OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF

BOARD OF TRUSTEES

 

     Section 5.  There is hereby established an Office of Hawaiian Affairs.  The Office of Hawaiian Affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians.  There shall be a board of trustees for the Office of Hawaiian Affairs elected by qualified voters who are Hawaiians, as provided by law.  The board members shall be Hawaiians.  There shall be not less than nine members of the board of trustees; provided that each of the following Islands have one representative:  Oahu, Kauai, Maui, Molokai and Hawaii.  The board shall select a chairperson from its members. [Add Const Con 1978 and election Nov 7, 1978]

 

Cross References

 

  Statutory provisions, see chapters 10 and 13D.

 

Attorney General Opinions

 

  A voter must qualify as a Hawaiian in his or her own right, not on the basis of the racial descent of the adoptive parents.  Att. Gen. Op. 80-6.

  The requirement that trustees be Hawaiians is not violative of the equal protection clauses; also the restriction to Hawaiians of the right to vote for trustees is not impermissible.  Att. Gen. Op. 80-8.

 

Law Journals and Reviews

 

  To Dwell on the Earth in Unity:  Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai'i.  V HBJ No. 13, at pg. 15.

  Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts.  14 UH L. Rev. 519.

  Native Hawaiian Entitlement to Sovereignty:  An Overview.  17 UH L. Rev. 427.

  The California Civil Rights Initiative:  Why It's Here, Its Far Reaching Effects, and the Unique Situation in Hawai'i.  22 UH L. Rev. 279.

  Matters of Trust:  Unanswered Questions After Rice v. Cayetano.  23 UH L. Rev. 363.

  The Akaka Bill:  The Native Hawaiians' Race For Federal Recognition.  23 UH L. Rev. 857.

  Akaka Bill:  Native Hawaiians, Legal Realities, and Politics as Usual.  24 UH L. Rev. 693.

 

Case Notes

 

  State's electoral restriction enacted a race-based voting qualification; Hawaii's denial of petitioner's right to vote, where petitioner was not a "Hawaiian", was a clear violation of the Fifteenth Amendment to the U.S. Constitution.  528 U.S. 495.

  Does not violate section 5 of the Admission Act.  921 F.2d 950.

  Limitation of eligibility to be a candidate for office of Hawaiian affairs trustee to Hawaiians invalid under the Fifteenth Amendment and §2 of the Voting Rights Act; plaintiffs lacked standing to challenge the restriction that appointed trustees be Hawaiian.  314 F.3d 1091.

  Plaintiff challenging constitutionality of article XII, §§5 and 6 of state constitution and chapter 10, lacked standing, where plaintiff had not suffered any injury-in-fact.  188 F. Supp. 2d 1233.