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MR. OMONAKA: Well , I think the "may" is <br /> qualified by "where and when necessary. " <br /> CHAIRMAN ISHIDA: Yes, maybe you are right <br /> there. Maybe that would make it very clear. <br /> MR. OMONAKA: Stuart, do we need that last <br /> sentence of the last line there, "based upon the most recent <br /> federal census"? It has been known that the county municipal <br /> districts have been drawn up by registered voters also. <br /> MR. ODA: Yes , that is the reason why. There <br /> are several cases that held that use of registered voters as <br /> a base of redrawing lines has been unconstitutional. The <br /> reason why we put based upon the most recent federal census, <br /> we want to make it absolutely clear that it is based on <br /> population and not on registered voters. <br /> MR. OMONAKA: How is the current house <br /> district now drawn up? By registered voters? <br /> MR. ODA: I think that system right now is., If <br /> somebody challenges it, it may be struck down. We ran across <br /> several cases on the mainland that held using anything other <br /> than population is more than likely unconstitutional . The <br /> fact that some provisions are in state law, doesn ' t mean that <br /> it is valid because nobody challenges it. It is presumed <br /> valid until somebody challenges it. We did run across , <br /> surprisingly,, some cases on that that held registered voters <br /> to be an inproper method. <br /> MR. OMONAKA: So then the words "according to <br /> law" should suffice. <br /> MR. ODA: In a broad sense. <br /> CHAIRMAN ISHIDA: I can see one problem. What <br /> Akira is saying there is that what if we have our own census? <br /> It could be just as valid, could it not? If the county had <br /> conducted their own census? Does it have to be a federal <br /> census? Could it not be another census? I think what Akira is <br /> saying is - maybe this is too restrictive. <br /> MR. OMONAKA: If we just end it "according to <br /> law. " <br /> MR. ODA: The concern I have is that in 1983 <br /> or at any time thereafter maybe that point will be totally <br /> overlooked as to what basis it is suppose to use. I don ' t <br /> think there is any basis to say that using population under <br /> federal census is wrong. That is something: I ` don ' t think <br /> would ever be challenged away. You are counting heads <br /> according to the heads that are available. This all goes <br /> back to the original concept of one-man, one-vote. <br /> -14- <br />