The URL can be used to link to this page

Home My WebLink About2021-09-23 Redistricting Commission Agenda PacketBRONSTEN-GLENN KOSSOW Chairperson JAMES HUSTACE Vice Chairperson 3rd Session Hawao°u County Clerk's - 09/17/2021 03:29:01 PM MEIZHU LUI DWAYNE YOSHINA BREEANI SUMERA-LEE JENNIFER YADAO STEPHANIE BATH AINA AKAMU STEPHEN LOPEZ 2021 HAWAI`I COUNTY REDISTRICTING COMMISSION AGENDA 9:30 a.m., September 23, 2021 25 Aupuni Street Hilo, Hawaii 96720 Pursuant to the Governor's most recent proclamation, in order to minimize physical contact and maximize social distancing, this meeting will not be open to the public until further notice. This is to help prevent the spread of COVID-19. This meeting will be held by interactive video conference through the Zoom platform. Public Viewing and Providing Oral Testimony: The public may access the meeting for viewing or to provide oral testimony via videoconference through Zoom. For either, please email redistrictin ��rninissio�u�(n�ina��va LCOLt t.. _.goy or call 808- 961-8020 no later than 12 noon, Wednesday, September 22, 2021. Please state in your email whether you wish to provide oral testimony or view the proceedings. Upon receipt of the email, there will be a response providing the access key along with brief instructions. Written Testimony: The Commission encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Commission Members prior to the meeting, written testimony must be submitted before 12 noon, Wednesday, September 22, 2021 by: (1) email to ncndk. stnu�.t.nL.p.cniaiissin ct�'1ia v n1« ntL1Ity ;t�, 2) facsimile to (808) 961-8673, or (3) mail to Redistricting Commission, Office of the County Clerk, 25 Aupuni Street, Suite 1402, Hilo, Hawaii 96720. All written testimony, regardless of time of receipt, will be part of the permanent record. ORDER OF BUSINESS CALL TO ORDER ROLL CALL Welcome of newly sworn -in Commissioner Sumera-Lee Hawai `i County is an Equal Opportunity Provider and Employer Hawao°u County Clerk's - 09/17/2021 03:29:01 PM 2021 Redistricting Commission — 3' Page 2 September 23, 2021 STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (Testimony will be taken only on items on the agenda and will be limited to three minutes per item.) APPROVAL OF MINUTES COMMUNICATIONS Communication 9.1 From Commissioner Lui for informational purposes: transmitting petition from Attorney General to State Supreme Court to adjust deadlines to the State Reapportionment Commission. Communication 11 From Chairperson Kossow for review and informational purposes: transmitting breakdown of current total census population within existing council districts. UNFINISHED BUSINESS 1. Update on census and mapping related information requested by Commission regarding incarcerated persons, overseas military, and destroyed roads in the Puna District. 2. Update on consideration of a draft letter to Mayor Roth for his awareness of the current time parameters facing the Commission in executing its duties. Further review of the proposed timeline for the Commission to complete its work. The Commission may revisit the timeline to explore and discuss options for extending deadlines if necessary. NEW BUSINESS 1. Discussion with Commission technical support staff on any issues commissioners are experiencing while utilizing the online redistricting tool (ESRI) for creating mapping plans at fr.; tip //distrcttip,iawai,sri i.icse��/j- (iirictj :iin(lex fim.'�9. Commissioners ........................................................... . :.: may use this opportunity to ask questions about the tool. 2. Discussion on public hearings to be held by the Commission in accordance with Hawaii County Charter Section 3-17(e). Requested by Commissioner Hustace, the Commission may discuss how to approach the public hearings including, but not limited to, compliance with current proclamations establishing COVID-19 protocols, public safety, how to maximize participation, what alternative options are available, and utilizing virtual and technological platforms. Hawao°u County Clerk's - 09/17/2021 03:29:01 PM 2021 Redistricting Commission — 3' Page 3 September 23, 2021 3. Request for public and commissioners to document census block irregularities for placement as notes in Final Plan. Upon completion of Commission, the recommendation is to submit such findings to the Hawaii County Office of Elections and the State of Hawaii Office of Elections for forwarding to the United States Census Bureau for their consideration as suggestions. REPORTS REFERRALS FOR EXECUTIVE SESSION ANNOUNCEMENTS Deadline to members of the public to submit alternate plans is October 14, 2021. ADJOURNMENT If you need an auxiliary aid/service or other accommodation due to a disability, please call 808-961-8020 as soon as possible, preferably by September 21, 2021. If a response is received after September 21, 2021, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Commissioners may be present at the Hilo Council Chamber, 25 Aupuni St., 1401 Commissioners may be present at the Kona Council Chamber, West Hawaii Civic Center, 74- 5044 Ane Keohokalole Highway, Building A. Commissioners may also be participating via attendance through videoconferencing by the Zoom platform. COMMUNICATION 9.1 FTRONSTFN-GLEt tN KOSSO W Chair person JAMES HI.STACE Vice ('hair person 2021 HA'Vt'-AI`I COUNTY REDISTRICTING COMMISSION DATE: September 16, 2021 