GaryHooser's Blog

We must jump all over this – now.

Senator Karl Rhoads, Chair of the Judiciary Committee has scheduled SB555 introduced by Senator Les Ihara, banning campaign fundraisers during the legislative session. The committee(s) on JDC has scheduled a public hearing on 02-22-22 9:30 am.

If you go to the “SB555 status” page there is a link to provide testimony in strong support. You must first Register and Sign In. Please note that there is a “Proposed Draft” that changes the language slightly.

Please testify in STRONG SUPPORT before 02-21-22.

In addition, please consider suggesting the committee amend the bill to not just ban fundraisers held during the session, but also ban the solicitation or acceptance of campaign contributions during the session.

Please also spread the word! I mean to every single person on your email list – everybody.

Two legislators have pled guilty and admitted to taking bribes. As the investigation unfolds in the weeks and months ahead, others will no doubt follow.

28 states (but not Hawaiʻi) presently ban legislators from campaign fundraising during the legislative session.

In Hawaiʻi it’s perfectly legal for a legislator, perhaps the Chair of a Committee that’s preparing to decide whether to pass or kill a bill, to solicit campaign contributions from the industry or group who might be impacted by that very same bill.

We must change the law and pass SB555.

Please take a moment to read “Corruption By Any Other Name Is Still Corruption” Civil Beat: (4 minutes).

After you submit testimony, and after you share this with your friends and neighbors – take the extra time if you can to let your own district Senator know of your strong support for SB555.

Let’s do this. *Scroll down for the minimum wage issue update.

Gary Hooser
Pono Hawaiʻi Initiative

*if you receive this email forwarded from a friend and would like to receive my email updates directly Please opt-in – “Hawaii Policy and Politics”: at https://policy-and-politics.mailchimpsites.com

Note on minimum wage issue: As expected, though HB2510 is inferior to SB2018 and unnecessary, the House passed it on the floor yesterday. The following Representatives should be thanked for standing up on for their principles, the needs of working people, and for their votes and remarks given on the floor. The rest of the members either voted in support of delaying the $18 increase until 2030, or flat out opposed $18.

Please take a moment to say mahalo to our strongest friends in the House:

Rep. Jeanne Kapela repkapela@Capitol.hawaii.gov

Please listen to her awesome speech given on the floor of the House!

Rep. Sonny Ganaden repganaden@Capitol.hawaii.gov

Rep. Amy Perruso repperruso@Capitol.hawaii.gov

Rep. Roy Takumi reptakumi@Capitol.hawaii.gov

For the record, while I am disappointed in the failure of some of our friends to support the fundamental provisions contained within SB2018, I remain optimistic that as the issue moves forward they will more closely examine the issue and realize that the phased-in impacts to business as balanced with the benefits to low income working people – warrant strong support.

A great majority of the Representatives say they support increasing the minimum wage, but yet so far have refused to support SB2018 which proposes to increase the minimum wage to phased in increments to reach $18 in 2026. SB2018 has already passed the Senate and has the support of Governor Ige.

The reason for the lack of support by this group is political in nature. There really is no other reason. It’s the internal politics of the House, the political rivalry dynamics with the Senate, and the ego and arrogance of the House Speaker and Labor Chair that are driving this train.

Today, Thursday 02/17 there will be a floor vote on HB2510. It will be interesting to see who votes Yes in support of delaying the $18 increase until 2030, who votes No and stands firm with working people, and who votes with reservations “WR”, attempting to appease both sides.

At the House Labor & Tourism HB2510 hearing this past Tuesday, 85% of the public testimony supported a minimum wage of $18 by 2026, not 2030. But as you can guess, the committee chose to ignore the testimony and pass HB2510 delaying raising the wage to $18 until 2030 AND treating restaurant servers like second-class citizens by paying them even less.

There is no question whatsoever that SB2018 is a much better bill for low-wage working families. It achieves the $18 threshold in 2026, has passed all the hurdles in the Senate, and has the support of the Governor.

