THE SENATE |
S.R. NO. |
220 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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SENATE RESOLUTION
 
 
REQUESTING THE ATTORNEY GENERAL TO PETITION THE HAWAII SUPREME COURT seeking RELIEF TO PREVENT ACTION AGAINST THE REAPPORTIONMENT COMMISSION FOR the commission's FAILURE TO MEET STATUTORY OR CONSTITUTIONAL DEADLINES RELATING TO THE 2021 REAPPORTIONMENT PLANS.
 
 
        WHEREAS, a fundamental tenet of elections in the United States is the fair apportionment of representation across a given population, and the United States and Hawaii governments each have legislative bodies with legislators elected to represent individual districts that have an approximate equal number of citizens; and
 
        WHEREAS, Article IV, Section 2 of the Hawaii State Constitution calls for, and explains the procedures for, the convening of a reapportionment commission, which is tasked with creating a reapportionment plan for the state legislature and a reapportionment plan for United States congressional districts; and
 
        WHEREAS, the Hawaii State Constitution requires that the first eight members of the commission be selected by May 1 of a reapportionment year, and the chair of the commission to be selected no later than thirty days after the eighth member of the commission is selected; and
 
        WHEREAS, accordingly, the latest date for the final member and chair of the reapportionment commission to be selected is May 31; and
 
        WHEREAS, section 25-2, Hawaii Revised Statutes, requires reapportionment commissions to:
 
        (1)   Submit a draft of the reapportionment commission's respective reapportionment plans no later than one hundred days after the convening of the reapportionment commission; and
 
        (2)   Hold at least one public hearing on the proposed reapportionment plans in each basic island unit after a minimum of twenty days following public notice of the plan; and
 
        WHEREAS, accordingly, provided that the chair of a reapportionment commission is selected on May 31, the latest date that proposed reapportionment plans may be presented to the public is September 8, and the latest date on which a public hearing may be held is September 28; and
 
        WHEREAS, Article IV, Section 2 of the Hawaii State Constitution requires a reapportionment commission to submit to the Chief Election Officer final reapportionment plans no later than one hundred fifty days after the commission is convened; and
 
        WHEREAS, accordingly, provided that the chair of a reapportionment commission is selected on May 31, the latest date that the final reapportionment plans may be submitted to satisfy the Constitution is October 28; and
 
        WHEREAS, Article IV, Section 1 of the Hawaii State Constitution designates as reapportionment years "the year 1981 . . . and every tenth year thereafter", making 2021 a reapportionment year; and
 
        WHEREAS, due to each state's ever-changing populations, the United States Census is conducted every ten years by the United States Census Bureau for the purpose of gathering an accurate count of persons living in the United States, and this count is used in the reapportionment process to ensure fair and equal representation in legislative bodies; and
 
        WHEREAS, for the 2011 reapportionment, Hawaii received data from the United States Census Bureau on February 22, 2011; and
 
        WHEREAS, to date, Hawaii has not received the data from the United States Census Bureau necessary to prepare the 2021 reapportionment plans; and
 
        WHEREAS, due to the coronavirus disease 2019 (COVID-19) pandemic, the United States Census Bureau has announced that it expects to deliver to the states and the public the quality data necessary for states to prepare reapportionment plans later than previous years, potentially as late as September 30, 2021; and
 
        WHEREAS, due to the COVID-19 pandemic and the announcement from the United States Census Bureau, it appears unlikely that the 2021 reapportionment commission will be able to meet the commission's statutorily and constitutionally mandated deadlines; and
 
        WHEREAS, the reapportionment commission's inability to meet these statutory and constitutional deadlines makes the eventual reapportionment plans subject to legal challenge, which could detrimentally delay the State's elections process; now, therefore,
 
        BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, that the Attorney General is requested to begin legal proceedings to, when appropriate, petition the Hawaii Supreme Court seeking relief to prevent action against the reapportionment commission for the reapportionment commission's failure to meet statutory or constitutional deadlines relating to the 2021 reapportionment plans resulting from the United States Census Bureau's delay in delivering high quality data to the states and public; and
 
        BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of the United States Census Bureau, Governor, Chief Justice of the Hawaii Supreme Court, Attorney General, Chief Elections Officer, President of the Hawaii State Senate, Speaker of the House of the Hawaii House of Representatives, Minority Leader of the Hawaii State
Senate, and Minority Leader of the Hawaii House of Representatives.
 
 
 
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OFFERED BY: |
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Report Title:  
Attorney General; Re-Apportionment; Census; Delay