REPORT TITLE:
Native Hawaiian Vote


DESCRIPTION:
Authorizes the Office of Elections to work with Ha Hawaii to
develop questions and organic political models to be voted on by
Hawaiians in a special election held in conjunction with the 2000
general election.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3164
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HAWAIIAN SOVEREIGNTY. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature, through Act 359, Session Laws
 
 2 of Hawaii (SLH) 1993, recognized the unique status that the
 
 3 native Hawaiian people bear to the State of Hawaii and to the
 
 4 United States.  In November 1993, the United States Congress
 
 5 enacted Public Law 103-150, which acknowledged and apologized for
 
 6 the illegal overthrow of the Kingdom of Hawaii and urged
 
 7 reconciliation between the United States of America and the
 
 8 indigenous Hawaiian people.  
 
 9      Through Act 200, SLH 1994, the legislature established the
 
10 Hawaiian sovereignty elections council, whose members were chosen
 
11 by Hawaiian organizations and confirmed by the governor, to
 
12 oversee a vote to determine the will of the native Hawaiian
 
13 people with respect to a native Hawaiian government.  Act 200
 
14 also called for the council to provide an apportionment plan,
 
15 establish the eligibility of convention delegates, and conduct
 
16 Hawaiian voter education and registration.
 
17      The council was unable to complete its tasks in 1995 due to
 
18 a budget freeze.  The legislature subsequently passed Act 140,
 
19 SLH 1996, which reauthorized the council's unexpended budget and
 

 
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 1 extended its work through December 31, 1996.
 
 2      In response to the State's fiscal dilemma, council members
 
 3 consulted with the Hawaiian community, the governor, state
 
 4 legislators, and the office of Hawaiian affairs.  As a result of
 
 5 these consultations, the council approved a "tripartite" funding
 
 6 approach, whereby it agreed to raise one-third of the moneys
 
 7 required to continue this process from private sources and
 
 8 approach the legislature and the office of Hawaiian affairs to
 
 9 fund the remaining balance of required moneys.  Fourteen council
 
10 members acting in their individual capacities incorporated a
 
11 domestic nonprofit corporation, Hawaiian Sovereignty Council
 
12 doing business as Ha Hawaii, to raise the one-third share of the
 
13 moneys required from private sources, to conduct a vote and an
 
14 election of delegates, and to hold a convention.
 
15      In 1996, the council conducted the mail-out on the Native
 
16 Hawaiian Vote.  The ballot question was:  "Shall the Hawaiian
 
17 people elect delegates to propose a native Hawaiian government?"
 
18 Act 140 provided that a majority of the ballots cast would
 
19 determine the outcome.  Vote counting was administered by the
 
20 League of Women Voters and vote results were certified on
 
21 August 24, 1996, in favor of the proposition.  Approximately
 
22 33,000 or forty per cent of the voters registered for the
 
23 election returned their ballots.  Of the returned, voted, and
 

 
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 1 valid ballots, over seventy-three per cent, or 22,294 ballots,
 
 2 were "YES" votes and less than twenty-seven per cent, or 8,129
 
 3 ballots, were "NO" votes.
 
 4      The legislature finds that the Hawaiian sovereignty
 
 5 elections council has fulfilled its responsibilities to the
 
 6 Hawaiian people, the general public, and the legislature under
 
 7 Acts 140, 200, and 359 in an exemplary manner.  The council spent
 
 8 thousands of hours in extensive consultation on an ongoing basis
 
 9 with the Hawaiian people to formulate and implement the native
 
10 Hawaiian vote and recommend the next steps.
 
11      The legislature also finds that the council has demonstrated
 
12 its competence at working with a majority of the Hawaiian people
 
13 and performing the technical work necessary to carry out their
 
14 will to elect delegates to a convention to propose a native
 
15 Hawaiian government.
 
16      The legislature further finds that Ha Hawaii's performance
 
17 and experience to successfully facilitate the election and
 
18 convening of delegates to the Native Hawaiian Convention,
 
19 otherwise known as 'Aha 'Oiwi Hawaii, without state funding is
 
20 commendable.
 
21      The delegates of 'Aha 'Oiwi Hawaii (Native Hawaiian
 
22 Convention) have met continuously since its election on
 
23 January 17, 1999, and will be prepared to propose a native
 

 
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 1 Hawaiian Government, or choice of forms thereof, for the Hawaiian
 
 2 electorate prior to the primary and general state elections in
 
 3 August and November 2000.
 
 4      Finally, the legislature finds that this Act would
 
 5 materially advance the public's interests in determining the
 
 6 proper course of future action with respect to native Hawaiians
 
 7 including but not limited to their status as primary
 
 8 beneficiaries under the Hawaiian Homes Commission Act of 1920, to
 
 9 further canvass the opinions of native Hawaiians with respect to
 
10 future governance of native Hawaiians on the matter addressed in
 
11 the native Hawaiian vote.  However, it is the legislature's
 
12 express intent that nothing in the election of delegates or
 
13 convening and completion of a convention in any way shall be
 
14 construed as binding the State or any other government entity to
 
15 any course of action, or confer on the delegates, convention, or
 
16 any other person or entity any role other than purely advisory.
 
17      The purpose of this Act is to authorize the state office of
 
18 elections to conduct an election by qualified Hawaiian voters to
 
19 determine a form of native Hawaiian government as proposed in
 
20 accordance with the native Hawaiian vote.  This election shall
 
21 coincide with the scheduled primary or general elections,
 
22 statewide, in the year 2000.
 
23      SECTION 2.  As used in this Act, unless the context
 

 
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 1 otherwise requires:
 
 2      "Ha Hawaii" means the domestic nonprofit corporation whose
 
 3 purpose, among others, is to ensure that the native Hawaiian vote
 
 4 mandate is carried out by the election of delegates and the
 
 5 convening and completion of a convention.
 
 6      "Hawaiian" and "native Hawaiian" means the descendants of
 
 7 the races inhabiting the Hawaiian islands prior to 1778.
 
 8      "Qualified Hawaiian voter" means any resident of the State
 
 9 that satisfies the requirements set forth in section 13D-2,
 
10 Hawaii Revised Statutes.
 
11      SECTION 3.  The state office of elections, in collaboration
 
12 with Ha Hawaii, shall formulate questions and organic political
 
13 models that determine a form of native Hawaiian government as
 
14 proposed in accordance with the native Hawaiian vote.  The
 
15 questions and organic political models developed pursuant to this
 
16 section shall be printed on a ballot and shall be voted upon by
 
17 qualified Hawaiian voters in a special election held in
 
18 conjunction with the general election of 2000.
 
19      SECTION 4.  This Act shall take effect upon its approval.
 
20 
 
21                       INTRODUCED BY:  ___________________________