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



(b)  No person shall be eligible to register as
a voter for the election of board members unless the person meets the following
qualifications:



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



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



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



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



(e)  The clerk of each county shall amend the
general county register to include therein any person, who on November 6, 1984,
was registered to vote only for members of the board of trustees, to
hereinafter 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 the
Growth of Citizenship and Voting Rights in Hawai‘i. 
V HBJ No. 13, at pg. 15.



  The California Civil Rights Initiative:  Why It's Here, Its
Far 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 Insular
Minority" in Hawai‘i
Seventy Years After Carolene Products?  30 UH L. Rev. 295.



Case Notes



 



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