HomeMy WebLinkAboutChapter 36 RedistrictingSection 36-1. Definitions.
Section 36-2. Training
Section 36-3.
Section 36-4.
Section 36-5.
Section 36-6.
CHAPTER 36
REDISTRICTING
Article 1. Definitions.
Article 2. Training.
Article 3. Redistricting Criteria.
Established criteria.
Additional criteria.
Article 4. Plan Deviations.
Total deviation.
Maximum council district deviation.
Article 5. Alternate Plan.
Section 36-7. Plan proposed by the public.
Section 36-8. Alternate plan consideration.
Section 36-9. Repealed.
Article 6. Final Plan.
Section 36-10. Written report.
Section 36-11. Challenges to the plan.
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REDISTRICTING § 36-1
CHAPTER 36
REDISTRICTING
Article 1. Definitions.
Section 36-1. Definitions.
As used in this chapter:
"Bizarre council district shape" means a council district that is drawn to have a
very odd or grotesque shape, that has absurdities or is ridiculous in design, may cause
grotesque projections into another district, may add an area that defies logic as to why
it was included, or is so weird on its face that it is unexplainable on grounds other than
gerrymandering.
"Commission" means the redistricting commission.
"Commissioner" means one of the nine members of the commission, duly appointed
in the manner prescribed in section 13-4 of the Charter.
"Community of interest" or "community of common interest" means a group defined
by actual shared interests.
"Council district deviation" means the number of percentage points plus or minus
5.99 percent that a population assigned to a council district differs from that of an ideal
council district's population.
"Fracturing" or "cracking" means drawing council district lines so that a minority
population is broken up and spread among as many council districts as possible,
keeping them a minority in every council district, rather than permitting them to
concentrate their strength enough to elect representatives in some council districts.
"Gerrymander" means the process of drawing council districts with odd or bizarre
shapes to create an unfair advantage.
"Ideal council district's population" means the total number of the County's
permanent residents divided by the number of council districts.
"Minority population" means a group with similar demographics or characteristics
that may share but not be limited to• ethnicity, political preferences, a socio-economic
group, or a community of interest or community of common interest.
"One person, one vote" means using a benchmark against which the residents of the
County may measure democracy; the vote of each resident shall be as equally powerful
as practicable and the population shall be divided as equally as practicable as to the
County's permanent resident population so that each person and each interest has an
equal amount of representation in government.
"Packing" means drawing council district boundary lines so that the members of the
minority population are concentrated, or "packed," into as few council districts as
possible, resulting in a super -majority of that minority population in the packed council
district.
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§ 36-1 HAWAII COUNTY CODE
"Permanent resident" for census purposes means a person who is domiciled in the
County for other than a temporary or transitory purpose. No person shall be deemed to
have gained or lost a residence simply because of a person's presence or absence in
compliance with military or naval orders of the United States, or while engaged in
aviation or navigation, or while a student at any institution of learning.
"Plan" means a redistricting plan proposed by the commission or any alternative
plan submitted by the public.
"Practicable" means reasonably capable of being accomplished, possible or feasible.
"Redistricting" means establishing the boundaries of the council districts, which
shall have approximately equal resident populations as required by applicable
constitutional provisions.
"Redistricting cycle" means that period of time when the United States Census
Bureau conducts a census of the population of the United States of America in the
census year followed by redistricting in the redistricting year, and culminates with the
next general election following redistricting.
"Region" means one of six geographical areas which includes: Puna, comprised of
Upper and Lower Puna; Kona, comprised of North and South Kona; Kohala, comprised
of North and South Kohala; Hilo, comprised of North and South Hilo; Ka`u; and
Hamakua.
"Socio-economic group" means a group that shares both economic and social
characteristics.
"Standard of fairness principles" means that the commission shall use honesty,
morality, and fairness in its decisions regarding redistricting.
"Total deviation" means the overall range used to measure the population equality
of a plan; the difference between the council district with the most negative percentage
deviation and the council district with the most positive percentage deviation.
"United States census year" means those years ending in the numeral zero such as
2010, 2020, etc.
"Vote dilution" means the limitation of the effectiveness of a particular group's vote
by political gerrymandering.
(2011, ord 11-29, sec 2; am 2018, ord 18-98, sec 2.)
Article 2. Training.
Section 36-2. Training.
Commissioners shall be trained in redistricting law and the code of ethics by the
office of the corporation counsel or its designated agent, and may be provided any other
training by appropriate personnel to enable the commission to be efficient and educated
on this topic.
(2011, ord 11-29, sec 2.)
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REDISTRICTING § 36-3
Article 3. Redistricting Criteria.
Section 36-3. Established criteria.
The commission shall adhere to the criteria in establishing boundaries of the
council districts set forth in section 3-17, subsection (g) of the Charter.
(2011, ord 11-29, sec 2.)
Section 36-4. Additional criteria.
In addition to the established criteria, the commission shall also adhere to the
following criteria in establishing boundaries of the council districts:
(1) Council districts shall have approximately equal, permanent, resident
populations, as required by applicable constitutional provisions to prevent vote
dilution to the maximum degree practicable.
(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 proposed council
district's population and its deviations from an ideal council district's
population, if practicable.
(3) An ideal council district's population number shall be used to determine by
what percentage each council district's population deviates from the
population of an ideal council district.
