HomeMy WebLinkAboutCRC 2022-08 Charter PIG report FINAL 3.23.22.pdf
LORI KOGA, CHAIR JAN TENBRUGGENCATE, VICE CHAIR
CHARTER REVIEW COMMISSION
BRONSON BAUTISTA, COMMISSIONER VIRGINIA KAPALI, COMMISSIONER REID KAWANE, COMMISSIONER MARISSA SANDBLOM, COMMISSIONER
MEMORANDUM
March 9, 2022
TO: Lori Koga, Chair and
Members of the Charter Review Commission
FROM: Bronson Bautista, Reid Kawane, and Marissa Sandblom
Members of the Charter Review Committee Permitted Interaction Group
RE: Charter Amendment on Districting Report
Task
On January 10, 2022, the Charter Review Commission formed a Permitted Interaction Group
(PIG) with the scope of creating a written report with recommendations on if it is in the best
interest of the citizens of Kauai whether to create districting for County Council seats and how
to do so if decided that it is beneficial.
The PIG was further authorized:
1. To access all previous communications of districting proposals to the Commission,
2. Review additional recommendations, and
3. Conduct any other kinds of research required, including interacting with subject matter
experts and members of the Kauai public.
Background
Definition of district: A territorial division (as for administrative or electoral purposes).1
Proposed Charter amendments on districting were on the ballot in 1982, 1990, 1996, and 2006.
In 2006, the ballot question proposed three councilmembers be elected by districts, four
councilmembers elected at large and established a reapportionment commission every ten
years. The question was defeated, 45.1 % or 9,557 voted against and 44.3% or 9,396 voted yes.
See Attachment #1, History on Ballot Questions on Districting
1 Merriam-Webster. https://www.merriam-webster.com/dictionary/district
Page 2 of 15
Given the narrow defeat of this ballot question (161 voters), this configuration of districting
would appear to have the best chance of passing.
See Attachment #2, County of Kauai Charter Amendment Ballot Questions: 2006 General Election, Proposal No. 3:
Relating to Council Districting
Since 2020, the item of a Charter Amendment on Districting has been on every Charter Review
Commission agenda as follows:
June 22, 2020 September 28, 2020 November 22, 2021
June 29, 2020 August 23, 2021 December 20, 2021
July 27, 2020 September 27, 2021 January 10, 2022
August 7, 2020 October 25, 2021 January 24, 2022
In 2020-2022, the Charter Review Commission has reviewed the following documents:
1. History of Ballot Questions on Districting
2. Various Charter Amendment Proposals on Districting
3. Table of Comparison of Charter Amendments regarding Districting Proposals
4. Kauai County Charter Review Commission, Special Committee on County Districting –
Report to the Commission, January 25, 2016
See Attachment #3, Kauai County Charter Review Commission, Special Committee on County Districting
CRC-2015-13, CRC 2020-17
5. Kauai County Charter Review Commission, Subcommittee Report CRC-2013-07
(Proposed Amendment for Council Partial-Districting)
See Attachment #4, Kauai County Charter Review Commission, Subcommittee Report CRC-2013-07
(Proposed Amendment for Council Partial-Districting)
Since 2020, the Charter Review Commission has received several proposals.
See Attachment #5, Table of Districting Proposals
In summary the proposals are as follows:
# Districting Proposals
1 9 Councilmembers, 3 per district (14, 15, 16*)
2 9 Councilmembers, 2 per district (14, 15, 16*), 3 at large
3 7 Councilmembers, 1 per district (7 districts), Reapportionment Commission
4 7 Councilmembers, 1 per district (14, 15, 16*, 2 yr. term, part-time), 4 at large (4 yr. term, full-time)
5 7 Councilmembers, 2 per district (14, 15, 16*), 1 at large
*State House Districts
Page 3 of 15
The PIG reviewed the following to obtain additional information on districting and its related
benefits and issues.
