Friday, June 21, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, November 18, 2016
Supreme Court Rules on Say: Only State House Can Determine Residency of Members
By News Release @ 5:46 PM :: 3361 Views

COURT RULES ONLY STATE HOUSE OF REPRESENTATIVES MAY DETERMINE RESIDENCY FOR REPRESENTATIVE CALVIN SAY

News Release from Office of the Attorney General, Nov 17, 2016

HONOLULU – Today the Hawaii Supreme Court unanimously ruled in Hussey v. Say that the state House of Representatives is the only body that can decide whether State Representative Calvin Say satisfies the constitutional residency requirements of a sitting member. Representative Say has served State House District 20 (St. Louis Heights, Palolo, Maunalani Heights, Wilhelmina Rise, Kaimuki) since 1976. In December 2012 a petition alleged that Representative Say actually lives in a different district and was therefore not qualified to hold office for District 20. The House of Representatives convened a proceeding and ruled that Representative Say meets the residency requirements.

The Court held that Representative Say’s residency for purposes of representing his district is a question to be resolved only by the House – not by the judiciary. The Court also ruled that the Attorney General was not prohibited from representing the House of Representatives, the prevailing party in this case.

Attorney General Doug Chin said, “Today’s decision by the Supreme Court ends the challenge regarding Representative Say’s residency. This ruling respects the doctrine of separation of powers between the three branches of state government.”

In ruling that “the House of Representatives has exclusive jurisdiction to decide whether [Representative] Say satisfied the constitutional residency requirements of a sitting House member,” the court noted that it is one of three coequal branches of government and that the doctrine at issue in this case is meant to “assure that the courts not intrude into areas committed to the other branches of government.”

# # #

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii