§13D-2  Qualifications of board members. 
No person shall be eligible for election or appointment to the board unless the
person is Hawaiian and is:  (1) qualified and registered to vote under the
provisions of section 13D-3, and (2) where residency on a particular island is
a requirement, a resident on the island for which seat the person is seeking
election or appointment.  No member of the board shall hold or be a candidate
for any other public office under the state or county governments in accordance
with Article II, section 7 of the Constitution of the State; nor shall a person
be eligible for election or appointment to the board if that person is also a
candidate for any other public office under the state or county governments.
The term "public office", for purposes of this section, shall not
include notaries public, reserve police officers, or officers of emergency
organizations for civilian defense or disaster, or disaster relief. [L 1979, c
196, pt of §8; am L 1980, c 138, §1; am L 1981, c 82, §4; gen ch 1985; am L
2000, c 59, §1]



 



Attorney General Opinions



 



  A police captain is a public officer and cannot serve
simultaneously as  a police officer and as a trustee.  Att. Gen. Op. 80-3.



  Does not prevent county employee from also being trustee for
that county.  Att. Gen. Op. 84-8.



 



Law Journals and Reviews



 



  To Dwell on the Earth in Unity:  Rice, Arakaki, and the
Growth of Citizenship and Voting Rights in Hawai‘i. 
V HBJ No. 13, at pg. 15.



 



Case Notes



 



  Limitation of eligibility to be a candidate for office of
Hawaiian affairs trustee to Hawaiians invalid under the Fifteenth Amendment and
§2 of the Voting Rights Act; plaintiffs lacked standing to challenge the
restriction that appointed trustees be Hawaiian.  314 F.3d 1091.