Districting in Neighboring Counties
A review of districting in the neighboring counties as follows:
County Districting
Honolulu 9 Councilmembers, 9 districts, 1 member per district, Reapportionment Commission
Maui 9 Councilmembers, 9 districts, members are elected-at large*
Hawaii 9 Councilmembers, 9 districts, 1 member per district, Redistricting Commission
Kauai No districts, 7 Councilmembers elected at large
*Maui Charter Commission will be placing on the ballot a Charter amendment to have 3
districts, voters from each district would elect 3 councilmembers and create a
Reapportionment Commission.2
See Attachment #6, Honolulu City & County Charter excerpt related to Districts, Reapportionment Commission
Rules, and 2021 Reapportionment Commission Report
See Attachment #7, Maui County Charter excerpt related to Districts
See Attachment #8, Hawai’i County Charter and Ordinance excerpts related to Districts, 2021 Redistricting
Commission Rules, and 2021 Redistricting Commission Report
Reapportionment or Redistricting
After a review of districting in the neighboring counties, it was noted that some counties had a
Reapportionment Commission or a Redistricting Commission in conjunction with districting.
Some of the proposals received by the Commission had a Reapportionment Commission and
some did not. The PIG reviewed State and County reports on this issue.
For the purposes of this report, the terms of reapportionment or redistricting can be used
interchangeably.
2 Maui Now. “Redistricting Proposal Approved by Maui Charter Commission”
https://mauinow.com/2021/09/04/redistricting-proposal-approved-by-maui-charter-commission/ September 4,
2021
Page 4 of 15
The definition of redistricting is to divide anew into districts specifically: to revise the legislative
districts of 3
The definition of reapportionment is an act or result of reapportioning something: the process
or result of making a new proportionate division or distribution of something, especially, US
law: the reassignment of representative proportionally among the states in accordance with
changes in population distribution 4
Redistricting and reapportionment on the federal, state and county levels occurs after the U.S.
census, basically every 10 years.
For the State of Hawaii, reapportionment starts with determining the permanent resident
population of the State and each basic island unit (BIU) using a methodology approved by the
State Reapportionment Commission. As stated in the Commission’s 2012 Supplement Report,
non-permanent military and student residents were extracted from the U.S. Census population
data. Thus, the permanent resident populations were determined as follows:5
Location Census
Population
Less Non-Permanent
Resident Population
Permanent Resident
Population
Oahu 953,207 (106,618) 846,589
Hawaii 185,079 (1,483) 183,596
Maui 154,924 (380) 154,544
Kauai 67,091 (286) 66,805
State of Hawaii 1,360,301 (108,767) 1,251,534
Using consultants and the Huntington-Hill Method of Equal Proportions, the Commission
allocated the total number of members of the State Senate and the House of Representatives.
Secondly, the Commission apportioned legislative members to each BIU among districts within
that BIU. District lines were redrawn as necessary to achieve an average number of permanent
residents per member as nearly equal to the average for the BIU.6
3 Merriam-Webster. https://www.merriam-webster.com/dictionary/redistrict
4 Merriam-Webster. https://www.merriam-webster.com/dictionary/reapportionment
5 Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment Plan,
2012 Supplement” https://elections.hawaii.gov/wp-
content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.ii
6Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment Plan,
2012 Supplement” https://elections.hawaii.gov/wp-
content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.13
Page 5 of 15
The State House of Representatives Districts for the County of Kauai are as follows:7
State House of
Rep. Districts
BIU Target
Population
Total Population Deviation from BIU
Target
% Deviation from
BIU Target
House District 14 22,268 22,718 450 2.02%
House District 15 22,268 21,835 -433 -1.94%
House District 16 22,268 22,252 -16 -0.07%
Kauai BIU Deviation 66,805 3.96%
The PIG also reviewed the neighboring Counties Reapportionment or Redistricting Commission
reports to compare County Council district Population Size.
County 2010 Census
Population8
2020 Census
Population9
Target Council District
Population Size
Honolulu 953,207 1,016,508 112,945 w/ 3.3% total deviation 10
Maui 154,834 164,754 N/A, No Reapportionment Commission
Hawaii 185,079 200,629 22,232 w/ (4.23% - 5.75%) deviation 11
Kauai 67,091 73,298 N/A
State of Hawaii N/A
7 Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment Plan,
2012 Supplement” https://elections.hawaii.gov/wp-
content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.18
8 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai
County, Hawaii; Hawaii”
https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua
icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010)
9 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai
County, Hawaii; Hawaii”
https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua
icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010)
10City and County of Honolulu, 2021 Council Reapportionment Commission, “Report and Final Reapportionment
Plan of the 2021 Council Reapportionment Commission”
https://drive.google.com/drive/folders/1Rapt1BRRiO6e9rnUwha5JwgtFfum40yP (November 24, 2021) p.4
11Hawaii County Redistricting Commission. “2021 Redistricting Commission Report”
https://records.hawaiicounty.gov/weblink/1/doc/113844/Page1.aspx p.2
Page 6 of 15
The PIG identified several concerns related to reapportionment or redistricting. The first is the
creation of “canoe districts” on the State and Federal levels. This is when a district includes
parts of more than one island or County. Currently the U.S. House of Representative Kaiali`i
Kahele represents Congressional District 2. District 2 is comprised of parts of Oahu, and the
Counties of Kauai, Maui (Molokai and Lanai) and Hawaii. On the State level, Kauai has been
part of a “canoe district” consisting of the Kauai north shore communities and some Maui
communities.
In the State of Hawaii’s Reapportionment Commission, 2012 Supplement, the Commission was
guided by specific criteria such as no district shall extend beyond the boundaries of any basic
island unit (county unit) and districts shall be contiguous.12 However, there is no express
absolute prohibition against “canoe districts”.
One of the districting proposals being considered recommends using the current districts of the
State House of Representatives and does not have a Reapportionment or Redistricting
Commission. The concern lies with designating County districts by relying on the district
boundaries of the State House which remains open to the possibility of the “canoe districts”.
Should districting be established on Kauai, there would be one district that would include
Ni`ihau, although Ni`ihau is not contiguous with the island of Kauai, it is part of the County of
Kauai. Due to this potential, any proposal on districting must include a Reapportionment or
Redistricting Commission.
Once district boundaries are established, the new boundaries go into effect in the first regularly
scheduled election. At the State level, due to reapportionment, every ten (10) years, all seats at
the Legislature are up for election.
Currently, each Council member is eligible for four (4) consecutive two-year terms. In practice,
this has resulted in staggering terms and the County Council being composed of both seasoned
Council members and new Council members. This has resulted in the community and the
Council benefiting from new ideas from the freshmen members as well as the institutional
experience and knowledge of the senior members.
The potential of having only freshman Council members is a concern, however over the history
of the Kauai State legislators, there has always been a balance of senior and freshman
members.
12 Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment
Plan, 2012 Supplement” https://elections.hawaii.gov/wp-
content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.10
Page 7 of 15
Reapportionment/redistricting has become in mired conflict and charges of partisan
gerrymandering. The State of Hawaii’s current plan for Reapportionment has attracted
criticism for “rewarding or punishing” legislators, impacting their ability to get re-elected and
for splitting up communities that were traditionally in one district. For example, the current
plan divides Manoa Valley between two districts. Some individuals felt that living in a district
that is split between two or more lawmakers resulted in more representation.13
Any reapportionment/redistricting can be fraught with litigation.14 As of February 26, 2022, the
Hawaii Supreme Court has temporarily prohibited the State Office of Elections and the Chief
Election Officer from making nomination papers (for the 2022 election) available pending
resolution of a legal challenge over the districts.15
Lastly, the overall concept of districting and reapportionment/redistricting is related to the
intent to improve representation by elected officials. However, whether that promise has been
fulfilled is debatable. Justia US Law which provides a legal history of congressional districting
states, “neither voters nor minority parties have yet benefitted”.16
Cost of Campaigns
The Commission received testimony that districting would result in more Council candidates as
the cost of campaigning for a district vs. island-wide would be less. Thus, the PIG reviewed the
cost of campaigns.
13 “Can the Hawaii Reappointment Commission Solve this Political ‘Jigsaw Puzzle’?”