MEIZHU LUT DWAYNE YOSHiNA BR.EEANI SUMERA-LEE JENNIFEF2 YADAO STEPHANIE BATH A?NA AKAMU STEPHE'N LOPEZ TO: Bronsten-Glenn Kossow, Commission Chairperson FROM: �),Meiui Lui, Commissioner SUBJECT. transmitting petition from Attorney General to State Supreme Court to adjust deadlines relating to the State Reapportionment Commission Attached is the filing with the Supreme Court of the State of Hawaii from the State Attorney General petitioning to adjust deadlines that relate to the State Reapportionment Commission. Please distribute this item to all commissioners for informational purposes. Ml./dkjr att. Hawai `i County is an Equal Opportunity Provider and Employer Electronically Filed Supreme Court SC PW-21-0000342 07-J U L-2021 01.50 PM Dkt. 3 OGP SCPW-21-0000342 IN THE SUPREME COURT OF THE STATE OF HAWAI`I STATE OF HAWAI`T ex rel. Clare E. Connors, Attorney General, Petitioner, vs. STATE OF HAWAT`T 2021 REAPPORTIONMENT COMMISSION, Respondent. ORIGINAL PROCEEDING ORDER GRANTING PETITION FOR WRIT OF MANDAMUS OR EXTRAORDINARY WRIT (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) The State of Hawaii ex rel. Clare E. Connors, Attorney General of the State of Hawaii ("Petitioner") has filed a petition for writ of mandamus or extraordinary writ, with the support of the State of Hawaii 2021 Reapportionment Commission ("Commission"), to adjust the deadlines for the Commission to (1) issue public notice of its proposed legislative and congressional reapportionment plans and (2) file its final legislative and congressional reapportionment plans, by slightly less than six months. Upon consideration of the petition and the supporting documents, and given the unique circumstances faced by the Commission, the requested extraordinary writ is necessary and within this court's authority. At the start of every decade, the United States Census Bureau ("Census Bureau") counts the total number of persons in each state. The following year, the Commission uses the data collected in the decennial census to reapportion the members of both houses of the State Legislature and the members of the U.S. House of Representatives allocated to Hawaii among districts that are as of nearly equal population as is practicable. This year, however, due to the federal government's unprecedented and unforeseeable delay in transmitting census data to the States as a result of the COVID-19 pandemic, it is impossible for the Commission to meet the deadlines for issuing public notice of its proposed legislative and congressional reapportionment plans and filing its final legislative and congressional reapportionment plans as set forth under Haw. Const. art. TV, § 2 and HRS § 25-2. Article IV, Section 2 of the Hawaii Constitution sets forth deadlines regarding the formation of the Commission and the submission of legislative reapportionment and congressional reapportionment plans; Section 2. A reapportionment commission shall be constituted on or before May 1 of each reapportionment year and whenever reapportionment is required by court order. The president of the senate and the speaker of the house of representatives shall each select two members. Members of each house belonging to the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission. The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the chief election officer and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairperson of the commission. Not more than one hundred fifty days from the date on which the members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law. HRS § 25-2(a), which was recently amended by Act 14, Session Laws of Hawaii 2021, sets forth additional requirements and deadlines for legislative reapportionment: Legislative reapportionment. The commission shall reapportion the members of each house of the legislature on the basis, method, and criteria prescribed by the Constitution of the United States and article IV of the Hawaii State Constitution. For purposes of legislative reapportionment, a "permanent resident" means a person having the person's domiciliary in the State. in determining the total number of permanent residents for purposes of apportionment among the four basic island units, the commission shall only extract non -permanent residents from the total population of the State counted by the United States Census Bureau for the respective reapportionment year. The commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. No more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice[] of a legislative reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days' notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed reapportionment plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in a basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, for consideration by the commission. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether the plan is in need 3 of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final legislative reapportionment plan. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice H to be given of the final legislative reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the next five succeeding legislatures. (Emphases added). HRS § 25-2(b) sets forth additional requirements and deadlines for congressional reapportionment: The commission shall first determine the total number of members to which the State is entitled and shall then apportion those members among single member districts so that the average number of persons in the total population counted in the last preceding United States census per member in each district shall be as nearly equal as practicable. . . . Not more than one hundred days from the date on which the members are certified, the commission shall cause public notice to be given of a congressional reapportionment plan prepared and proposed by the commission. The commission shall conduct public hearings on the proposed plan in the manner prescribed under subsection (a). At least one public hearing shall be held in each basic island unit after initial public notice of the plan. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final congressional reapportionment plan. Within fourteen days after filing of the final reapportionment plaza, the chief election officer shall cause public notice to be given of the final congressional reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the United States House of Representatives allocated to this State for the next five succeeding congresses. (Emphases added) . Under the present constitutional and statutory framework, the Commission's deadline to issue public notice of 4 its proposed legislative and congressional reapportionment plans is July 22, 2021, and its deadline to file its final legislative and congressional reapportionment plans is September 10, 2021. Due to COVID-19-related delays, the Census Bureau has announced that it will not be able to provide 2020 census data to the states until between August 15 and August 31, 2021, and that delivery of the 2020 redistricting data would be delayed from March 31, 2021 to September 30, 2021. Given this forecasted delay in the Census Bureau's release of the data, the Commission is unable to meet the time requirements under Haw. Const. art. IV, § 2 and HRS § 25-2. The purpose of the deadlines set forth in Haw. Const. art. TV, § 2 and HRS § 25-2 is to provide a means for timely action by the Commission to conduct a reapportionment. Taking this into consideration, together with the impossibility of compliance with the deadlines due to the extraordinary and unprecedented circumstances that we have faced over the past year -- a global public health crisis that has compelled the federal government to pause the decennial census and seek congressional authorization for an extension of its own deadline -- compels this court to provide relief in this instance. The Hawaii State Senate also recognized the need for relief when it adopted Senate Resolution No. 220, S.D. 1, which requested the Attorney General "to begin legal proceedings to . . . petition the Hawaii Supreme Court seeking relief to prevent action against the Reapportionment Commission for the Reapportionment Commission's 61 failure to meet statutory or constitutional deadlines relating to the 2021 reapportionment plans resulting from the United States Census Bureau's delay in delivering high quality data to the states and public[.]" Thus, pursuant to this court's jurisdiction under article VI, section 1 of the Constitution of the State of Hawaii, which provides this court with authority under HRS § 602-5(6) "[t]o make and award such judgments, decrees, orders and mandates, . . . and do such other acts and take such other steps as may be necessary to carry into full effect the powers . . . given to it by law or for the promotion of justice in matters pending before it[,]" and in light of the extraordinary and unprecedented circumstances at issue here, a narrow, one-time adjustment to the deadlines, to enable the relevant constitutional and statutory redistricting provisions otherwise to operate as written and intended, is appropriate. Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus or extraordinary writ is granted. The Commission shall: (1) issue a public notice of the Commission's proposed legislative and congressional reapportionment plans no later than January 8, 2022; and (2) file its final legislative and congressional reapportionment plans with the Chief Election Officer no later than February 27, 2022. 0 We emphasize that these adjustments to the relevant deadlines are solely limited to the required notice and filing set forth in (1) and (2), above. Should the federal government release the census data sooner, the Commission should make every effort to expedite its process and issue its public notice and final reapportionment plans in advance of the deadlines set forth in this order. DATED: Honolulu, Hawaii, July 7, 2021. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama e"AE t /s/ Sabrina S. McKenna _� a /s/ Michael D. Wilson FpF" /s/ Todd W. Eddins 7 COMMUNICATION 11 BRONSTEN-CLENN KOSSOW Chairperson JAMES HUSTACE Vice Chairperson REDISTRICTING2021 HAWAVI COUNTY DATE: September 17, 2021 TO: Members of the Hawaii County Redistricting Commission FROKk9A Bronsten-Glenn Kossow, Chairperson MEIZHU LUI DWAYNE YQSHINA BREEANI SUMERA-LEE JENNIFER YA13AO STEPHANIE BATH AINA AKAMU STEPHEN LOPEZ SUBJECT: transmitting breakdown of current total census population for existing council districts For your review and informational purposes, attached is a breakdown reflecting the current total. census population data within the nine existing council districts. Thank you. BK/dkyr att. Hcmai °i County is an Equal Opportunity Provider and rniployer°