Oral Argument Before the Supreme Court
Nos.SCPW-11-0000732 and SCPW-11-0000741 Wednesday, January 4, 2012, 9 a.m.
No. SCPW-11-0000732 – MALAMA SOLOMON, STATE SENATOR, 1ST SENATORIAL DISTRICT; LOUIS HAO; PATRICIA A. COOK; and STEVEN G. PAVAO, Petitioners, vs. NEIL ABERCROMBIE, GOVERNOR, STATE OF HAWAI`I; SCOTT NAGO, CHIEF ELECTION OFFICER, STATE OF HAWAI`I; STATE OF HAWAI`I 2011 REAPPORTIONMENT COMMISSION; VICTORIA MARKS; LORRIE LEE STONE; ANTHONY TAKITANI; CALVERT CHIPCHASE IV; ELIZABETH MOORE; CLARICE Y. HASHIMOTO; HAROLD S. MASUMOTO; DYLAN NONAKA; and TERRY E. THOMASON, Respondents.
No. SCPW-11-0000741 – MICHAEL J. MATSUKAWA, Petitioner, vs. STATE OF HAWAI`I 2011 REAPPORTIONMENT COMMISSION; and SCOTT NAGO, CHIEF ELECTION OFFICER, STATE OF HAWAI`I, Respondents.
Attorneys for Petitioners:
Stanley H. Roehrig, Robert D.S. Kim, and Peter Van Name Esser (for Solomon, etc.); and Michael J. Matsukawa, Pro Se (for Matsukawa)
Attorneys for Respondents:
Charleen M. Aina and Harvey E. Henderson, Jr., Deputy Attorneys General (for Abercrombie); Russell A. Suzuki, Diane Erickson, and Robyn B. Chun, Deputy Attorneys General (for Nago, etc.).
The above-captioned cases have been set for argument on the petitions at:
Supreme Court Courtroom
417 South King Street
Honolulu, HI 96813
NOTE: Petitions for Writs of Mandamus filed 10/10/11 in SCPW-11-0000732 and filed 10/11/11 in SCPW-11-0000741.
COURT: MER, CJ; PAN, SRA, JED, & SSM, JJ.
Petitioners Malama Solomon, Louis Hao, Patricia Cook, Steven Pavao, and Michael Matsukawa filed petitions for writs of mandamus: (1) invalidating the 2011 Final Reapportionment Plan for the state legislature adopted and filed on September 26, 2011 by the State of Hawai`i 2011 Reapportionment Commission; (2) directing the Reapportionment Commission to prepare and file a new reapportionment plan for the state legislature; and (3) directing the Chief Election Officer to rescind publication of the 2011 Final Reapportionment Plan.
The 2011 Final Reapportionment Plan apportioned each house of the state legislature by allocating and maintaining, as to the Senate, eighteen seats for Oahu County, three seats for Hawaii County, three seats for Maui County, and one seat for Kauai County. Petitioners contend that the allocation is not based on the total number of permanent residents in each of the counties, as required by the Hawai`i Constitution, article IV, section 4. Petitioners contend that the allocation is based on a permanent resident population that does not exclude all non-permanent residents and that the exclusion of all non-permanent residents results in an allocation wherein Hawaii County gains a fourth senate seat and Oahu County loses a senate seat.