https://www.civilbeat.org/2021/11/can-the-hawaii-reapportionment-commission-solve-this-political-jigsaw-
puzzle/ Civil Beat, November 29. 2021
14 “Hawaii Supreme Court Mulls Constitutional Requirements In Redistricting Challenge”
https://www.civilbeat.org/2022/03/hawaii-supreme-court-mulls-constitutional-requirements-in-redistricting-
challenge/?utm_source=Civil+Beat+Master+List&utm_campaign=caa19061d2-
EMAIL_CAMPAIGN_2022_03_15_06_27&utm_medium=email&utm_term=0_51c2dd3cf3-caa19061d2-
402169088&mc_cid=caa19061d2&mc_eid=b99f52643e Civil Beat, March 1, 2022
15 “Legal challenge puts start of political season in limbo” https://www.mauinews.com/news/local-
news/2022/02/legal-challenge-puts-start-of-political-season-in-limbo/ The Maui News, February 25, 2022
16 Justia US Law, “Congressional Districting” https://law.justia.com/constitution/us/article-1/06-congressional-
districting.html
Page 8 of 15
A review of the total cost of Kauai’s Council campaigns in 2020.17
Number of
Candidates
Total Receipts Average Receipts Total Expenditures Average
Expenditure
21 $241,408.96 $11,495.66 $167,667.66 $7,984.17
A review of the cost of the current Councilmember’s campaigns in 2020.18
Status Name Total Receipts Total Expenditures
Challenger Carvalho, Bernard $21,620.75 $14,631.10
Incumbent Chock, Sr., Mason 14,900.68 11,744.27
Incumbent Cowden, Felicia 25,465.00 23,768.65
Challenger DeCosta, Bill 2,386.94 2,386.94
Incumbent Evslin, Luke 5,962.80 5,791.84
Incumbent Kaneshiro, Arryl 46,621.44 30,957.38
Incumbent Kualii, KipuKai 47,210.51 18,196.85
Grand Total $164,168.12 $107,477.03
Average $23,452.58 $15,353.86
In the primary, there were 21 candidates running for a Kauai County Council seat. After the
primary, the top 14 candidates are placed on the general election ballot. In the general
election, the top seven (7) candidates become a member of the County Council.
Since one of the districting proposals being considered is using the same districts as the State
House of Representatives, the PIG reviewed the cost of those campaigns.
17 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, Kauai County Council.
“Kauai County Council, Receipts and Expenditures (2020 Election)”
https://ags.hawaii.gov/campaign/files/2021/02/2020KauaiCouncil.pdf
18 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, Kauai County Council.
“Kauai County Council, Receipts and Expenditures (2020 Election)”
https://ags.hawaii.gov/campaign/files/2021/02/2020KauaiCouncil.pdf
Page 9 of 15
The average cost of the State House Representative’s campaigns in 2020.19
Number of
Candidates
Total Receipts Average Receipts Total Expenditures Average
Expenditure
6 $118,347.80 $19,724.00 $78,933.17 $13,155.20
A review of the cost of the current State House Representative’s campaigns in 2020.
District Status Name Total Receipts Total Expenditures
14 Incumbent Nakamura, Nadine $43,695.54 $25,353.35
15 Incumbent Tokioka, James 36,700.00 24,600.49
16 Incumbent Morikawa, Daynette 23,983.91 15,880.25
Grand Total $104,379.45 $64,834.09
Average $34,793.15 $21,611.36
All six (6) candidates for the State House ran in the primary and the general election. There
were two (2) candidates per district.
The district population size of Kauai’s State House of Representatives ranges from 21,835 -
22,718. The ideal basic island unit or BIU is 22,268. The district population size for Hawaii
County Council districts ranges from 20,954 – 23,172. The ideal BIU is 22,232.
Due to the similar district size of Kauai’s State House of Representatives and the Hawaii County
Council districts, the PIG reviewed those costs as well.
19 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, State House of
Representatives. “State House of Representatives, Receipts and Expenditures (2020 Election)”
https://ags.hawaii.gov/campaign/files/2021/02/2020StateHouse.pdf
Page 10 of 15
A review of the average cost of a campaign in Hawaii County Council with districting.20
Number of 2020
Candidates
Total Receipts Average Receipts Total Expenditures Average
Expenditure
24 $375,777.92 $15,657.41 $295,378.55 $12,307.43
In Hawaii County’s 2020 Primary Election there were 24 candidates running for Council seats.21
In the general election, the top 2 candidates are placed on the ballot.22
District Number of
Primary
Candidates
Status Name Total Receipts Total Expenditures
1 7 Open Kimball, Heather $36,410.96 $33,251.86
2 2 Incumbent Chung, Aaron 8,400.00 0.00
3 3 Incumbent Lee Loy, Susan 41,544.35 40,431.15
4 1 Incumbent Kierkiewicz, Ashley* 17,904.99 4,587.58
5 3 Incumbent Kanealii-Kleinfelder,
Matthew
26,821.11 26,612.49
6 1 Incumbent David, Maile* 378.76 378.76
7 2 Incumbent Villegas, Rebecca 17,990.81 17,990.81
8 2 Open Inaba, Holeka 13,299.73 13,299.73
9 3 Incumbent Richards, Herbert 46,875.65 26,279.29
Grand Total $209,626.36 $162,831.67
Average $23,291.81 $18,092.40
*Unopposed
The average cost in 2020 for a Kauai County Council campaign was $7,984.17, for a State House
of Representatives campaign on Kauai, $13,155.20 and for a Hawaii County Council campaign,
$12,307.43.