(4) The number of council districts to which a region is entitled shall be
determined by adding together the permanent resident population according
to the United States census for the applicable United States census year
within each region and dividing that number by an ideal council district's
population.
(A) Fractional portions of such districts shall be rounded to the nearest
integer to determine the number of council districts required for that
region.
(B) Numbers from 0.10 to 0.49 shall be rounded down to the nearest integer.
Numbers from 0.50 to 0.99 shall be rounded up to the nearest integer.
(5) There shall be no partisanship or racism in drawing council district
boundaries.
(6) No council district shall be drawn to unduly favor or penalize an incumbent.
(7) Council district boundaries shall be drawn without regard to any incumbent's
residential location, any incumbent's ability to run for re-election in that
incumbent's current council district, or whether any incumbent faces another
incumbent for re-election.
(8) Community of interest or community of common interest shall be respected
and be kept together in the plan, if practicable.
(9) Council districts shall be drawn to be as compact as practicable while
maintaining the community or communities of interest.
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§ 36-4 HAWAI`I COUNTY CODE
(10) The County shall use to the extent possible a reasonably current computer
mapping program and shall make the program accessible to the public, if
practicable.
(11) All parts of each council district shall be contiguous to the council district and
be reachable by roads internal to the council district.
(12) There shall be no gerrymandering for any reason.
(13) The drawing of bizarre council district shapes shall be avoided even if a
previous plan was designed using an odd, unusual, or illogical shape.
(14) There shall be no fracturing, packing, or cracking of council districts, if
practicable.
(15) The one person, one vote principle shall be used.
(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.
(17) If practicable, socio-economic criteria used in developing the plan, not
specifically set forth in this chapter, shall be identified, documented, and
approved by majority vote of the commission, before drawing proposed council
district boundaries. If practicable, socio-economic groups shall be kept
together.
(2011, ord 11-29, sec 2.)
Article 4. Plan Deviations.
Section 36-5. Total deviation.
(a) The total deviation for the entire plan shall be less than ten percent.
(b) If a population of permanent residents must be assigned to a different council
district to ensure that the total deviation is less than ten percent and such
equalization involves reassigning any portion of a subdivision, the entire
subdivision shall be moved as a unit, if practicable.
(2011, ord 11-29, sec 2.)
Section 36-6. Maximum council district deviation.
(a) The maximum council district deviation for a proposed council district shall not
exceed plus or minus 5.99 percent of an ideal council district's population.
(b) If practicable, documented, high-growth areas shall be drawn to receive the most
negative council district deviation percentage in the final plan so that as a high
growth area or district continues to increase in population between census years,
the council district's deviations may be equalized.
(2011, ord 11-29, sec 2; am 2018, ord 18-98, sec 3.)
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REDISTRICTING § 36-7
Article 5. Alternate Plan.
Section 36-7. Plan proposed by the public.
(a) Any resident or group of residents of the County shall have the right to propose an
alternate plan to the commission for review.
(b) The deadline for the submission of an alternate plan or plans shall be determined
by the fourth meeting of the commission and that date shall be publicly announced.
(c) Any proposed alternate plan shall be submitted to the commission at least eight
weeks prior to the deadline for the draft plan.
(2011, ord 11-29, sec 2.)
Section 36-8. Alternate plan consideration.
(a) To be considered for commission review, the alternate plan shall include a
computerized map of the proposed council districts, the total population number
used to devise the plan, the total deviation not to exceed ten percent, and the
deviation for each council district not to exceed plus or minus 5.99 percent.
(b) An alternate plan shall be provided to the commission for discussion at public
hearings unless the commission formally rejects the alternate plan for just cause.
(c) Any alternate plan submitted for consideration that the commission has not
formally rejected for just cause during public hearings shall continue to be
considered by the commission for the remaining public hearings and meetings until
a final plan is selected.
(2011, ord 11-29, sec 2; am 2018, ord 18-98, sec 4.)
Section 36-9. Repealed.
(2011, ord 11-29, sec 2; rep 2018, ord 18-98, sec 5.)
Article 6. Final Plan.
Section 36-10. Written report.
(a) The commission shall submit a written report to the county clerk transmitting the
final plan chosen by the commission.
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§ 36-10
(b)
HAWAI`I COUNTY CODE
The written report shall include:
(1) The final vote of the commission as to its choice of plan;
(2) The total permanent, resident population base used by the commission;
(3) The total deviation of the final plan;
(4) Each proposed council district's population and its associated deviation;
(5) Maps of each council district and a written description of each council district's
boundary;
(6) A map of the island with all proposed council districts included;
(7) 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 is to be
held prior to the commission's selection or determination of any council
district 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 included with the submission of the final plan and shall
set forth the commission's rationale for divergences from or additions to
the redistricting criteria.
(8) Minutes of all meetings and hearings associated with the commission;
(9) Documentation in the commission's final report stating the reason any
alternate plan, whether accepted or not, was selected or rejected; and
(10) Any other data used by the commission in its deliberations.
(2011, ord 11-29, sec 2.)
Section 36-11. Challenges to the plan.
In the event of a successful court challenge of a plan, the commission shall continue
in operation and may assist the court in formulating a new plan unless a court of
competent jurisdiction determines otherwise.
(2011, ord 11-29, sec 2.)
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