CITIZENS FOR EQUIT. & RESP. GOV'T v. COUNTY

No. 25614.

120 P.3d 217 (2005)

108 Hawai`i 318

CITIZENS FOR EQUITABLE AND RESPONSIBLE GOVERNMENT, a Hawai`i nonprofit corporation; Brenda J. Ford; Stanley A. Boren; Floyd H. Lundquist; Marlene E. Lundquist; Ronald C. Phillips, Plaintiffs-Appellants and Beverly Byouk and Sandra W. Scarr, Plaintiffs-Appellees v. COUNTY OF HAWAI`i; County Clerk, County Of Hawai`i; Lloyd Van de Car, Chairman, County of Hawai`i 2001 Reapportionment Commission, Defendants-Appellees.

Supreme Court of Hawai`i.

As Corrected July 28, 2005.

As Amended on Reconsideration September 22, 2005.

Order Granting Reconsideration in Part and Denying Reconsideration in Part September 22, 2005.


Attorney(s) appearing for the Case

Michael J. Matsukawa, on the briefs, for plaintiffs-appellants.

Patricia K. O'Toole, Deputy Corporation Counsel, County of Hawai`i, on the briefs, for defendants-appellees.

LEVINSON, ACOBA, and DUFFY, JJ.; with NAKAYAMA, J., concurring separately and dissenting, with whom MOON, C.J., joins.


Opinion of the Court by ACOBA, J.

We hold that (1) the phrase "equal resident populations" in section 3-17(f)(4) of the Charter of the County of Hawaii (the Charter) excludes nonresident college students and nonresident military personnel and their dependents from the population base for purposes of reapportioning county council districts of the County of Hawai`i, (2) a total deviation in excess of 10% in an electoral reapportionment plan presents a prima facie case...

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