Section 4.  The commission shall allocate the total number of members of each house of the state legislature being reapportioned among the four basic island units, namely:  (1) the island of Hawaii, (2) the islands of Maui, Lanai, Molokai and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and (4) the islands of Kauai and Niihau, using the total number of permanent residents in each of the basic island units and computed by the method known as the method of equal proportions; except that no basic island unit shall receive less than one member in each house. [Add Const Con 1978 and election Nov 7, 1978; am HB 2327 (1992) and election Nov 3, 1992]


Case Notes


  Plaintiff citizens had not shown a likelihood of succeeding on their claim that Hawaii's legislative reapportionment plan's use of a permanent resident base, coupled with extraction of military personnel, their dependents, and students, constituted an equal protection violation for the purpose of a preliminary injunction; further, the equities and public interest tipped overwhelmingly in defendant reapportionment commission's favor, as any preliminary relief at this stage would significantly upend the election process; plaintiff's motion for preliminary injunction denied.  878 F. Supp. 2d 1124 (2012).

  Where the final reapportionment plan included thousands of non-permanent university student residents and non-permanent active duty military residents, as well as thousands of other non-permanent residents who were the dependents of the non-permanent active duty military residents, the plan disregarded the express mandate of this section that only permanent residents be counted in the population base for the purpose of reapportionment of the state legislature; the inclusion of non-permanent residents was an error in the plan rendering the plan constitutionally invalid under this section.  126 H. 283, 270 P.3d 1013 (2012).



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