Representatives who cast solid yes votes today will no doubt echo the talking points of the various business lobbyists saying that HB2510 includes the expansion of various tax credits and thus represents a “comprehensive” approach. These same speeches will ignore the fact that passing Senate bill SB2018 does not preclude or prevent them from also passing other bills with those same tax credits. It is not an either-or choice.

The main objective of these lobbyists and their enablers is to delay the increase as long into the future as possible, and/or just get the issue into conference committee and have it die there – behind closed doors, without fingerprints or accountability.

Today’s vote is essentially a litmus test.

Each Representative must state publically via their vote and floor remarks, whose interests they serve. Are they going to be on the side of working people or will they simply go along to get along with the business lobby who’s mantra is “no time is a good time” and “the longer we can stretch this out the better”.

Representative Roy Takumi says it well in this Civil Beat piece published recently:
“As expected, the business community opposes any effort to increase workers’ wages saying that now is not the right time.

This is nothing new. When the economy is going well, the business community testifies that an increase isn’t necessary or needed since businesses pay more to attract workers.

When the economy is not going well, the business community testifies that any increase will lead to layoffs and closures. In other words, there is never a right time. Actually, now more than ever, we should raise the minimum wage.” Workers Deserve A (Barely) Living Wage (https://www.civilbeat.org/2022/02/rep-roy-takumi-workers-deserve-a-barely-living-wage/)

The fundamental question for Representatives this morning is:

Pete Seeger “Which Side Are You On?” ()
(you really, really, should click and listen to this classic labor anthem)

“Which side are you on boys?
Which side are you on?
Which side are you on boys?
Which side are you on?

They say in Harlan County
There are no neutrals there.
You’ll either be a union man
Or a thug for J. H. Blair.

Which side are you on boys?
Which side are you on?
Which side are you on boys?
Which side are you on?

My daddy was a miner,
And I’m a miner’s son,
He’ll be with you fellow workers
Until this battle’s won.

Which side are you on?…”

Please ask your district Representative this question if you get a moment this morning. A complete list and contact info for all Representatives. Or if you plug in your address into “Find Your Legislator” and you can easily identify your specific District Representative and contact info.
Sincerely,
Gary Hooser
Pono Hawaiʻi Initiative

Do you know firsthand of any corruption involving bribery of public officials or government employees occurring here in our community? I sincerely hope not, but if you do https://www.fbi.gov/tips

It is our collective community’s responsibility to report if we know of or have witnessed this type of ugly and criminal betrayal of the public trust – it is our kuleana.

Likewise, it is the kuleana of our elected leaders to take action now, to rebuild that public trust, to further expose the wrongdoing, and to prevent it from reoccurring in the future.

Waiting around for the other shoe to drop, issuing statements of concern, or just looking the other way, hoping this will just go away is malfeasance, misfeasance, or nonfeasance.

You choose: Malfeasance occurs when the act is intentional, whereas misfeasance is completed accidentally. Nonfeasance is a failure to act when action is required.

There are many, many things that our sitting legislators can do today that would greatly improve the transparency and accountability of lawmaker actions.

Simply by amending their own internal rules the House and Senate could today:
*Ban the soliciting and accepting of campaign contributions during the legislative session.
*End the unilateral power of a committee chair.
*Require public votes to defer bills indefinitely, or to otherwise kill a bill.

It is the current practice of some committee chairs to solicit campaign contributions from prospective donors literally at the same time they are deciding to pass or kill a bill that impacts those same prospective donors. This, in my opinion, is unethical but currently not illegal.

The chair of a committee exercises nearly dictatorial power over the bills that are referred to that committee. A majority of the committee members technically can override the chair, but the process is such that such an act is considered adversarial and thus rarely acted upon. This concentration of power creates an environment that invites corruption.

Requiring a publicly recorded vote to kill bills ensures both transparency and accountability. The current system simply shields bad actors and bad actions from the public eye. As Senator English in the criminal charging file said, “It’s easy to kill bills.”

Two Hawaii legislators, former Senator Kalani English from Maui and Representative Ty Cullen from Oahu pled guilty yesterday to federal charges, admitting that they accepted thousands of dollars, trips, lavish dinners and more – in return for selling out the public trust.

