HomeMy WebLinkAboutComm. 018 - 2021-10-13 Office of the Corporation Counsel: Adjustment of Census Data
COMMUNICATION 018
MitchellD. RothElizabeth A. Strance
MayorCorporation Counsel
J S. Yoshimoto
Assistant Corporation
Counsel
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hilo, 96720 Phone(808) 961-8251 Fax (808) 961-8622
October 13, 2021
MEMORANDUM
To:Bronsten Kossow, Commission Chairperson
From:Diana M. Mellon-Lacey, Deputy Corporation Counsel
Re:Adjustment of Census Data
__________________________________________________________________
The Redistricting Commission has received testimony advocating the adjustment or modification
of the 2020 census data. A commissioner has asked: What legal obligations exist requiring the
commission to modify the census data?
adjustment.
-4(2) Nonresident military
personnel, nonresident military dependents, nonresident students, and foreign nationals or
aliens shall be excluded from the permanent resident population base used to calculate each
population if practicable.
adjustment of data.
According to HCC §36-4(16) If the commission establishes criteria in addition to those
enumerated in the Charter and this chapter,the commission shall use impartial criteria that
meet standard of fairness principles.
HCC § 36-10(7) states: Justification for any divergence from any of these requirements or
criteria or any criteria added by the commission and in addition:
(A) Divergence from or adding additional redistricting criteria shall require formal adoption
by the commission. The commission shall justify the divergence or addition to the redistricting
criteria at a duly noticed and scheduled public meeting. Such justification and public meeting
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boundaries and before the deadline for filing an alternate plan or plans, as the case may be;
(B) Written justification for divergence, criteria changes, and meeting minutes shall be
for divergences from or additions to the redistricting criteria.
Conclusion: Notwithstanding any potential challenges to adopting additional redistricting
criteria, given that the deadline for filing alternate plans has been set for October 14, 2021, this
issue appears to be moot.
cc: Dennis Kauka, Redistricting Secretary
Patricia Nakamoto, Elections Program Administrator
Redistricting Commission Members