Rice v. Cayetano
| Decision Date | 06 September 1996 |
| Docket Number | Civil No. 96-00616 DAE.,Civil No. 96-00390 DAE. |
| Citation | 941 F.Supp. 1529 |
| Parties | Harold F. RICE, Plaintiff, v. Benjamin J. CAYETANO, Governor of the State of Hawaii, Defendant. Clara Pila Akana Leong KAKALIA, Stephen Teruo Kubota, Lela Malina Hubbard and Billie Martha Mary Ah Ung Kawaiola Fernandez Beamer, Plaintiffs, v. Benjamin CAYETANO, Governor of the State of Hawai`i, Samuel Callejo, Comptroller of the State of Hawai`i, Solomon Kahoohalahala, Davianna McGregor, Ululani Beirne, Analu Berard, Olani Decker, Sherry Evans, Allen Hoe, Barbara Kalipi, Natalie Kama, Kinau Kamalii, Mahealani Kamauu, Kaipo Kanahale, Kawehi Kanui-Gill, Sabra Kauka, Bruss Keppeler, Poka Laenui, William Meheula, Michael Minn, Ann Nathaniel, and Ao Pohaku Rodenhurst, All of Whom are Sued Both Individually and In Their Capacities, Defendants. |
| Court | Hawaii Supreme Court |
Thomas T. Watts, Kemper & Watts, Honolulu, HI, for Clara Pila Akana Leong Kakalia, Stephen Teruo Kubota, Lela Malina Hubbard, Billie Martha Mary Ah Ung Kawaiola Fernandez Beamer.
Winfred K.T. Pong, Office of Attorney General, Honolulu, HI, for Benjamin Cayetano, Ululani Beirne, Samuel Callejo, Kaipo Kanahele, Poka Laenui.
Winfred K.T. Pong, Office of Attorney General, Honolulu, HI, Jon M. Van Dyke, Honolulu, HI, for Solomon Kahoohalahala, Analu Berard, Olani Decker, Sherry Evans, Allen Hoe, Barbara Kalipi, Natalie Kama, Kinau Kamalii, Sabra Kauka Bruss Keppeler, William Meheula, Michael Minn, Ann Nathaniel, Ao Pohaku Rodenhurst, Kawehi Kanui-Gill.
Winfred K.T. Pong, Office of Attorney General, Honolulu, HI, Hayden Aluli, Honolulu, HI, for Davianna McGregor.
Winfred K.T. Pong, Office of Attorney General, Honolulu, HI, David Bettencourt, Honolulu, HI, for Mahealani Kamauu.
Poka Laenui, Waianae, HI, pro se.
John W. Goemans, Honolulu, HI, for Mark J. Seidenberg.
David L. Ross, Law Offices of David L. Ross, Los Angeles, CA, John W. Goemans, Law Offices of John W. Goemans, Kamuela, HI, for Harold F. Rice.
Winfred K.T. Pong, Deborah Day Emerson, Office of the Attorney General, Honolulu, HI, John P. Dellera, Department of Attorney General, Honolulu, HI, for Benjamin J. Cayetano.
Winfred K.T. Pong, Deborah Day Emerson, Office of Attorney General, Honolulu, HI, for Mazie K. Hirono.
ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION
The court heard Plaintiffs' Motion on August 30, 1996. John Goemans, Esq., appeared on behalf of Plaintiff Harold Rice ("Rice"); Thomas A. Watts, Esq., appeared on behalf of Plaintiffs Clara Pila Akana Leong Kakalia, Stephen Teruo Kubota, Lela Malina Hubbard, and Billie Martha Mary Ah Ung Kawaiola Fernandez Beamer ("Kakalia Plaintiffs," or "Plaintiffs" when referenced together with Rice); Deputy Attorney General Winfred K.T. Pong appeared on behalf of all State Defendants (in their official capacities) and Defendants Benjamin Cayetano and Samuel Callejo in their Individual Capacities in Civil No. 96-00616 DAE; Deputy Attorney General John P. Dellera appeared on behalf of Defendant Benjamin Cayetano in Civil No. 96-00390 DAE; Jon M. Van Dyke, Esq., appeared on behalf of Defendants Solomon Kahoohalahala, Analu Berard, Olani Decker, Sherry Evans, Allen Hoe, Barbara Kalipi, Natalie Kama, Kinau Kamalii, Sabra Kauka, Bruss Keppeler, William Meheula, Michael Minn, Ann Nathaniel, and Ao Pohaku Rodenhurst ("HSEC Defendants"); David Bettencourt, Esq., appeared on behalf of Defendant Mahealani Kamauu in her individual capacity; and Hayden Aluli appeared on behalf of Defendants Davianna McGregor and Kawehi Kanui-Gill in their individual capacities. After reviewing the motion and the supporting and opposing memoranda, the court DENIES Plaintiffs' Motion for Preliminary Injunction.
This matter arises from two separate cases1 brought by individuals challenging the constitutionality of the State of Hawaii's role in organizing Hawaiian citizens to redress the federal government regarding Native Hawaiian rights and possible sovereignty. Both Rice and the Kakalia Plaintiffs challenge the constitutionality of Act 359 of the 1993 Hawaii Legislature, as amended by Act 200 of the 1994 Legislature and Act 140 of the 1996 Legislature. Rice Complaint at 3; Kakalia Complaint at ¶ 1.
