APPORTIONMENT WITHIN BASIC ISLAND UNITS

     Section 6.  Upon the determination of the total number of members of each house of the state legislature to which each basic island unit is entitled, the commission shall apportion the members among the districts therein and shall redraw district lines where necessary in such manner that for each house the average number of permanent residents per member in each district is as nearly equal to the average for the basic island unit as practicable.

     In effecting such redistricting, the commission shall be guided by the following criteria:

     1.  No district shall extend beyond the boundaries of any basic island unit.

     2.  No district shall be so drawn as to unduly favor a person or political faction.

     3.  Except in the case of districts encompassing more than one island, districts shall be contiguous.

     4.  Insofar as practicable, districts shall be compact.

     5.  Where possible, district lines shall follow permanent and easily recognized features, such as streets, streams and clear geographical features, and, when practicable, shall coincide with census tract boundaries.

     6.  Where practicable, representative districts shall be wholly included within senatorial districts.

     7.  Not more than four members shall be elected from any district.

     8.  Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided. [Add Const Con 1978 and election Nov 7, 1978; am HB 2327 (1992) and election Nov 3, 1992]

Note

  A proposal of the 1978 Constitutional Convention adding to the second paragraph an item 9 reading:  "9.  No consideration shall be given to holdover senators in effecting redistricting." was not validly ratified.  Kahalekai v. Doi, 60 H. 324, 590 P.2d 543.  In view of the holding, the revisor has deleted the provision under the authority of Resolution No. 29 of the 1978 Constitutional Convention.

  In view of the addition to this article of a new section 5, the revisor has renumbered this section as section 6 under the authority of Resolution No. 29.

Case Notes

  Plaintiff citizens had not shown a likelihood of succeeding on their claim that Hawaii's legislative reapportionment plan's use of a permanent resident base, coupled with extraction of military personnel, their dependents, and students, constituted an equal protection violation for the purpose of a preliminary injunction; further, the equities and public interest tipped overwhelmingly in defendant reapportionment commission's favor, as any preliminary relief at this stage would significantly upend the election process; plaintiff's motion for preliminary injunction denied.  878 F. Supp. 2d 1124 (2012).

  "Compact and contiguous" districts discussed in context of council district reapportionment plan under city charter.  75 H. 463, 868 P.2d 1183.