20 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, Hawaii County Council.
“Hawaii County Council, Receipts and Expenditures (2020 Election)”
https://ags.hawaii.gov/campaign/files/2021/02/2020HawaiiCouncil.pdf
21 State of Hawaii, Office of Elections. “PRIMARY ELECTION 2020 – State of Hawaii – County of Hawaii SUMMARY
REPORT**FINAL SUMMARY REPORT**” https://files.hawaii.gov/elections/files/results/2020/primary/coh.pdf
(August 8, 2020)
22 State of Hawaii, Office of Elections. “GENERAL ELECTION 2020 – State of Hawaii – County of Hawaii SUMMARY
REPORT**FINAL SUMMARY REPORT**” https://files.hawaii.gov/elections/files/results/2020/primary/coh.pdf
(November 3, 2020)
Page 11 of 15
Comparatively the average of cost of a successful 2020 campaign for the Kauai County Council
was $15,353.86, for State House of Representatives on Kauai $21,611.36 and for the Hawaii
County Council $18,092.40.
Based on this data, currently with or without districts the cost of a Kauai County Council seat is
less than the cost of a State House of Representatives campaign on Kauai or a Hawaii County
Council campaign despite the similarities in district size.
One of the determining factors related to costs in the Hawaii County Council campaign appears
to be whether there was more than one candidate in the race.
Page 12 of 15
Number of Candidates
Testimony was received that there would be more candidates with the cost of campaign being
lower for a district council seat vs. an island-wide council seat.
County 2010 Census Population 23 2020 Census Population 24
Hawaii 185,079 200,629
Kauai 67,091 73,298
The population of Hawaii County is almost three times the size of Kauai’s population. However,
the Hawaii Council BIU district size of 22,232 is very close to Kauai’s State House BIU district size
of 22,268.
Location/Position 2020 Primary
Election
2020 General
Election
Hawaii County, County Council (9 districts) 26 N/A
Hawaii County, County Council, District 1 7 2
Hawaii County, County Council, District 2 2 2
Hawaii County, County Council, District 3 3 2
Hawaii County, County Council, District 4 1 1
Hawaii County, County Council, District 5 3 2
Hawaii County, County Council, District 6 1 1
Hawaii County, County Council, District 7 2 2
Hawaii County, County Council, District 8 2 2
Hawaii County, County Council, District 9 3 2
Kauai County, State House of Representative (3 districts, 14,15,16) 2 per district 2 per district
Kauai County, County Council 21 14
Based on this data, it would be difficult to come to any conclusions about whether there would
be more candidates or not. Considering that Hawaii County’s population is approximately 2.75
times the size of Kauai’s population, the number of Hawaii County Council primary candidates
(26 in 2020) seems much less than it should be in comparison to the number of Kauai County
Council primary candidates of 21.
23 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai
County, Hawaii; Hawaii”
https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua
icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010)
24 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai
County, Hawaii; Hawaii”
https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua
icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010)
Page 13 of 15
In contrasting the number of candidates in the 2020 primary election, Kauai had an average of
three (3) candidates for each Council seat, two (2) candidates for each House district on Kauai,
and Hawaii County had an average of 2.88 per district.
Representation
The Commission received testimony that one of the benefits of districting, is the belief that if
the elected official lives in the district they will be better informed on an issue in the district,
will be more accessible and therefore that district and its residents will be represented better.
A reasonable analogy may be, do residents believe that their elected official from the State
House represents them better than Councilmembers with regards to being more informed on
district issues and more accessible?