Act 359 ("Act 359" or "the Act") is a state legislative act relating to Hawaiian Sovereignty. The stated purpose of this Act is "to acknowledge and recognize the unique status the native Hawaiian people bear to the State of Hawaii and to the United States and to facilitate the efforts of native Hawaiians to be governed by an indigenous sovereign nation of their own choosing." 1993 Haw.Sess. Laws, Act 359, § 2. Act 359 established a Hawaii sovereignty advisory commission to advise the legislature in carrying out the purpose of this Act. The Commission's mandate included advising the legislature on: (1) conducting special elections related to this Act; (2) apportioning voting districts; (3) establishing the eligibility of convention delegates; (4) conducting educational activities for Hawaiian voters, a voter registration drive, and research activities in preparation for the convention; (5) establishing the size and composition of the convention delegation; and (6) establishing the dates for a special election. Id. at § 4. The advisory commission was also to be responsible for submitting a plan to the 1994 legislature on the qualifications of voters and the conduct of special elections to implement the purposes of Act 359. Id. at § 7. Act 359 appropriated $420,000 for the fiscal year 1993-94 — half of the appropriation is from general funds, and the other half is from revenues generated under the authority of section 5(f) of the Admission Act of 1959.2
Act 359 was subsequently amended during the 1994 Session Laws by Act 200. Act 200 created the Hawaii Sovereignty Elections Council ("HSEC") and gave HSEC two specific mandates: (a) "[h]old a plebiscite in 1995, to determine the will of the indigenous Hawaiian people to restore a nation of their own choosing;" and (b) "[s]hould the plebiscite be approved by a majority of qualified voters, provide for a fair and impartial process to resolve the issues relating to form, structure, and status of a Hawaiian nation." 1994 Haw.Sess.Laws, Act 200, § 2. Act 200 also appropriated an additional $1.8 million for the Act during 1994-95 fiscal year.3 Finally, Act 200 provided the following disclaimers: (a) "Nothing in this Act shall be construed to require the State to expend or appropriate funds beyond those appropriated in this Act;" and (b) "Nothing arising out of the Hawaiian convention provided for in this Act, or any result of the ratification vote on proposals from the Hawaiian convention, shall be applied or interpreted to supersede, conflict, waive, alter, or affect the constitution, charters, statutes, laws, rules, regulations, or ordinances of the State of Hawaii or its political subdivisions...." Id. at §§ 13-14.
Act 359 was again amended during the Hawaii State Legislature's regular session in 1996. See 1996 Haw.Sess.Laws, Act 140. Act 140 of the 1996 legislative session brought Act 359 current and made a few substantive changes.4
The actions authorized by and subsequent effect of these three legislative acts, viewed cumulatively, are at issue here. For purposes of clarity, the court will hereinafter use the term "Act 359" to refer to the Act as amended by the 1994 and 1996 legislative sessions unless otherwise specified.
Act 359 only provides for the Native Hawaiian Vote in general terms. The HSEC Hawaiian Sovereignty Election Guidelines and Procedures for the Native Hawaiian Vote ("Guidelines"), adopted by the State legislature in May 1996, set forth specific details such as voter qualifications, and the election timetable. According to the Guidelines, suffrage in the Native Hawaiian Vote is restricted as follows:
(a) To be eligible to be registered to vote in the Native Hawaiian Vote, a person must meet both of the following qualifications:
(i) The person shall be Hawaiian; and
(ii) The person shall have reached the age of eighteen years or shall be seventeen years of age and shall reach eighteen years of age by September 2, 1996.
See Guidelines, attached to State Defendants Opp., Exh. E, § 3-1. The guidelines define the term "Hawaiian" as "any descendant of the indigenous people inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands prior to 1778." Id. at § 2-5; see also Haw.Rev.Stat. § 10-2.5
The Native Hawaiian Vote ballots ask: "Shall the Hawaiian people elect delegates to propose a Native Hawaiian government?" State Defendants Opp., Exh. A & Exh. E, § 5-2. An estimated 85,000 ballots were distributed before July 1, 1996. Ballots were sent to registered "Native Hawaiian" voters, some of whom do not currently reside in the State of Hawaii. The voting period was designated from July 1 to August 15, 1996. To be counted, all ballots must have been received by HSEC by 6 p.m. on August 15, 1996. The votes were, in fact, counted on August 23 and 24, 1996.
Rice originally filed a complaint for declaratory and injunctive relief in Civil No. 96-00390 DAE on April 25, 1996. He twice amended his complaint on June 6 and July 17, 1996 respectively. His second amended complaint alleges in relevant part that the Native Hawaiian Vote violates his rights under the Fourteenth and Fifteenth Amendments of the United States Constitution, the Voting Rights Act, the Civil Rights Acts, and various provisions of the Hawaii State Constitution. Subsequently, on July 24, 1996, the court denied Rice's motion for the convening of a three-judge district court. On August 2, 1996, the court consolidated Rice's case with the suit brought by Kakalia Plaintiffs for the...
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