They face up to 20 years in prison for their involvement in a scheme in which they accepted bribes in return for “fixing” legislation that benefited a private businessman involved in wastewater treatment and other enterprises.

It’s a sad time for those of us who believe in and are fighting daily to reinvigorate public involvement in the civic process.

In last week’s The Garden Island column, I praised Senate President, Kauai Senator Ronald Kouchi for showing leadership with regards to increasing the minimum wage.

Today, I implore upon Senator Kouchi, and all state legislators in both the House and the Senate to rise to this occasion and demonstrate the leadership our community and all Hawaii is desperately in need of.

Please, push back against what seems like a rising tide of public corruption by immediately championing and implementing the above 3 reforms. None require a bill, a hearing, or a task force to create and implement. All that is required is leadership and political will.

There is much more that can and must be done, but we need our lawmakers to lead.

The three points mentioned above are a start, but we must also implement term limits for state legislators, expand the public funding option for elections, increase regulation of lobbyists, and require state legislators to comply with the Sunshine Law.

The House Labor Committee has finally scheduled Speaker Saiki’s minimum wage bill HB2510 to be heard this coming Tuesday and it’s absolutely essential that we flood the committee with testimony saying essentially –

$18 by 2026 is the compromise
Roses are red, violets are blue,
Anything less than $18 by 2026 simply won’t do.

HB2510 is a complicated measure that delays until the year 2030 increasing the minimum wage to $18 and has other components that are unacceptable. The Senate Bill SB2018 proposes phased-in increases that reach $18 by 2026. SB2018 has already passed the Senate and has the support of the governor.

TESTIFY TODAY BEFORE 9:30am MONDAY MORNING 02/14

Please tell the House Labor Committee that SB2018 is the bill we want to be passed. Hawaii’s workers deserve $18 at least by 2026!

See further sample testimony at the bottom.

Tell the committee your story and why increasing the minimum wage is important to you and your family.

Keep it short if you like. But submit something, please.

If you are unfamiliar with the process: To testify, you must go to the Capitol Website, register (it’s very easy), sign in, and then voila!

Info provided on this page courtesy of Raise Up Hawaii
 
The House Labor Committee is hearing HB2510, a slower minimum wage increase that would move the minimum wage up to $18 by 2030, except for tipped workers. We need all the testimony we can get to demonstrate broad support for the faster, better Senate language in SB2018.

Hearing: Tues., Feb. 15, 9:30 AM (sign up for zoom if can!)
Testimony Due: Mon., Feb. 14, 9:30 AM (late testimony also accepted)

HB2510, proposed by the State House leadership team, also contains multiple tax credit provisions that are generally good for working families. It is our belief that House leadership is bundling these tax credits into their inferior minimum wage bill as a way to try and force us to support the bill.
 
Fortunately, the tax credit provisions in HB2510 also exist in other bills that are still alive and doing well.
 
Therefore, Raise Up Hawaiʻi suggests either submitting testimony as “Comments” or “Opposition” to HB2510, but we understand if some folks feel they have no choice but to “Support with Amendments.” The most important thing is to hammer home the message:
 
$18 by 2026 is the compromise position when it already costs more than that to survive in Hawaiʻi today.

Sample Testimony
 
Dear House Committee on Labor & Tourism,
 
Although I support some of the provisions in this bill, I must respectfully submit my opposition to HB2510. It already costs more than $19 an hour for a single adult with no children to just barely make ends meet in Hawaiʻi today. It is absolutely imperative that we reach $18 an hour by 2026 if working families are to find the economic relief that the legislature has promised to provide. Anything less than that is simply too slow to catch the tens of thousands of struggling Hawaiʻi workers back up to a livable level.
 
The worthy tax credit proposals in this bill also exist in other, less complicated bills, and should be advanced forward using those legislative vehicles instead.
 
The Senate has handed the House a clean $18 by 2026 bill in SB2018. It is now up to the House to do what is best for Hawaiʻi’s hardworking families and for its economic health and agree to the Senate proposal. Send SB2018 to the governor’s desk for signature instead of this bill. 
 
Mahalo for the opportunity to testify.

