Coray v. Koga
Coray v. Koga
Opinion of the Court
This appeal involves the determination of the proper meaning of the language “be from the same political party” (emphasis added) found in Section 3-103(2) of the Revised Charter of the City and County of Honolulu which became effective on January 2, 1973 (hereinafter referred to as Revised Charter). The pertinent part of Section 3-103(2) of the Revised Charter provides that the City and County reapportionment “commission shall consist of nine members . . . no more than a majority of whom shall be from the same political party. ’ ’
We take judicial notice that like the other states, we have in this state two major organized political parties — the Democratic Party and the Republican Party.
In answer to appellants’ assertion that the words “be from” the same political party are unconstitutionally vague,
Appellants’ primary contention is that the commission “to redraw election district lines for council seats”
Appellants premise their contention on the assertion that the selection of the ballot pursuant to HRS § 12-31 (Supp. 1974) by a voter in a closed primary election conclusively determines that he is a member of a political party. Their premise is not well founded. When what is now HRS § 12-31 was first enacted into law as part of Act 38, S.L.H. 1963, the
In view of the voluntary nature of membership in a political party we hold that to “be from the same political party” means to be a member of the same political party recognized as such by that party and the member. The membership lists submitted by the county committees of political parties to the county clerks for filing pursuant to HRS §§ 62-61 (4) and 70-8 would provide one source for determining whether a person is an acknowledged member of that political party.
Under the facts as found by the trial court (which appellants have not challenged), there would be no question that none of the challenged independent members of the reapportionment commission was an acknowledged member of the Democratic Party.
Affirmed.
HRS § 296-7 (district school advisory councils).
HRS § 11-41 (Board of registration); § 26-11 (Board of Regents of University of Hawaii); § 356-5 (Hawaii Housing Authority).
HRS § 171-4 (Board of land and natural resources).
§ 13-4(f), Charter of the County of Hawaii.
§ 22.02(e), Charter of the County of Kauai.
§ 13-2.2, Charter of the County of Maui.
See also, Section 4, Article III of the Hawaii State Constitution. The City Charter Commission directed that its first draft of proposal No. 128, which became § 3-103 (2) of the Revised Charter be based upon Section 4, Article III. Minutes of Meeting No. 64 of the Charter Commission of the City and County of Honolulu (May 16, 1972).
See City Charter Commission, The Responsible City; Honolulu, pp. 9-28 (1972).
Standing Committee Report No. 145, 1963 Senate Journal, 721, 722.
Id.
Act 151, S.L.H. 1967; Act 26, S.L.H. 1970; Act 217, S.L.H. 1973; Act 34, S.L.H. 1974.
Reference
- Full Case Name
- CARLA W. CORAY v. GEORGE KOGA
- Status
- Published