Media Reports On HAWSCT "Residency" Decision

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 in order to establish residency as a voter, a person must have a fixed habitation in the 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 to vote 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 voters who prevailed in the appeal.]