CHC 1979-06-05 - Laserfiche WebLink

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MRS. KOBAYASHI : What would be the definition of "duly qualified elector"? Does that mean that the person had to vote in the last election? MR. ODA: Not to vote, but presently qualified to vote. MRS. KOBAYASHI : Presently qualified means he would have to be a certain age and have a certain residence. MR. ODA: It would depend on the qualifications to vote. But, generally speaking, to qualify to vote, you don ' t need residency. MRS. KOBAYASHI : You have to have an address so they can assign you a precinct. MR. ODA: You can move 'here from the mainland, tomorrow, and register to vote. MRS. KOBAYASHI : And you can become a duly qualified elector.? MR. ODA: As long as you register before the deadline. CHAIRMAN SAKATA: It ' s kind of, you might say, mixed up, in a sense, that the state requires certain residency in years to run for office and then, here, we come back to the county level and we say, okay, if we do incorporate into the charter, the wording that says a person must be a citizen of the United States and must be a qualified elector of the county, we are saying that this might not be legal. MR. ODA: All these cases from Washington all the way down to California dealt with local county level offices. The York vs State case and Hays vs Gill , all deal with the county level. MR. ISHIDA: Let me ask one question. In that York case, is any distinction being made with the Hays case? MR. ODA: No, I don ' t recall seeing anything on that. MR. ISHIDA: No reference, whatsoever? MR. ODA: That was a challenge to the civil service statutes in ConCon. By the way, that three year provision is still in the state law. In 1972 it was thrown out as unconstitutional by the Hawaii Supreme Court. MR. ISHIDA: And the recent ConCon didn ' t take care of that. MR. ODA: What I am saying, is the wording is still in there. The revisor of statutes did not eliminate it. -6-