§25-2  Duties.  (a)  Legislative
reapportionment.  The commission shall reapportion the members of each house of
the legislature on the basis, method, and criteria prescribed by the
Constitution of the United States and article IV of the Hawaii Constitution. 
Pursuant thereto, the commission shall conduct public hearings and consult with
the apportionment advisory council of each basic island unit.  Not more than
one hundred days from the date on which all members are certified, the
commission shall cause to be given in each basic island unit, public notice of
a legislative reapportionment plan prepared and proposed by the commission.  At
least one public hearing on the proposed reapportionment plan shall be held in
each basic island unit after initial public notice of the plan.  At least
twenty days' notice shall be given of the public hearing.  The notice shall
include a statement of the substance of the proposed reapportionment plan, and
of the date, time, and place where interested persons may be heard thereon. 
The notice shall be given at least once in the basic island unit where the
hearing will be held.  All interested persons shall be afforded an opportunity
to submit data, views, or arguments, orally or in writing, for consideration by
the commission.  After the last of the public hearings, but in no event later
than one hundred fifty days from the date on which all members of the
commission are certified, the commission shall determine whether or not the
plan is in need of correction or modification, make the correction or
modification, if any, and file with the chief election officer, a final
legislative reapportionment plan.  Within fourteen days after the filing of the
final reapportionment plan, the chief election officer shall cause public notice
to be given of the final legislative reapportionment plan which, upon public
notice, shall become effective as of the date of filing and govern the election
of members of the next five succeeding legislatures.



(b)  Congressional reapportionment.  At times
that may be required by the Constitution and that may be required by law of the
United States, the commission shall redraw congressional district lines for the
districts from which the members of the United States House of Representatives
allocated to this State shall be elected.  The commission shall first determine
the total number of members to which the State is entitled and shall then
apportion those members among single member districts so that the average
number of persons in the total population counted in the last preceding United States census per member in each district shall be as nearly equal as practicable. 
In effecting the reapportionment and districting, the commission shall be
guided by the following criteria:



(1)  No district shall be drawn so as to unduly favor
a person or political party;



(2)  Except in the case of districts encompassing more
than one island, districts shall be contiguous;



(3)  Insofar as practicable, districts shall be
compact;



(4)  Where possible, district lines shall follow
permanent and easily recognized features such as streets, streams, and clear
geographical features, and when practicable, shall coincide with census tract
boundaries;



(5)  Where practicable, state legislative districts
shall be wholly included within congressional districts; and



(6)  Where practicable, submergence of an area in a
larger district wherein substantially different socio-economic interests
predominate shall be avoided.



Not more than one hundred days from the date on
which all members are certified, the commission shall cause public notice to be
given of a congressional reapportionment plan prepared and proposed by the
commission.  The commission shall conduct public hearings on the proposed plan
in the manner prescribed under subsection (a).  At least one public hearing
shall be held in each basic island unit after initial public notice of the
plan.  After the last of the public hearings, but in no event later than one
hundred fifty days from the date on which all members of the commission are
certified, the commission shall determine whether or not the plan is in need of
correction or modification, make the correction or modification, if any, and
file with the chief election officer, a final congressional reapportionment
plan.  Within fourteen days after filing of the final reapportionment plan, the
chief election officer shall cause public notice to be given of the final
congressional reapportionment plan which, upon public notice, shall become
effective as of the date of filing and govern the election of members of the
United States House of Representatives allocated to this State for the next
five succeeding congresses. [L 1969, c 79, §2; am L 1979, c 51, §3; am L 1992,
c 320, §3; am L 1998, c 2, §8]



 



Note



 



  L 1990, c 199 amendment canceled by nonratification of
amendments to Const. art. IV, §§4 to 6.



 



Law Journals and Reviews



 



  Trailblaze or Retreat?  Political Gerrymandering After Vieth
v. Jubelirer.  27 UH L. Rev. 269.