Editorials
Thursday, March 27, 1997

Supreme Court ends
silly election spat

ALLEGING election-day abuses, two defeated incumbent Office of Hawaiian Affairs trustees complained to the state Supreme Court after last November's elections that they had been unfairly ousted from their positions. Their vacuous claim and outrageous offer to drop the suit in exchange for jobs seemed to paralyze the board for a time. Fortunately, the high court's rejection of the suit brings the spectacle to an end.

Moanike'ala Akaka and Samuel Kealoha were narrowly defeated by Hannah Springer and Colette Machado in bids for re-election. However, Akaka and Kealoha were anything but gracious in defeat, demanding a new election or, in the alternative, suggesting that OHA hire them as consultants to help create a budget and investigate the very allegations in their lawsuit.

Perplexed by the dispute, OHA Chairman Clayton Hee allowed Akaka and Kealoha to vote on the office's budget proposal in January even though their terms had expired and there was no justification for them to sit as trustees. Springer and Machado were denied the power to vote because they had not been sworn into office in lieu of the court challenge.

In filing the suit last November, Akaka complained that many eligible Hawaiians did not receive OHA ballots at the polls. "How many people have left the elections polls without realizing until later they were not given an OHA ballot and didn't even call and register complaints?" she asked.

Four months later, we know how many -- a grand total of two, according to the Supreme Court's assessment of the evidence provided by Akaka and Kealoha. "Assuming that both of these voters would have voted for Akaka and Kealoha, the two votes could not have made any difference in the outcome," the court said. Akaka lost by 72 votes, Kealoha by 643.

OHA should be embarrassed about how it was stymied by a ludicrous complaint by a couple of poor losers. It should establish a method of assuring smooth post-election transitions in the future while election challenges are allowed to go forward.

Aid to immigrants

PRESIDENT Clinton's signature on last year's welfare bill cutting off federal nutrition and disability aid to legal immigrants has sent some states scampering to protect them from going hungry or homeless. California Gov. Pete Wilson is focusing instead on how provisions of the new law can be used to end public services for undocumented immigrants. Such an effort is laudable as long as it doesn't result in denial of assistance to legal immigrants.

Juvenile justice

CONGRESS and the White House are approaching agreement about the need to crack down on juvenile crime, but whatever approach they may adopt will be largely symbolic. Most crimes, especially those commited by juveniles, are handled in state courts and are subject to state laws. Nevertheless, a new federal approach could provide a blueprint for states to follow.




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