[Your Name]
[Your Neighborhood or House District]

Getting acquainted with the Capitol website
 
Make your voice heard at the state legislature! It’s easy to register for an account to submit written testimony. And, you’ll be able to testify from home! To learn about the new remote testimony process, watch this helpful video.

Below is a verbatim exchange between a reader and myself on both the minimum wage issue and the potential “inside baseball” political games.

“Dear Gary,

I apologize for my skepticism sir but I don’t believe Speaker Saiki truly supports a livable wage. He’s up for re-election next year and given that he almost lost last time, he just needs good optics.

Wanna wager that he either does not “allow” a committee chair to even schedule a hearing (Bully Strategy) or perhaps, his disdain will be apparent as he assigns an impossible number of committees to effectively kill it via excessive bureaucracy?

I choose only these two (2) options because he doesn’t have Rep Sylvia Luke to act as his back-up, hachet gal since she’s facing an upcoming election too. Plus, she’s shooting for a gig with more constituents requiring pacification. All about the optics.

Stay safe & be healthy,
Skeptical Voter”

My response:
Dear Skeptical Voter,

Unfortunately, I agree, and certainly would not want to bet against you.

Taking into consideration his past actions on the issue, I’m actually ready to double down.

To make the potential bad news even worse, there is a third commonly used option to “kill the bill” which I outline below.

But even though we are both deeply skeptical about Speaker Saiki’s intentions, we must continue to push very, very hard on our District Representatives who empower him. Who knows, maybe he will surprise us and his better angels will prevail!

So please, at the very minimum send your Representative and Speaker Scott Saiki a message asking them to schedule the Senate bill SB2018 and pass it out cleanly, with no changes using this nifty “one-click” campaign sponsored by “Raise Up Hawai’i”.

The third possible path – Speaker Saiki will allow passage of the House Bill HB2510 that delays $18 into the year 2030 bill and reduces the minimum wage increase for restaurant servers. He then kills the Senate bill SB2018 (the good, simple, clean one that gets to $18 in 2026 and does not reduce the benefit to restaurant servers).

HB2510 then “crosses over to the Senate” and the Senate amends it to reflect the 2026 date (and makes other changes).

The amended HB2510SD1 then goes into the conference committee where it dies behind closed doors. Speaker Saiki blames the Senate and the Senate blames the House. Low-wage workers continue twisting in the wind for another year, and the Chamber of Commerce continues laughing all the way to the bank.

We must not let this happen.

The only answer is to shine a bright light and let our own District Representatives know we are so very tired of the games. So please, use the Raise Up Hawai’i one-click service or identify your Representative from this list and send a no-nonsense message, asking them to support the passage of SB2018 without any changes TODAY.

Enough is enough.

Gary Hooser
Pono Hawai’i Initiative

Note: To recap the situation as it stands today 02/08/22

Both the State Senate and Governor Ige are supporting SB2018 which has already passed out of the Senate and remains stalled in the House.

SB2018 increases the minimum wage in Hawai’i to $18 per hour in 2026, phased-in starting this October, and does not further weaken the benefits paid to restaurant servers.

Speaker Saiki and members of his leadership team are pushing “their bill” HB2510 – WHICH DELAYS THE $18 INCREASE UNTIL 2030 – AND ACTUALLY REDUCES THAT AMOUNT FOR RESTAURANT SERVERS.

If the House makes any change or amendment whatsoever to SB2018, then it must go back to the Senate for further approval and possibly end up in a “conference committee” where the process is conducted behind closed doors. The risk of further weakening or killing any minimum-wage increase grows substantially should the House change, amend, or refuse to pass SB2018.

For excellent information on the minimum wage issue and continuous updates, visit Raise Up Hawai’i .

Maximus Aurelius –

The State Senate and the Governor both are supporting SB2018, increasing the minimum wage in Hawaii to $18 per hour in 2026, phased in starting this October.

Only the approval of Speaker of the House Scott Saiki is needed, and Hawai’i minimum wage workers will finally gain an increase they’ve been waiting 4 years for.

If Speaker Saiki encourages the House majority to support, SB2018 it will pass, and if not it could very well leave Hawai’i workers once again, twisting in the wind.

