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determine that. In almost all cases I think they would weed them out. So the process has a built-in protection against voting for people who don ' t know the island or what this place is all about. Maybe that is the protection that is sufficient. I don ' t know, I 'm just guessing. Is there any question on the matter of resi- dency? Preliminarily, I would say, more than likely my recommendation would be to eliminate all questions of resi- dency in order to qualify to run for the county council . , MR. OMONAKA: How does the state set its requirements for the members of the house? By district? MR. ODA: There may be some residency require- ments there. I haven ' t researched that but I am almost sure that I ran across some residency requirements in the state representatives and the senate. I think they, in fact, may have been either in the constitution or the state statute. I 'm not sure. MR. CADINHA: Stuart, what is the Supreme Court ' s logic behind the abolishment of the residency require- ments? Particularly, why is it unfair. MR. ODA: Basically, when they struck down residency requirements in various laws, state statutes such as welfare and other things , they hung their decisions on several constitutional so-called pegs. First of all , when you are speaking of residency, because of the type of mobile society we have today, people cannot be penalized for traveling interstate. You, in effect, are penalizing people for traveling and under the Thirteenth Amendment, I believe, which contains the privileges and immunities clause of citizenship, you cannot deny a person the right to obtain the privileges and immunities of citizenship. Such as a basic right to vote if he travels interstate and moves to another community. The other premise is that generally and again this is connected when you do create barriers for new residents in a community you tend to discriminate under the Fourteenth Amendment ' s equal protection clause against newcomers thereby perpetuating the policies or type of government of the old regime without giving the newcomers the right to participate. Thereby, also denying them what we call due process of law. So there are all kinds of constitutional bases on which the courts have struck down these statutes. But the basic one, I believe, is the fact that you are denying them the privileges and immunities of citizenship. MRS. KOBAYASHI : Regarding the residency, under the section on qualifications , it also says if the councilman elected from a district leaves residency from that district his seat will be vacant. Does that also apply? Or would that also be unconstitutional? We could still keep that? - 25 -