Senate Judiciary approves
Hawaiian homestead voter bill

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By Richard Borreca
rborreca@starbulletin.com

Native Hawaiians eligible for Hawaiian homestead lands would be able to vote for the nine members of the Hawaiian Homes Commission under a bill approved by the Senate Judiciary Committee.

The measure, which goes to the Ways and Means Committee for further scrutiny, was supported by Sen. Colleen Hanabusa, Judiciary Committee chairwoman, who called the bill "the right step we need to take."

Hawaiian Homes commissioners are appointed by the governor and confirmed by the state Senate.

Hanabusa (D, Nanakuli-Makua) said the election would be open to voters who are of at least half native Hawaiian ancestry. The Hawaiian Homestead Act was set up by Congress in 1921 to establish a permanent land base for native Hawaiians, or those having at least 50 percent Hawaiian blood.

Two years ago a state law permitting only Hawaiians to vote in Office of Hawaiian Affairs elections was stricken by the U.S. Supreme Court, which said all voters must be allowed to participate in the election.

Hanabusa contends that such an election would not be ruled unconstitutional because her plan would be only for those who are eligible for action by the commission.

"This is a long-standing battle," Hanabusa said. "The state has a history of neglect with this fiduciary obligation," she said. "I think part of the problem is partly because the people haven't had control. Now it would not be so paternalistic."

The Judiciary Committee also approved a series of election reforms that would authorize voter registration up to and including election day.

Noting that Hawaii "ranks last in voter participation," Hanabusa said interest in elections does not peak until close to election day, so more people would be encouraged to vote if they could register on election day.

Also approved was a bill to allow voters to vote by mail in special elections, such as the one called to find a replacement for the late U.S. Rep. Patsy Mink.

Officials hope to avoid the extra cost involved. The two special elections to replace Mink late last year and in January cost about $1 million each.

The bill is similar to one that was included in an omnibus election bill vetoed last year by former Gov. Ben Cayetano.