Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 10, 1 October 1996 — Native Hawaiian Vote -- the ʻAes have it [ARTICLE+ILLUSTRATION]

Native Hawaiian Vote -- the ʻAes have it

by Deborah L. Ward By a margin of three to one, Hawaiian voters participating in the historic Native Hawaiian Vote, responded "'Ae" (Yes), in response to the ballot question, "Shall the Hawaiian People elect delegates to propose a Native Hawaiian govemment?" The results of this vote, conducted by mail-in ballot over the summer were announced on September 11, in a noon ceremony at Ali'iolani Hale (state Judiciary building) near the statue of King Kamehameha in downtown Honolulu. It began with chanting, the blowing of the pu and a procession led by the Hawaiian flag held aloft. The historic announcement of the Native Hawaiian Vote is one of the first times in 103 years that the Hawaiian people as a whole have had the opportunity to express their will regarding sovereignty and selfdetermination. Approximately 81,598 ballots were received by Hawaiians — in Hawai'i, across the Mainland and worldwide — who registered to vote. About 200 persons were on hand to hear Hawaiian Sovereignty Elections Council chairperson Sol Kaho'ohalahala read a brief statement on behalf of past and present HSEC members gathered around him. Kaho'ohalahala recalled the events of January,1893 whieh led to the overthrow of the Kingdom of Hawai'i by a small group of foreign businessmen, mostly Americans, with the assis-

' . . .V." ... ' -. " . . ... '■ tance of the U.S. Minister and backed by Ameiiean forces. The islands were annexed by the United States in 1898 and became a state in 1959. Not until 1993, one hundred years later, he said, did the U.S. Congress and President Clinton apologize to the Native Hawaiian people for this illegal act, in signing Public Law 103-150. Creation in 1993 by the state Legislature of the Hawaiian Sovereignty Advisory Commission, and its evolution into the Hawaiian Sovereignty Elections Council was to begin the process toward Hawaiian self-determination by involving all Hawaiians. Over three years the HSEC has formulated plans and conducted public information meetings in Hawai'i and on the Mainland, and a media eampaign for a plebiscite of Hawaiian voters, later renamed the Native Hawaiian Vote.

Kaho'ohalahala said that approximately 33,000 ballots were returned to the post office by voters. Of those returned ballots, 30,423 were eligible to be counted. Some ballots could not be counted because voters failed to sign the affirmation of Hawaiian ancestry statement on the return envelope. Of the 30,423 ballots eligible to be counted, 26.72% voted 'a'ole (no). A majority, 73.28%, voted 'ae (yes). This trend was reflected in all statewide voting districts. Cont. pg. 15

Hawaiians eall for election of delegates to propose a Native Hawaiian government

from pg. 1 Opponents of the vote claimed a victory due to the low percentage of returned ballots compared to the number mailed out. Some groups had urged Hawaiians to spoil their ballot or to just not vote, in protest. HSEC officials said that because some people did not vote, there was no official way to gauge actual sentiment since apathy or lost ballots might also account for ballots not returned. Kaho'ohalahala said, "This is a victory for Hawaiians. 73% of those who voted want to move forward and elect delegates to a convention. Today...we are at the dawn of a new age. It is time for our people to stand together, join hands and put our differences aside. As we move toward the year 2000, Hawaiians have the opportunity to make significant changes. This is our time in history. The path to .

rebuilding a sovereign Hawaiian nation is before us. The opportunity to uplift our people and improve all of their Iives appears clearer."

Kaho ohalahala said the HSEC will prepare a final report and recommendations to the state Legislature's 1997 session, the Office of Hawaiian Affairs and the Hawaiian people. He said the current legislation under whieh the HSEC exists means the eouneil will cease to exist after December 1996. Individual eouneil members and staff have formed an inde-

pendent, not-for-profit non-governmental

. entity known as ' Ha Hawai'i to [ help raise I resources for the eventual election I of delegates to a I convention. | Early estimated | costs of an elee- ' tion of delegates | were put at $1.2 m i 1 1 i o n . I Kaho'ohalahala f speculated that I that election of delegates might be a year to two years in

the future. A series of legal challenges filed as the vote was in progress appeared to threaten not only the counting of the ballots but

also announcement of the results. Three Hawaiians — OHA Trustee Billie Beamer, Ka Lāhui member Clara Kakalia, Lela Hubbard — and a nonHawaiian, Stephen Kubota, challenged the constitutionality of the vote and argued in federal court that it interfered with their right to petition the federal government for sovereignty. A second non-

Hawaiian plaintiff, Big Islander Harold

Rice, said it was unconstitutional for the state to use tax dollars to sponsor a vote whieh was only open to Native Hawaiians. A hearing was held on the merits of these suits in late August. In his 52-page decision, rendered on Sept. 6, U.S. District Judge David Ezra found that the vote did not hamper the plaintiffs' "ability to redress the government on sovereignty issues. The court finds no evidence indicating that the results of the vote will foreclose any avenues previously available to plaintiffs in their effort to redress the government." Ezra also found that the state has a eompelling interest in polling Native Hawaiians as a distinct group on their views regarding sovereignty in light of

the state's unique relationship to them as a native people, demonstrated by the state constitution and the Hawaiian Homes Commission Act. An appeal by Rice to the federal 9th Circuit Court of Appeals brought another stay on the release of the vote, whieh was lifted when the court of appeals agreed with Ezra's ruling that Rice would suffer "no irreparable injury meriting injunctive relief." That cleared the way for announcement of the results.

Oct. 20 — Native Hawaiian Vote Case "Island Issues,", hosted by Bob Rees, will be featuring the Native Hawaiian Vote case with Hayden Aluli, Lela Hubbard, John Van Dyke and Tom Watts on KFVE, ehannel 5, at 2 p.m.

"This is a victory for Hawaiians. 73% of those who voted want to move forward and elect delegates to a convention. Today...we are at the dawn of a new age." — Kaho'ohalahala

Proclaiming an "'Ae" vote, supporters of the Native Hawaiian Vote express their approval.

HSEC Chairperson Sol Kaho'ohalahala reads the vote tallies at Ali'iolani Hale