§13D-3  Qualifications of voters;registration.  (a)  Every person who registers as required by law shall beentitled to vote at any election of board members provided that the personshall have attained the age of eighteen years at the time of the election.

(b)  No person shall be eligible to register asa voter for the election of board members unless the person meets the followingqualifications:

(1)  The person has attained the age of eighteen yearsor will have attained such age within one year of the date of the next electionof board members; and

(2)  The person is otherwise qualified to register tovote in the State.

(c)  Any person eligible to and desiring toregister as a voter for the election of board members shall go to any locationdesignated by the clerk of the county, then and there to be examined under oathas to the person's qualifications as a voter.  Each applicant shall make andsubscribe to an application in the form of an affidavit as provided for undersection 11-15.

(d)  The clerk of each county shall registerall persons in the county who are eligible to and desiring to register asvoters for the election of board members.  The register may be maintained inconjunction with the general county register; provided that the clerk shall beable to prepare a separate list of voters for the election of board members,capable of segregation by precinct and representative district.  Themaintenance, reproduction, and transmittal of records and affidavits to acentral file shall be in accordance with section 11-14.

(e)  The clerk of each county shall amend thegeneral county register to include therein any person, who on November 6, 1984,was registered to vote only for members of the board of trustees, tohereinafter be registered to vote in all elections held in the State. [L 1979,c 196, pt of §8; am L 1985, c 203, §7; am L 2000, c 59, §2]

 

Law Journals and Reviews

 

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

  The California Civil Rights Initiative:  Why It's Here, ItsFar Reaching Effects, and the Unique Situation in Hawai`i.  22 UH L. Rev. 279.

  Matters of Trust:  Unanswered Questions After Rice v.Cayetano.  23 UH L. Rev. 363.

  Doe v. Kamehameha Schools:  A "Discrete and InsularMinority" in Hawai‘iSeventy Years After Carolene Products?  30 UH L. Rev. 295.

Case Notes

 

 State's electoral restriction enacted a race-based votingqualification; Hawaii's denial of petitioner's right to vote, where petitionerwas not a "Hawaiian", was a clear violation of the FifteenthAmendment to the U.S. Constitution.  528 U.S. 495.