§13D-2 Qualifications of board members.

304 words·~1 min read·/hi/13d-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§13D-2 Qualifications of board members. No person shall be eligible for election or appointment to the board unless the person is Hawaiian and is:

(1)qualified and registered to vote under the provisions of section 13D-3, and

(2)where residency on a particular island is a requirement, a resident on the island for which seat the person is seeking election or appointment. No member of the board shall hold or be a candidate for any other public office under the state or county governments in accordance with Article II, section 7 of the Constitution of the State; nor shall a person be eligible for election or appointment to the board if that person is also a candidate for any other public office under the state or county governments. The term "public office", for purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster, or disaster relief. [L 1979, c 196, pt of §8; am L 1980, c 138, §1; am L 1981, c 82, §4; gen ch 1985; am L 2000, c 59, §1]

Attorney General Opinions

A police captain is a public officer and cannot serve simultaneously as a police officer and as a trustee. Att. Gen. Op. 80-3.

Does not prevent county employee from also being trustee for that county. Att. Gen. Op. 84-8.

Law Journals and Reviews

To Dwell on the Earth in Unity: Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai ‘ i. V HBJ No. 13, at pg. 15.

Case Notes

Limitation of eligibility to be a candidate for office of Hawaiian affairs trustee to Hawaiians invalid under the Fifteenth Amendment and §2 of the Voting Rights Act; plaintiffs lacked standing to challenge the restriction that appointed trustees be Hawaiian. 314 F.3d 1091.