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HB140
HOUSE OF REPRESENTATIVES
H.B. NO.
140
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
proposing
amendments to article iv, sections 4 and 6, of the hawaii state constitution
regarding reapportionment
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the Hawaii State Constitution is unique in its
determination of resident population for reapportionment purposes.
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Reapportionment is the process of
re-distributing seats for elected officials so that the seats are relatively
evenly distributed based on the resident population.
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Since being ratified by voters in November
1992, section 4 and 6, of the Hawaii State Constitution have required that reapportionment
for state senators and representatives be based on the average number of
"permanent residents" in each district.
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Any resident not deemed permanent, even if
included in the decennial United States census count as a "usual
resident" of the State, is extracted, or deleted, from the total used by
the state reapportionment commission and therefore not factored into the allocation
of state senate and house districts.
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The legislature further finds that
forty-nine states base their reapportionment process on the United States
census data and the concept of "usual residents".
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The United States census defines "usual
residence" as "the place where a person lives and sleeps most of the
time".
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83 Fed. Reg. 5525 (Feb. 8,
2018).
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For federal House of
Representatives purposes, Hawai
�
i's two seats are allocated
based on the census data.
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Hawai
�
i
ignores this approach and simply extracts non-permanent residents from the
census total.
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Kansas, the only other
state that did not use unadjusted census numbers for several reapportionments,
stopped the practice when voters supported a state constitutional amendment in
2019.
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Kansas now uses the most recent
census data as published by the United States Census Bureau.
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Hawai
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i remains the outlier in
this regard.
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The practical effect of
Hawai
�
i's method is that thousands of military
members, their dependents, and college students who reside in the State but are
not permanent residents are excluded from reapportionment.
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Furthermore, these individuals are also not
counted in another state for reapportionment purposes since all other states base
their process on the United States census data.
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The legislature additionally finds that the
United States Constitution's equal protection clause requires equal
representation of all persons.
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Elected
officials represent and serve all persons living in a specific geographic area,
regardless of their residence status.
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It
is neither rational nor fair to ignore the many non-permanent resident military
members, their dependents, and college students living in the State, since
state and county services are provided regardless of the individual's
reapportionment status.
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Under the
State's current extraction method there are, in some census tracks, a negative
net population.
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District to district,
there is also uneven and unequal representation because those excluded are not
evenly distributed across the districts.
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Fundamentally, individuals who are extracted live in a specific area and
should be counted for representation purposes of that district.
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Accordingly, the purpose of this Act is to
propose amendments to article IV, sections 4 and 6, of the Hawaii State
Constitution to specify that reapportionment shall be based on the resident
population, as counted in the most recent decennial United States census for
the respective reapportionment year.
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SECTION
2
.
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Article 4, section 4, of the Constitution of
the State of Hawaii is amended to read as follows:
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"
Section 4.
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The commission
shall allocate the total number of members of each house of the state
legislature being reapportioned among the four basic island units, namely:
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(1) the island of Hawaii, (2) the islands of
Maui, Lanai, Molokai and Kahoolawe, (3) the island of Oahu and all other
islands not specifically enumerated, and (4) the islands of Kauai and Niihau,
using the total number of [
permanent
] residents
, as reported by the
most recent decennial census of the United States for the respective reapportionment
year,
in each of the basic island units and computed by the method known as
the method of equal proportions; except that no basic island unit shall receive
less than one member in each house."
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SECTION
3
.
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Article 4, section 6, of the Constitution of
the State of Hawaii is amended to read as follows:
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"
Section 6.
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Upon the
determination of the total number of members of each house of the state
legislature to which each basic island unit is entitled, the commission shall
apportion the members among the districts therein and shall redraw district
lines where necessary in such manner that for each house the average number of
[
permanent
] residents
, as reported by the most recent decennial
census of the United States for the respective reapportionment year,
per
member in each district is as nearly equal to the average for the basic island
unit as practicable.
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In effecting such redistricting, the
commission shall be guided by the following criteria:
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1.
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No district shall extend beyond the boundaries of any basic island unit.
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2.
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No district shall be so drawn as to unduly favor a person or political
faction.
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3.
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Except in the case of districts encompassing more than one island,
districts shall be contiguous.
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4.
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Insofar as practicable, districts shall be compact.
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5.
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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.
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6.
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Where practicable, representative districts shall be wholly included
within senatorial districts.
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7.
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Not more than four members shall be elected from any district.
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8.
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Where practicable, submergence of an area in a larger district wherein
substantially different socio-economic interests predominate shall be
avoided."
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SECTION 4.
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The question to be printed on the ballot shall be as follows:
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"Shall the method of reapportionment, which
is the redrawing of electoral district boundaries in the State, be changed so
that reapportionment is based on the total number of residents in the State, as
reported by the most recent decennial census of the United States for the
respective reapportionment year, rather than based on the number of permanent
residents in the State?"
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SECTION 5.
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Constitutional material to be repealed is bracketed and stricken.
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New constitutional material is underscored.
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SECTION 6.
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This amendment shall take effect upon compliance with article XVII,
section 3, of the Constitution of the State of Hawaii.
INTRODUCED BY:
_____________________________
Report Title:
Reapportionment;
Census Data; Constitutional Amendment
Description:
Proposes
a constitutional amendment to
specify that reapportionment shall be
based on the resident population, as counted in the most recent decennial United
States census for the respective reapportionment year, rather than the
permanent resident population.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.