one <br /> person, one vote problem; and the court said, well , it ' s kind <br /> of awkward but if that ' s the way the community wants to <br /> compromise and work these things out, it is constitutional . <br /> And in Hawaii , in addition to this County, Maui County <br /> uses that system for some of its council seats , and the Office <br /> of Hawaiian Affairs also uses it . The Office of Hawaiian <br /> Affairs has a nine-member board of trustees with five of them <br /> specifically designated that they have to come from five <br /> different island groupings : Kauai , Oahu, Maui , Molokai and the <br /> Big Island. Molokai is the smallest , of course, in that <br /> 106 <br />
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