10H-4 Notice of qualified Native Hawaiian roll. (a) The commission shall publish notice of the certification of the qualified Native Hawaiian roll, update the roll as necessary, and publish notice of the updated roll of qualified Native Hawaiians; provided that the commission shall not publish or release any verification documents of any qualified Native Hawaiian on the roll.

(b) The publication of the initial and updated rolls shall serve as the basis for the eligibility of qualified Native Hawaiians whose names are listed on the rolls to participate in the organization of the Native Hawaiian governing entity. [L 2011, c 195, pt of 2; am L 2012, c 84, 2]

 

Case Notes

 

In 42 U.S.C. 1983 action brought by native Hawaiians and Hawaii residents of non-Hawaiian ancestry challenging statutory restrictions on registering for a "roll" of qualified native Hawaiians as violative of their First Amendment and equal protection rights, the public interest would not be served by a preliminary injunction to halt nonprofit corporation's private election of native Hawaiian delegates to a convention of native Hawaiians to discuss, and possibly organize, native Hawaiian governing entity. Plaintiffs were not likely to be deprived of any constitutional rights, and granting injunction would potentially affect approximately 100,000 people on nonprofit corporation's voter list who may want to participate in the process of self-determination. 141 F. Supp. 3d 1106 (2015).

While plaintiffs claimed that their inclusion on a roll of native Hawaiians through the Office of Hawaiian Affairs (OHA) registry violated their First Amendment right against compelled speech or right not to register to vote and sought preliminary injunctions to halt nonprofit corporation's private election of native Hawaiian delegates to convention of native Hawaiians to discuss, and possibly organize, native Hawaiian governing entity, OHA did not require affirmations of sovereignty or civic connection to native Hawaiian community. Thus, being on the roll did not compel statement as to sovereignty, and plaintiffs could have removed their names from the roll. 141 F. Supp. 3d 1106 (2015).

 

 

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