The election of a Council Chair and the adoption of any ordinances are dependent on a majority
vote. If the district Council member is not in the majority, will that district be negatively or
positively impacted? How and will representation improve from the designation of a
Councilmember’s constituency to a district vs. island-wide?
Should the remedy for these issues of being more informed, more accessible, and better
representation be the responsibility of the elected official or be addressed by a charter
amendment?
Other Considerations
However, the larger question remains, to quote from Justia US Law, “as nearly as is practicable
is one person’s vote worth as much as another’s”.25 If you reside in district 14 with 450 more
residents than districts 15 and 16, is your vote “worth” more or less? How would this impact
residents? Would this encourage or discourage individuals to vote?
What are the benefits of districting? Will the result of districting result in improvements?
Improvements such as in voter participation, representation, more council candidates, lowering
the cost of council campaigns, access to County Councilmembers and better-informed
Councilmembers.
Will it address, long-term planning for long-standing issues positively, negatively or no impact
at all?
When national partisan politics seems to have become an insurmountable obstacle, is there a
clear and absolute benefit for districting to warrant a charter amendment?
25 Justia US Law, “Congressional Districting” https://law.justia.com/constitution/us/article-1/06-congressional-
districting.html
Page 14 of 15
Per the Kauai County Charter, “In the event the Commission deems changes are necessary or
desirable, the Commission may propose amendments to the existing charter…” Thus, it is
necessary that the Commission proceed with a thorough examination of the issue of districting
as well as, a thorough deliberation before any final decisions.
Recommendations
Given the outstanding questions, the Charter Review Commission Permitted Interaction Group
finds the following:
1. The Commission should retain a consultant to formulate a plan to seek and obtain input
of a minimum of 5% of registered voters or 2,362 persons (based on the 2020 election)
to a maximum of 10% or 4,725 persons for a valid sample size. The input solicited
should be on the larger questions below, their opinion on districting, their opinion of the
analogy of current councilmembers and State House of Representatives regarding
quality of representation with respect to who is better informed, accessible and
representation, and what form of districting (3, 5 or 7 districts).
2. The Commission should retain a consultant to conduct a study on the costs of districting
in general as well as with 3 districts, 5 districts or 7 districts.
3. Upon obtaining the reports on input and costs, the Commission should deliberate on the
larger question of the pros and cons of districting and the equal “worth” of each
person’s vote.
4. Upon obtaining the reports on input and costs, the Commission should deliberate on the
larger question of the benefits of districting and will it result in improvements.
5. Any future proposal on districting must include a Reapportionment Commission to
ensure that at no time will there be a “canoe district”.
6. Upon the obtaining the reports on input and costs, any future consideration on
districting should start with the 2006 ballot question and proposal, which was defeated
by a margin of 161 votes.
7. Upon the obtaining the reports on input and costs, any future consideration on
districting should consider the elements of efficiency and cost containment and start
with the concept of three (3) districts like the Kauai State House of Representatives.
8. Upon the obtaining the reports on input and costs, any future consideration on
districting should consider the elements of efficiency and cost containment and start
with the concept of a seven-member Council.
9. Due to the findings above and the significance of adopting districting, the Commission
should defer any proposal on districting to perform its due diligence.
Page 15 of 15
Table of Attachments
• Attachment #1, History on Ballot Questions on Districting
• Attachment #2, Excerpt on Districting from County of Kauai Charter Amendment Ballot
Questions: 2006 General Election
• Attachment #3, See Attachment #3, Kauai County Charter Review Commission, Special
Committee on County Districting, CRC-2015-13, 2020-17
• Attachment #4, Kauai County Charter Review Commission, Subcommittee Report CRC-
2013-07 (Proposed Amendment for Council Partial-Districting)
• Attachment #5, Table of Districting Proposals
• Attachment #6, Honolulu City & County Charter excerpt related to Districts,
Reapportionment Commission Rules, and 2021 Reapportionment Commission Report
• Attachment #7, Maui County Charter excerpt related to Districts
• Attachment #8, Hawaii County Charter and Ordinance excerpts related to Districts, 2021
Redistricting Commission Rules, and 2021 Redistricting Commission Report
Election Proposed Charter Amendment Proposed by Proposed by Proposed by Passed by Rejected by
Year Council Charter Comm Petition Electorate Electorate
1982 Shall Council members be elected by districts, with
one member residing in and elected from each of
three districts which shall be established by a
reapportionment committee, and four members
elected at large, and shall 1983 and every tenth year
thereafter be a reapportionment year?
