Here are a couple of reports about yesterday’s decision by the Hawaii Supreme Court in Dupree v. Hiraga, No. 29646 (Oct. 20, 2009):
- Kaho‘ohalahala not a Lanai resident (The Maui News)
- Activist is not a Lanai resident, court says (Honolulu Star-Bulletin)
The court held that inorder to establish residency as a voter, a person must have a fixed habitation inthe district in which he is attempting to register, as well as a”physical presence” there. Intent to return is not enough. The case concerned whether the State Board of Registration (County of Maui)correctly concluded that a Maui County councilperson who registered tovote as a Lanai resident is actually a resident of Maui. The unanimous court, in an opinion by Justice Mark Recktenwald, affirmed.More about the opinion here.
[Disclosure: my Damon Key colleagues and I represent the Lanai voterswho prevailed in the appeal.]