Thus the urgent importance and need for you to send an email to two people, TODAY:

1) Speaker Scott Saiki – repsaiki@Capitol.hawaii.gov

2) Your own district House Representative – Here is a complete list of all Representatives and their contact information. If you are not sure who your district Representative is, type in your address into this nifty little online service and it will tell you.

The core message to both Speaker Saiki and your district Representative is simple: Pass the bill. No amendments, no changes, no delays – just pass SB2018 now. Please.

**In addition, please ask your district Representative: “If SB2018, as it’s now written, were scheduled for a vote in the House, would you vote in support?”

24 out of 25 Senators have already voted in support. Governor Ige has testified also in support.

So it’s a fair question to ask your district Representative. Would they also support SB2018 as it’s now written if given the opportunity to vote on it?

Speaker Saiki has said repeatedly that he supports an $18 minimum wage but now he’s saying that he wants to delay implementation until 2030. SB2018 says $18 by 2026.

Increasing the minimum wage gradually to achieve $18 by 2026 provides businesses with enough time to adjust and adapt. Delaying the increase as Speaker Saiki is proposing until 2030 is unnecessary and will hurt workers.

The Senate and the Governor both say $18 by 2026 is the answer. Please ask Speaker Saiki to agree and also support SB2018.

To those who fear that the minimum wage will cause economic disruption, the research shows this fear is clearly misplaced. Yes, the cost of a plate lunch will go up from $10 to $10.60 in 2026. However the research is clear that minimum wage increases also push up wages in the middle faster than prices increase, so all workers will be better off when the minimum is increased.

Experience shows that when the minimum wage was increased here in the past, there was no increase in worker layoffs, no increase in bankruptcy, and price increases attributed to the minimum wage increase were negligible. In fact, only good things happened, workers made more money and they spent more money – fueling increased business activity.

So please send those two emails today, certainly by Friday, February 4th if at all possible. It’s critically important that Speaker Saiki and your district Representative, both know that the passage of SB2018 without any changes or further amendments is important to you.

It’s also important of course that you know clearly where they stand on the issue. If SB2018 as it’s now written, comes before them for a vote, will they vote in support?

Thank you in advance for joining with me and many others in helping to raise the standard of living for working families throughout all Hawai’i.

Sincerely,
Gary Hooser
Pono Hawaii Initiative

Inside baseball note: SB2018 has passed over from the Senate to the House in a draft that is strong, simple to understand, and “clean”, thus it is ready to pass into law. The bill as passed over needs only the House’s approval. If the House makes any change or amendment whatsoever, the bill then must go back to the Senate for further approval and possibly end up in a “conference committee” where the process is conducted behind closed doors.

The risk of further delays, weakening or killing SB2018, without accountability increases substantially should the House change or amend it, thus sending it back to the Senate and possibly the conference committee process.

Let’s do this!
Granddaughter Isabella crossing her fingers hoping you will send those two emails!

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It’s time to begin a statewide conversation about term limits.

Few are pleased with the status quo. Though our current legislative leadership possesses decades of experience, clearly that’s not enough.

“We already have term limits, they’re called elections” is the stock response, and until relatively recently, the position I subscribed to.

However, after 20 years of working within the system, I’ve come to believe differently.

Term limits will put a stop to the do-nothing, take no risk, keep your head down, go along to get along, “long game” strategy that too often infects those who aspire to serve in elected office.

The problems and challenges facing us today are far too urgent to play the long game or any games at all. An 8-year term is plenty enough time for new elected leaders to make their mark, and to set and accomplish their goals.

The barriers to entry for new candidates are formidable. Money, name recognition and a conscious manipulation of the system by those already in power give incumbents an overwhelming advantage while keeping newcomers out.

The basic cost to run a campaign for the state Legislature can run between $40,000 to $100,000, sometimes more. Because there’s no cap on the amount incumbents can raise, some sit on “war chests” approaching $1 million, much of it raised during the legislative session from the very interests they are charged to regulate.