X
X
Yes 5541
No 8682
1990 Effective 1992, shall Council members be elected by
districts and shall 1991 and every tenth year
thereafter be a reapportionment year? X
Pending
decision set
forth by
Ninth Circuit
Court
1996
Effective 1998 shall Council members be elected by
districts, with one member residing and elected from
each of 5 districts, which shall be established by an
apportionment commission to be appointed in 1997,
and 2 members elected at-large, and shall 2001 and
every tenth year thereafter be apportionment year?
X
X
No 9589
44%
Yes 8456
38.8%
Blank 3729
17.1%
Other 6
0.0%
2006 Effective 2008, shall three of the seven council
members be elected by districts, with one member
residing in and elected from each of three districts
that shall be established by an apportionment
commission to be appointed in 2007, and four of the
seven council members elected at-large, and shall
2011 and every tenth year thereafter be a
reapportionment year?
X
X
No 9557
45.1%
Yes 9396
44.3%
Blank 2247
1.6%
Other 12
0.1%
1982-# of registered voters = 22,563
# of votes cast = 18,222
1990-5 single member districts 3 single member districts
Yes 3528 16.?% Yes 1566 7.?% Blank votes 5349 24.?%
No 2282 10.?% No 874 4.?% Over votes 7966 36.?%
Table of Comparison of Charter Amendments regarding Districting Proposals
Mtg. Date
& Source
of Proposal
Districting Proposals
Notes
6/22/20
Jonathan
Jay
9 Councilmembers
3 per district (14, 15, 16)*
*14, 15, 16 per State
House Districts
Voters living in the district, vote for candidates in their district
Verbal testimony on 6/22/20 minutes
1 in favor
Per Lyon to consider having two proposals on the ballot, 3 districts vs. 6 districts and 1 at large.
(Note: per atty cannot have two proposals)
Per Jay testimony, amend to delete residency requirement, unclear to delete it for voters or candidates.
Written testimony rec`d in 6/29/20 packet
6 in favor (1 person changed their mind and submitted alternate proposal)
2 against
1 concerned
Written testimony rec’d on 8/7/20 packet
Same as above
Per Lyon verbal testimony - proposed 7 members, 7 districts (see below)
6/29/20
Norma
Doctor
Sparks
9 Councilmembers
3 per district (14, 15, 16)
Provided as testimony in support of the proposal above and is the same as the proposal above.
6/29/20
Dana
Bekeart
9 Councilmembers
2 per district (14, 15, 16)
3 at large
Per testimony in 6/29/20 packets
Mtg. Date
& Source
of Proposal
Districting Proposals
Notes
8/7/20
Bert Lyon
7 Councilmembers
1 per district
Seven Districts:
1. Haena-Hanalei-Princeville-Kilauea-Moloa’a-Anahola
2. Kapa’a-Kealia
3. Wailua Houselots-Wailua Homesteads
4. Hanamaulu-Lihue-Puhi
5. Koloa-Poipu-Kukuiula
6. Kalaheo-Omao-Lawai
7. Eleele-Hanapepe-Kaumakani-Waimea-Kekaha-N’iihau
Creates a Reapportionment Commission
12/20/21
Felicia
Cowden
7 Councilmembers
4-4yr Full-time members
At-large
3-2yr Part-time
members, one per
district (14, 15, 16)
The 4 top vote recipients will serve at-large
Next 3 votes will fill district seats
Per email excerpts:
“I can testify at the next meeting charter review commission but am not submitting my recommendation.
Please send my thoughts along to the charter review commission.
As a councilmember, I value representing the entire island(s). I believe it strengthens my ability to
represent the north shore’s interest as I actively engage the needs of all the communities. I prefer at-large
to districting”
12/20/21
Jonathan
Jay
7 Councilmembers
3x2+1
2 per district (14, 15, 16)
1 at large
Island-wide voting for all candidates.
Highest vote recipient island wide is elected at-large, and then top 2 vote recipients by each district
elected to fill the other 6 seats.
Maintain existing island residency requirement for all candidates.
Require district residency for voters, voters can choose their councilmember from the entire island wide
slate of candidates.