So let’s say you want to hold fundraisers for political bigshots in your home. When the crowd you are hobnobbing with includes Bill Clinton, you might expect the Secret Service to come along, and you might expect that your local constabulary is asked to pitch in to help the T-Men with security, and traffic and
Voting rights | election law
Perpetual Campaigns And Hawaii’s “Resign To Run” Requirement
By Robert H. Thomas on
Posted in Voting rights | election law
Today’s Honolulu Star-Advertiser runs the editorial Perk of incumbency: Unequal time, about Hawaii’s “resign to run” requirement (article II, section 7 of the Hawaii Constitution), particularly the interplay with equal time in broadcast media:
The cynic might say that elected officials are candidates every day of their working lives. Attorney Robert Thomas, who admits…
Multimedia Round-Up
What we’re looking at and listening to today. Some video, some podcasts.
- First up is the video above from Reason.tv, Billionaires v. Brooklyn’s Best Bar: Eminent Domain Abuse & The Atlantic Yards Project
- A clip about the owner of what might be “the most condemned property in America.” It features a Virginia rancher whose property
…
HAWSCT: County Council Member Subject To Declaratory Judgment Claim He Is Not A Resident Of His District
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
This just in: in a unanimous opinion authored by Justice Acoba, the Hawaii Supreme Court held that a Maui council member immediately forfeits office should the council member violate the continuous residency requirements of Maui Charter § 3-3. DeJetley v. Kahoohalahala, No. 29919 (Feb. 10, 2010). The court held that section 3-3 could be…
Final Brief In Maui Councilmember Residency Appeal: What Is “Immediate Forfeiture And Vacancy?”
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
Today, we filed the Reply Brief in DeJetley v. Kahoohalahala, No. 29929, the appeal now pending in the Hawaii Supreme Court regarding the Lanai member of the Maui Council who is alleged to not be a resident of Lanai as required by the county charter.
Section 3-3 of the Charterprovides that “If a council…
Answering Brief In Maui Councilmember Residency Appeal: What Is “Immediate Forfeiture And Vacancy?”
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
Here’s the Answering Brief filed by a Maui Councilmember in the case in which Lanai residents and voters assert he forfeited the Lanai seat on the Maui County Council under section 3-3 of the Maui Charter since he is not a resident of Lanai.
Section 3-3 of the Charterprovides that “If a council member…ceases to…
Media Reports On HAWSCT “Residency” Decision
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
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…
HAWSCT: “Residency” Requires Physical Presence Plus Intent
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
In an opinion issued today, the Hawaii Supreme Court held that in order to register to vote as a resident of a district, a person must have a fixed habitation in the district in which he is attempting to register, as well as a “physical presence” there. Dupree v. Hiraga, No. 29646 (Oct. 20, …
Brief In Maui Councilmember Residency Appeal: What Is “Immediate Forfeiture And Vacancy?”
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
Update: the Hawaii Supreme Court’s unanimous opinion affirming that “immedeately forfeit” means the circuit court has the power to declare that a council seat is vacant, is here.
Yesterday, we filed the Opening Brief on behalf of Lanai residents and voters in their appeal from the Maui circuit court’s dismissal of their complaint that…
HAWSCT Oral Argument Recording In Voter Registration Residency Appeal
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
The recording of the oral argument in Dupree v. Hiraga, No 29464 has been posted. It is available here (caution, massive 34mb mp3 download). (Oral arguments in Hawaii’s appellate courts are not reduced to a written transcript, and the electronic recordings are the only record of arguments.)
The appeal concerns whether the State Board …