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COMM. 036
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COMM. 036
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7/19/2018 10:49:52 AM
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AGE CHC 1979-03-27
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• <br /> Mr. Yasuki Arakaki <br /> Page 2 <br /> March 2, 1979 <br /> . Since it appears that the Third Charter Commission <br /> adopted the language of Section 13-4 (f) with the legislative <br /> history of the Maui provision in mind, the Supplementary <br /> Statement of the Activities , Findings and Recommendations of <br /> the Charter Commissioners to the Board of Supervisors of the <br /> County of Maui quoted in a February 12 , 1975 Maui County <br /> Attorney' s letter to Mayor Cravalho is relevant: <br /> • <br /> "The phrase 'member of a political <br /> party' must be defined by ordinance. A <br /> person does not become a member of a <br /> political party by selecting a party <br /> ballot in a primary election. 'Party <br /> membership' involves something more, <br /> i.e. , enrollment, payment of dues , <br /> approval by the party' s county committee, <br /> etc. How much more must be determined by <br /> ordinance. ". <br /> Under this line of reasoning, :"independents" is not a <br /> "political party" because there is no activity involved which <br /> is comparable to an association of voters involving "enroll- <br /> ment, payment of dues , approval by the party' s county <br /> committee. " <br /> Another means of determining legislative intent is <br /> construing a term according to its common or ordinary <br /> • meaning. Hawaiian . Beaches , Inc. v. Kondo, 52 Haw. 279, 281, <br /> 474 P.2d 538, 540. As generally used in the United States , <br /> "political party" means a voluntary association of voters <br /> organized to promote a common political end. State ex rel. <br /> Kiser v. Milispaugh, 241 Ind. 656, 175 N.E.2d 13, 15; <br /> Schafer v. Whipple, 25 Colo. 400, 55 P. 180 , 182. As used <br /> in Hawaii, "political party" may mean a voluntary association <br /> of voters with a central (state) committee and county commit- <br /> tees organized to promote a common political end. Evidence <br /> supporting the addition of the elements of state and county <br /> committees to the general definition is found in the Supplementary <br /> • Statement of the Maui Commissioners andin the definition of <br /> "political' party" (or "party") found in state election ' <br /> statutes. The Maui Commissioners , supra, by listing "approval <br /> • by the party' s committee" as a prerequisite to party member- <br /> ship, assumed that a "political party must have a county <br /> committee. " Former HRS §13-1 (since repealed) defined <br /> "party" for the purposes of the primary election as requiring <br /> a state committee and committees for each of the counties. <br /> HRS §11-61, in defining "political party" for the election - <br /> statutes generally, continues the requirement for a state <br /> committee and county committees. <br />
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