Solomon v. Abercrombie

In these related original proceedings, Petitioners petitioned the Supreme Court for (1) judgment invalidating the 2011 Final Reapportionment Plan (Plan) for the state legislature adopted by the State Reapportionment Commission, (2) a writ of mandamus directing the Commission to prepare and file a new reapportionment plan for the state legislature, and (3) a writ of mandamus directing the Chief Election Officer to rescind the publication of the Plan. The Supreme Court issued orders granting the petitions and (1) invalidated the Plan, determining it was constitutionally invalid where (i) the Hawaii Constitution expressly mandates that only permanent residents be counted in the population base for the purpose of reapportionment, and (ii) the Plan disregarded this constitutional mandate by including nonpermanent residents in the population base that the Commission used to allocate legislative seats among the islands; (2) directed the Commission to prepare and file a new reapportionment plan that (i) allocates the members of the state legislature among the basic island units by using a permanent resident population base and then (ii) apportions the members among the districts therein; and (3) directed the Chief Election Officer to rescind the publication of the Plan for the state legislature. View "Solomon v. Abercrombie" on Justia Law