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Hawaii Constitutional Studies 1978

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Hawaii Constitutional Studies 1978 HAWAII CONSTITUTIONAL CONVENTION STUDIES 1978 Article 111: Reapportionment in Hawaii (Volume 11) Craig Kugisaki Legislative Reference Bureau State Capitol ~onolulu~Hawaii 96813 Price $2.00 Richard F. Kahle, Jr. Samuel B. K. Chang May 1978 Fdtti~r Drrector TABLE OF CONTENTS Pz- ARTICLE 111, THE LEGISLATURE (REAPPORTIONMEXT). vi ARTICLE LY, EDUCATiON (BOARD OF EDUCATIOK) . riii 1. INTRODUCTION . 1 Development of Xalapportionment . 2 Methods of Maintaining Malapportionment . 3 Effects of Maiapportionment. 5 Rural-Urban Balance . 5 Two-Party System . 5 Legislative Policy. 6 Federal System. 6 2. JUDICIAL BACKGROUND AlUD LEGAL COKSIDERATIOKS - . 6 Part I. Introduction . ti Part II. A Capsule Survey of Reapportionment in the Courts from Colegrove to Reynolds . - - . 8 Part 111. Scope of Judicial Review of an ;ipporticnmesf Plan. 11 Part IV. "Popuiation" as an Apportionment Base and the Relation of the Registered Voters Xrasure to it . 13 Part V. Representativeness of Apporrionment . 16 Part Vi. ?3lulthember Districts and Voter Strength Dilution . 22 Part VII. Floteriai Districts . 28 Part Vil!. The Slot and Place Systems . SO Part IX. Weighted and Fractional Voting . - . 35 3. LEGISLATIVE APPORTIONFTIIEXT . - - - - - . - - . - 37 Part I. Introduction . - - . 37 Part I1 . Reapportionment and the Constitutional Convention of 1968 ........... Part I11 . Burns v . Gill: The Court Looks at the 1968 Constitutional Amendments ... Part IV . Legislative Reapportionment by Commission ..... 43 Deviat.ions Among Districts .............. 47 Court Review of the 1973 Reapportionment Plan ..... 49 4 . SCHOOL DISTRICT APPORTIONMEET .............. 53 School District Apportionment. Generally .......... 53 Board of Education Apportionment in Hawaii ......... 57 5 . COSGRESSIONAL APPORTIONMENT .............. 63 Part 1 . Introduction ............... 63 Part 11 . Power of Congress Over Apportionment and Districting ................. 64 Congressional Power Over Apportionment ........ 64 Congressional Power Over Districting ......... 65 Part 111 . Relevant Criteria for Congressional Districting: The Principle of "Equal Population" ..... 66 Part IV . "Population" ................. 75 Part V . Congressional Districting in Hawaii ........ 79 6 . SELECTING THE APPORTIONMENT BASE ............ 84 Part I . introduction .................. 84 Part 11 . Criteria for Analyzing Apportionment Bases ....................... 86 Data ~Vzailahiiity .................. 86 Effect on Basic Island Units ............. 86 Representational Policy ............... 87 Part 111 . Comparison of Yopulation Measures ........ 88 7 . APPORTIONMENT AND DISTRICTING ............ Part I . Introduction ................. Part I1 . Representational Structure ........... Legislator-Constituent Relationship ......... View of State Problems .............. Pressure Group and Political Party Influence ..... Effects on District Elections ............ Representation of Interests ............. Opportunities for Gerrymandering .......... Part I11 . Electoral Systems in Multimember Districts ..................... Single-Ballot-Plurality System ........... Limited Voting .................. Cumulative Voting ................ Proportional Representation ............ Part IV . District Boundary Guidelines ...... 8 . MACHINERY FOR APPORTIONMENT ... + ..... Part I . Introduction ................. Part I1 . Apportionment Agencies .-......... The Legislature ................. Executive Officials ................ Commission or Board ............... Electronic Computers ............... Part I11 . Type of Functions .............. Part IV . Enforcement Procedures .......... Part V . Frequency of Apportionment ........ Decennial Apportionment .............. Six-Year versus Eight-Year Apportionments ....... Five-Year Apportionments .............. A. Percentage Deviations Resulting from 1968 and 1973 Reapportionments .................... 155 B. State Legislative Apportionment ................ 161 C. Population and Registration Voter Breakdowns by Island Units ........................ 163 D. Use v.: Single- and Multi-Member Districts for State Legislatures ...................... 164 E. Party Distribution of Seats in Multimember Districts of the Hawaii House of Representatives ............. 