Laserfiche WebLink
T. Suzuki -4- Februar 3 , 1976 <br /> Mr. Ted y <br /> requirement cpuld be unconstitutional , nonetheless was <br /> concerned with frivolous and fraudulent candidacy by individuals . <br /> Therefore, it held that absent a durational requirement, <br /> carpetbaggers can be candidates . Carpetbaggers meaning <br /> individuals who have no desire to promote the concerns of a <br /> " particular community but to promote their own individual <br /> gains . The Colorado Supreme Court in Cowans v. City of <br /> Aspen, supra, also found that the one-year residency requirement <br /> of the City of Aspen to be constitutional. <br /> Section 62-3 , Hawaii Revised Statutes , establishes a <br /> one-year residency durational requirement for members of the <br /> board of supervisors . Since the Council is a succeeding <br /> organization of the board of supervisors , absent a valid <br /> Charter provision which establishes the residency durational <br /> requirement, Section 62-3 will apply . Therefore , while we <br /> have held that the 2-year resident-elector requirement of <br /> the Charter to be unconstitutional , it is not to say that <br /> there is no residency durational requirement at all. If th? <br /> County of Hawaii were to adopt a valid residency durational <br /> requirement, it would be superior to Section 62-3 , Hawaii <br /> Revised Statutes , since the Constitution of the State of <br /> Hawaii states that charter provisions pertaining to the <br /> structure and organization of a county government is superior <br /> to that of the general laws of the State of Hawaii . <br /> As in the Cowan v. City of Aspen , supra, case , we find <br /> the Charter provision establishing the residency requirement <br /> to be unconstitutional and, therefore, we adopt the one-year <br /> residency requirement established by Section 62-3 , Hawaii <br /> Revised Statutes . <br /> Section 62-3, HRS , however, also contains a provision <br /> requiring that the candidate be an electorate of the county <br /> for a period of one year. For the same reason that the court <br /> found the provision to be unconstitutional in the Steele case , <br /> we believe that the electorate portion of the statute should <br /> be severed from the remainder of the statute and utilize only <br /> the residency durational requireme t. <br /> 1 •TSUMADA <br /> • Deputy Corporation Counsel <br /> KY:ds <br />