Legislators, by virtue of their position, are frequently in the public spotlight. They are constantly cutting ribbons or “breaking ground” at some new school, highway or community center. They hold press conferences and issue press releases. In recent years, state legislators have taken to sending out glossy mailers under the guise of constituent surveys or a “report to the district.” These taxpayer-funded mailings conveniently become more frequent in the months preceding an election.

As if money and name recognition were not enough, incumbents are further protected via a deliberate manipulation of the law-making process itself. The rules and actions of the legislative body are designed to “protect the members” from negative political exposure that comes with “hard votes.” Controversial issues rarely get voted on until they’re severely diluted, endlessly delayed, or pushed off to a task force.

An especially egregious example of the system being manipulated to favor incumbent legislators is the current process of district reapportionment. Legislators attempting to improve their electoral opportunities are at this very moment, actively lobbying the Reapportionment

Commission. The commission has been given the home address of sitting legislators, even though the State Constitution says explicitly that the drawing of the maps should avoid “favoring” anyone. The ongoing delays favor incumbents and hamstring challengers whose campaigns are awaiting the final maps.

Yes, the cards are stacked high against new candidates, new voices, new ideas, and new leadership.

The governor, lieutenant governor, mayor and all Council members in all counties already serve with term limitations. These term limits have not caused the weakening of government operations, nor have they empowered the deep state, or created a dearth of expertise.

What term limits do is create an opportunity for change. Our elected leaders are given eight years to pursue their goals and then they move on, creating space for others to step up.

There is no shortage of other opportunities to serve. Those “termed out” can work elsewhere in the public, private or nonprofit sectors, if indeed service is their primary focus and motivation.

Fifteen states including California and Colorado currently limit the terms of state legislators. It’s time for Hawaii to join them.

To accomplish this goal requires a constitutional amendment. This means incumbent legislators must vote to place this question on the ballot and allow the people to vote it up or down.

A heavy lift perhaps — but the conversation needs to be had.

The pandemic has left many people in a place they never thought they’d be – “accepting government assistance”.
 
We all know someone who has suffered an unexpected illness, job loss, or death in the family that’s left them struggling to pay their bills. For many, this was a realization that forces beyond our control can turn our housing security upside down, no matter how responsible we were.
 
There is a critical lifeline to keep our friends, neighbors, and sometimes ourselves from becoming houseless: It’s called Section 8.

Unfortunately, if you’ve looked for a home to rent lately, you will notice that some of them advertise ”No Section 8” or “No HUD”.
 
According to affordablehousingonline.com/ 
“The Section 8 Housing Choice Voucher (HCV) program is a federal rental assistance program that helps low-income renters pay a portion of their income for rent. Program participants choose their own unit to use the voucher, and pay 30% to 40% of the household’s adjusted monthly income toward rent. The rest is paid directly to the landlord by the Public Housing Agency that manages the household’s voucher.”
 
There’s often a waiting list but those in need should contact their local County Housing Agency to determine if assistance is available.
 
But, making it to the top of the waiting list is only half the battle, because voucher holders are often told that they are not welcome to apply for homes advertised for rent. The reason? Because the landlord has chosen not to even consider renting to a person who utilizes a voucher.

For the lucky ones, this discrimination means spending more time doubled up with friends, or maybe even in a homeless shelter. For others, it means they are out in the cold, waiting for some landlord to give them a chance.
 
Imagine if landlords refused to accept renters whose primary income was social security. Imagine if grocery stores refused to accept EBT.
 
It’s flat-out wrong and discrimination against renters based on their voucher status should be prohibited by law.
 
In fact, in at least thirteen states including California and the District of Columbia, it is against the law. These states and numerous municipalities have passed laws prohibiting housing discrimination based on the source of income.
 
It’s time for Hawai’i to join them.
 
Yes, a landlord should be able to select renters who are able to pay the rent, have a history of paying it on time, and who will take care of the property. This determination should be based however on the renter’s past performance, and other relevant factors, not simply because they are on public assistance.
 
The state legislature has repeatedly turned its back on legislation to protect houseless and low to middle-income working families. However, there is a simple and free way for our legislators to get serious about addressing the housing crisis: by passing a bill that fully outlaws housing voucher discrimination.
 
