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Judicial Watch Files Civil Rights Lawsuit to Stop Race-Based Separatist Vote in Hawaii
Alleges state, private interest groups violating First, Fourteenth and Fifteenth Amendments, denying Hawaiian citizens' ability to vote
Contact: Jill Farrell, Judicial Watch, 202-646-5188
WASHINGTON, Aug. 13, 2015 /Standard Newswire/ -- Judicial Watch announced today that it filed a lawsuit in United States District Court for the District of Hawaii that seeks to stop a scheme by the State of Hawaii to use a voting list restricted by both race and viewpoint to conduct an election for Native Hawaiian "self-government." The suit is filed on behalf of Hawaiian residents who, either because of their race or viewpoint, are explicitly denied the right to vote, in violation of the U.S. Constitution and the Voting Rights Act (Keli'i Akina, et al. v. The State of Hawaii, et al. (No. 1:15-cv-00322)).
On August 13, 2015, Judicial Watch filed the lawsuit against the state of Hawaii, the Office of Hawaiian Affairs (OHA) and the Native Hawaiian Roll Commission (NHRC), asking the court to declare that the process required to register for the Native Hawaiian voter roll violates constitutional rights found in the First, Fourteenth and Fifteenth Amendments, as well as federal voting laws.
An enrollment list is being created under Act 195, the 2011 Hawaii law that authorizes the NHRC to create a list of "Native Hawaiians" who would be eligible to submit amendments to the State constitution at a planned constitutional convention and to vote on issues concerning the sovereignty of the "Native Hawaiian people." Act 195 defines a "Native Hawaiian" as any person whom the government determines to be a direct descendant of the State's aboriginal peoples.
On July 20, 2012, using taxpayer funds from the State's Office of Hawaiian Affairs, the NHRC launched the Kana'iolowalu campaign, opening a registration process for Native Hawaiians who desired to vote for a new race-based sovereign government. A person may register for the Kana'iolowalu if, besides meeting the law's racial requirements, that individual has "maintained a significant cultural, social, or civic connection to the Native Hawaiian community" and "wishes to participate" in organizing an anticipated "Native Hawaiian governing entity."
The new lawsuit alleges Hawaii and other defendants have unlawfully restricted voter access by requiring voters to certify particular racial characteristics and to acknowledge their agreement with the Hawaiian "sovereignty" movement. Hawaiian residents wishing to register for the Native Hawaiian voting roll are required to affirm all three of the following declarations:
• Declaration One. I affirm the unrelinquished sovereignty of the Native Hawaiian people, and my intent to participate in the process of self-governance.
• Declaration Two. I have a significant cultural, social or civic connection to the Native Hawaiian community.
• Declaration Three. I am a Native Hawaiian: a lineal descendant of the people who lived and exercised sovereignty in the Hawaiian islands prior to 1778, or a person who is eligible for the programs of the Hawaiian Homes Commission Act, 1920, or a direct lineal descendant of that person.
