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COMM. 004
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COMM. 004
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7/19/2018 10:49:51 AM
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7/13/2018 9:05:32 AM
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AGE CHC 1979-01-16
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Mr. Ted T. Suzuki -3- February 3 , 1976 <br /> however, did not find that arguxient ,to be convincing and <br /> found that the't2-year residency durational requirement <br /> classifies residence on the basis of recent travel. For <br /> that reason, it found that the 2-year requirement was too <br /> broad for the achievement of that purpose. It is not sufficient <br /> for the state to show that a residency durational requirement ' <br /> furthers a very substantial state interest, which in that <br /> case was a familiarity with the local form government and <br /> local problems . In pursuing that important interest, the <br /> state cannot choose means which unnecessarily burden or <br /> restrict constitutionally protected activity. The court <br /> went on to note that statutes affecting constitutional <br /> rights must be drawn with precision and must be tailored to <br /> serve the legitimate objectives . And, if there are other <br /> reasonable ways to achieve those goals with a lesser burden <br /> on constitutionally protected activity , the state may not <br /> choose the way of greater interference. If it acts at all, <br /> it must choose the less drastic means . <br /> If the purpose of the County of Hawaii in adopting the <br /> 2-year resident-elector requirement was to familiarize the <br /> resident of the government problems of the County, then the <br /> Charter provision does not address itself to that problem- <br /> The reason is that individuals who have had experience in <br /> government elsewhere or who made a diligent effort to become <br /> well acquainted with the municipality would be precluded <br /> from becoming a candidate because of the 2-year requirement. <br /> On the other hand, just because an individual resides within <br /> the County for a period of two years , does not necessarily <br /> mean that the individual is acquainted with the problems of <br /> the community and of the government. It is for those reasons <br /> that we also find that the Charter provision of the County <br /> of Hawaii requiring a 2-year residency requirement classifies <br /> the individual according to recent travel and further is <br /> not designed to address itself to the problems pertaining to <br /> the knowledge of the individual . It is for those reasons <br /> that we also find our 2-year resident-voter requirement to <br /> be unconstitutional and unenforceable. <br /> While courts have been prone to find 2 , 3,, 4 , and 5-year <br /> residency requirements to be unconstitutional, they have also <br /> realized that some residency requirement is _necessary to <br /> prevent frivolous and fraudulent candidacy by persons who <br /> have had no previous exposure to the problems and desires of <br /> the electorate of a representative district. It was for <br /> that reason that the Supreme Court of Arizona upheld the <br /> constitutionality of a one-year residency requirement. <br /> Triano V. Nassion, 513 P . 2d 935 (1973) . The court in that <br /> - case, while cognizant that an extended durational residency <br />
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