165 F. Party Distribution of Seats in Multimember District Elections for Hawaii Senate .................. 166 Article I11 THE LEGISLATURE REAPPORTIONMENT REAPPORTIONMENT YEARS Section 4. The year 1973 and every eighth year thereafter shail be reappor- tionment years. REAPPORTIONMENT COMMISSION A legislative reapportionment commission shall be constituted on or before March 1 of each reapportionment year and whenever reapportionment is required by court order. The commission shall consist of nine members. The president of the senate and the speaker of the house of representatives shall each select two members. Members of each house belonging to the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission. The eight members so selected shall, promptly after selection, be certified by the selecting authorities to the chief election officer and shall within thirty days thereafter select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairman ofthe commission. Each of the four officials designated above as selecting authorities for the eight members of the commission shall, at the time of the commission selections, also select one person from each basic island unit to an apportionment advisory council for that island unit. The councils shali remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit. A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court. The commission shall act by majority vote of its membership and shall establish its own procedures except as may be provided by law. Not more than one hundred twenty days from the date on which its mem- bers are certified the commission shall file with the chief election officer a reap- portionment plan, which shall become law after publication as provided by law. Members of the commission shall hold office until the reapportionment plan becomes effective or until such time as may be provided by law. No member of the reapportionment commission or an apportionment advi- sory council shall be eligible to become a candidate for election to either house of the legislature in either of the first two eiections under any such reapportion- ment plan. Commission and apportionment advisory council members shall be com- pensated and reimburxd for their necessary expenses as provided by law. The chief dection officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services. The legislature shall appropriate funds to enable the commission to carry out its duties. 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. MANDAMUS AND JUDlCiAL REVIEW Original jurisdiction is vested in the supreme court of the State to be exer- cised on the petition of any registered voter whereby it may compel, by mandamus or otherwise, the appropriate person or persons to perform their duty or to correct any error made in a reapportionment plan, or it may take such other action to effectuate the purposes of this section as it may deem appropriate. Any such petition must be filed within forty-five days of the date specified for any duty or within forty-five days after the filing of a reapportionment plan. (Am Const Con 1968 and election Nov 5, 19681 ELECTION OF MEMBERS; TERM Section 5. The members of the legislature shall be elected at general elec- tions. The term of office of members of the house of representatives shall be two years beginning with their election and ending on the day of the next general election, and the term of office of members of the senate shall be four years beginning with th&- election and ending on the day of the second general election after their election. Article IV EDUCATION BOARD OF EDUCATION Section 2. There shall be a board of education composed of members who shall be elected by qualified voters in accordance with law. At least pan of the membership of the board shall represent geographic subdivisions of the State. [Am HB 4 (1963) and election Nov. 3, 19641 CHIEF ELECTION OFFICER The legislature shall provide for a chief election offrcer of the State, whose responsibilities shdl be as prescribed by law and shall include the supervision of state elections, the maximization of registration of eligible voters throughout the State and the maintenance of data concerning registered voters, elections, appor- tionment and districting. APPORTIONMENT AMONG BASIC ISLAND UNITS The commission shall allocate the total number of members of each house being reapportioned among the four basic island units, namely (Ij the island of Hawaii, (2) the
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