A strong no-nonsense measure is needed and legislators must reject attempts to prohibit discrimination “in advertisement only” but in reality allowing the practice to continue without penalty.
 
During the opening day ceremonies that take place today January 19th, there will be talk about increasing Hawaii’s minimum wage, paid family leave, and affordable housing. We must also make sure that housing cannot be denied to our neighbors who need vouchers as we work toward our goal of “one job should be enough”.
 
The Chair of the Housing Committee in the House is Representative Nadine Nakamura repnakamura@Capitol.hawaii.gov and in the Senate, it’s Senator Stanley Chang senchang@Capitol.hawaii.gov
 
Please take a moment to email and ask them to end housing “housing voucher discrimination” in Hawai’i.

** Please also consider “opting-in” to my email list – Hawaii Policy & Politics at – https://policy-and-politics.mailchimpsites.com It’s free, it’s easy, and it’s secure. And I promise not to deluge you with meaningless pap. I will however send you occasional messages on political and policy stuff. Trust me, I will only send you items that will add value to your understanding of policy and politics and/or will make you smile and think a bit.

To be a candidate for the Kauaʻi County Council you must be a resident and a “qualified voter” for two years preceding the election.

On the surface this seems like a reasonable requirement. However, it’s the most restrictive in Hawai’i and disenfranchises over 30% of Kauaʻi residents.

You could have been born and raised on Kauaʻi, perhaps a recent graduate or a veteran returning home, who has not yet registered to vote, and you would be declared ineligible.

However, you could move to Honolulu and run for election to the Council there, tomorrow. You could also possibly run for election to be a State Senator, State Representative, or even a member of the U.S. Congress. None of which have a minimum district residency requirement.

But unless you’ve been registered to vote on Kauaʻi for two years prior to being elected, you cannot run for the Kauaʻi County Council.

At least that’s what it looks like at first glance. Upon a second and third glance, the aforementioned conclusion becomes a bit muddy.

I must warn readers. The balance of this column will likely interest only policy nerds, prospective candidates, and possibly attorney’s with too much time on their hands.

According to the Office of Election, the qualifications needed are as follows: https://elections.hawaii.gov/candidates/candidate-filing/

* Kauaʻi County Council: Qualified voter of Kauai County at least 2 years prior to election
* City and County of Honolulu: Resident and registered voter of the appropriate Council District
* Hawai’i County Council: Resident and registered voter of the Council District at least 90 days prior to primary election, qualified voter of Hawai’i County for a least 1 year prior to election.
* Maui County Council: Resident in the area of the county from which the person seeks to be elected for a period of 1 year before filing, qualified voter of Maui County.

It’s my understanding that the Office of Elections for purposes of evaluating the qualification of new candidates for the Kauaʻi Council, interprets the words qualified and registered, as essentially synonyms. I’m not aware if this has ever been challenged in court.

You will see that “qualified voter” is used in relation to the Kauaʻi requirement. For Honolulu it’s “resident and registered voter”, and for Maui it’s “resident and qualified voter”. Hawaii County uses both “registered voter” and “qualified voter”, implying that they have different meanings.

So, is there a difference between a qualified voter and a registered voter?

Yes, we are digging down into the weeds, but in policymaking, the weeds are important and often where the rubber meets the road.

Being “registered to vote” seems pretty clear. You have filled out a form and have the paper to prove it. Being “qualified to vote” however could be interpreted as being of age and being a resident, thus qualified to be a voter, but not having yet registered.

To further confuse things, the actual Kauaʻi County Charter Section 3.04. does not use the word registered voter or qualified voter but rather says, “To be eligible for the council, a person must be a citizen of the United States and must have been a duly qualified elector of the county for at least two years immediately preceding his election or appointment.”

Why the Office of Elections chooses to use language different from that contained within the Kauaʻi Charter, I do not know.

Oxford defines the word “elector” as “a person who has the right to vote in an election.”

It would seem that all adult residents of Kauaʻi have the right to vote in our elections.

Yes, words matter. In this case, the prevailing interpretation of the words would appear to prevent otherwise qualified residents from running and serving on the Kauaʻi County Council.

Attorneys and residents out there who care about this kind of stuff – what say you?