Hawaiian Sovereignty Advisory Council

Corporate body

Hawaiian Sovereignty Advisory Council

• HSAC
• HSEC

1993-1994

Through Act 359, the 1993 Hawaii state legislature established the Hawaiian Sovereignty Advisory Commission (“HSAC”) to seek counsel from the native Hawaiian people on how to facilitate their effort to be governed by an indigenous sovereign nation of their own choosing, to study self-determination and self-governance for Hawaiians. HSAC was placed administratively under the Office of State Planning (“OSP”). Act 359 provided that HSAC “shall advise the legislature” on:
(1) Conducting special elections related to this Act;
(2) Apportioning voting districts;
(3) Establishing the eligibility of convention delegates;
(4) Conducting educational activities for Hawaiian voters, a voter registration drive, and research activities in preparation for the convention;
(5) Establishing the size and composition of the convention delegation; and
(6) Establishing the dates for the special elections.
In addition, section 4(c) of Act 359 required HSAC to submit a report of its findings and recommendations to the legislature “not less than twenty days prior to the convening of the regular session of 1994.” Act 359, §4(c), 1993 SLH at p. 1012. Responding to the legislature’s mandate, in 1994, HSAC submitted legislation, given House Bill (H.B.) No. 3630 and Senate Bill (S.B.) No. 3153.
The legislature, by Act 200 of 1994 (formerly known as H.B. No. 3630), amended Act 359 and changed HSAC from an advisory body to an implementing body, independent of state agencies and election laws. All reference to HSAC was removed from the law, and the body was renamed the Hawaiian Sovereignty Elections Council (“HSEC”). HSEC was placed administratively under the Department of Accounting and General Services (“DAGS”). One of the main purposes for HSEC was to “hold a plebiscite in 1995 to determine the will of the indigenous Hawaiian people to restore a nation of their own choosing.” Act 200 provided that HSEC “shall”:
(1) Plan and conduct the plebiscite in 1995;
(2) Carry out the responsibilities necessary for the conduct of elections and the convening of delegates;
(3) Provide for an apportionment plan;
(4) Establish the eligibility of convention delegates;
(5) Conduct Hawaiian voter education and registration; and
(6) Establish task forces and committees necessary for the purposes of this Act.
Act 200, pursuant to its terms, was to be repealed on December 31, 1997.
Finally, the legislature, by Act 140 of 1996, made further amendments to the law which, among other things, removed all reference to the word “plebiscite,” and inserted the words “Native Hawaiian Vote”. Act 140 also extended the deadline for the Native Hawaiian Vote from 1995 to 1996, and added another section to the law, adding these purposes for the HSEC to:
(1) Plan and conduct the Native Hawaiian Vote in 1996;
(2) Carry out the responsibilities necessary for the conduct of elections and the convening of delegates;
(3) Provide for an apportionment plan;
(4) Establish the eligibility of convention delegates;
(5) Conduct Hawaiian voter education and registration;
(6) Establish task forces and committees necessary for the purposes of this Act; and
(7) Provide election guidelines and procedures for the Native Hawaiian Vote, without regard to chapter 91, Hawaii Revised Statutes.
Act 140 also inserted specific language to terminate HSEC’s existence on December 31, 1996.

Timeline
1993 July 1. By enacting Act 359, the Hawaii State Legislature creates the Hawaiian Sovereignty Advisory Commission (“HSAC”). This Commission is a 19-member body, and one ex-officio member representing mainland Hawaiians, within the Office of State Planning; the members, including three state officials, are to be appointed by Governor John Waihee. HSAC, which is funded with $240,000, is to submit to the legislature, prior to its 1994 session, a plan for: (1) an election, "under the election laws of the state," of delegates for: (2) a convention to develop: (3) an "organic document for the governance of a Hawaiian sovereign nation," and (4) a "ratification election."

1994 February 18. HSAC issues its final report

    June 2.     The Hawaii State Legislature enacts Act 200 for the purposes of supporting a fair and impartial process to determine the will of the indigenous people and to restore a nation of their own choosing.  The Act requires, among other things, that: "Nothing arising out of the Hawaiian convention provided for in this Act, or any results of the ratification vote on proposals from the Hawaiian convention, shall be applied or interpreted to supersede, conflict, waive, alter, or affect the constitution, charters, statutes, laws, rules, regulations, or ordinances of the State of Hawaii or its political subdivisions, including its respective department, agencies, boards, and commissions."

1995 HSEC issues an interim report.

1996 July 15. Approximately 85,000 ballots are mailed to ethnic Hawaiians in a State sponsored election asking the question "Shall the Hawaiian people elect delegates to propose a Native Hawaiian government?" Ballots were to be returned by August 15, with plans to announce the results of the vote on September 2.
July 31. The Native Hawaiian Convention is convened. One of the announced goals is the development of a constitution on Hawaiian self-determination that can be ratified by the more than 200,000 Hawaiians in Hawaii and on the mainland.
August. Vote counting is administered by the League of Women Voters. The results are certified on August 24.
September 6. As the result of a lawsuit filed earlier that summer, United States District Judge David A. Ezra issues a ruling in favor of HSEC. The lawsuit had challenged the constitutionality of the Native Hawaiian Vote. The case was titled Kakalia vs. Cayetano, Civil No. 96-00616. In his ruling, Judge Ezra announced that the results of the vote could be announced on September 9. Plaintiffs appealed Judge Ezra’s decision to the Ninth Circuit Court of Appeals; that Court upheld the decision shortly thereafter.
A companion case was Rice vs. Cayetano, Civil No. 96- 00390, wherein the plaintiff Harold Rice challenged the race-based elections for the Office of Hawaiian Affairs (“OHA”); that case was appealed to, heard, and resolved by the United States Supreme Court in 2000.
September 11. Results of the Native Hawaiian vote are announced. Of the 85,000 ballots mailed, only 33,000 ballots were returned. Of those 33,000 ballots returned, 30,423 were eligible to be counted. Of the 30,423 ballots eligible to be counted, 26.72% of voters or 8,129 votes 'a'ole or no, and 73.28% of voters or 22,294 voted 'ae or yes.
December. HSEC issues its final report.
December 31. HSEC’s existence is formally terminated pursuant to the legislation that created it. Its work is assumed by the non-governmental, non-profit organization Hawaiian Sovereignty Council, also known as Ha Hawaii.

Act 359, 1993 SLH

Act 359, 1993 SLH

2006-03, Prepared by D.C. Tanabe.

2021-08-17, Carol Kellett: Entered into AtoM.