Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 7, 1 July 1996 — The Vote: three years of hard work bear fruit [ARTICLE+ILLUSTRATION]

The Vote: three years of hard work bear fruit

by Patrick Johnston The Native Hawaiian Vote traces its roots to legislation introduced in 1993 - shortly after Hawaiians commemorated the 100th anniversary of the overthrow. OHA had introduced legislation asking for a

convention on Hawaiian sovereignty. At the same time, Ka Lāhui introduced legislation asking that all ceded

lands, revenues, resources, interests and rights be turned over to Ka Lāhui and that they be recognized as the Hawaiian nation. Two other sovereignty bills were also on the legislative table. It was the disparity between these bills that led to the eventual passage of Act 359. The

Act created the Hawaiian Sovereignty Advisory Commission (HSAC), designed to make proposals to the Legislature about a future plebiscite on Hawaiian sovereignty. Commission representatives Commission members - 20 in all - were chosen by the governor. The legislation stipulated that at least 12 of that 20 were to be appointed from nominations submitted by Hawaiian organizations. OHA, Ka Lāhui Hawai'i, the State Council of Hawaiian Homestead Association, and the Association oT|. Hawaiian Civic Clubs ; had a guaranteed seat on the eouneil, whieh eaeh organi^MMMM would fill theiqpelves. | The eouneil also had to have represeftation from eaeh of tfe seven

major Hāwaiian^ islands. f JT Funding was to be equall| shared by the state and the Office of Hawaiian Affairs The role of the governor in Commissiof member selection immediate|y drew fire from Commissiap opponents. Critics argued tlg| Commission was state-cont|olled and could not properly r|present tbe Hawaiian people in issue as important as sovereigntf . Ka Lāhui refused to send a jinember. Nation of Hawai'i lepresentativ|g_Dcnnis "Bumpj|' K|na|s6īe qu?ekjy dropped|but J5 pursue a moftj independ|nt <yurse for ' eignty iwfement. (However, Kanahele continues to express support for the Council and the

upcoming vote.) In response to criticisms, HSAC introduced legislation in 1994 whieh would have had Commission members step down and replaced by an elected board. However, at a meeting February

1994, 189 Hawaiian groups from across the state, participants voted overwhelmingly in favor of maintaining the present commission members and allowing them to continue with their work. The decision established a mandate

for members to move forward. McKenzie says that the Hawaiian org£uiizations and individuals themselves recognized that the community was properly represented by the commission. "There are 20 people on the eouneil from virtually all parts of the Hawaiian community. Different elements are well represented." Advisory body to implementing agency In 1994, the Legislature passed >^pt 200, whieh changed the Commission from an advisory body to an implementing agency. This gave the commission the authority to conduct a plebiscite on self-determination and, if the

plebiscite was favorable, to provide a process to resolve issues related to the form and status of a Hawaiian nation. The Act also established 1995 as the date of the vote and changed HSAC's name to the Hawaiian Sovereignty Elections Council (HSEC).

HSEC was given a mandate "to oversee a vote to determine the will of the Native Hawaiian people to

restore a nation of their own choosing." Act 200 also ran into opposition. Criticisms centered around Section 14 whieh stated that "nothing arising out of the Hawaiian convention ... shall be applied or affect the constitution." Opponents used

this to argue that anything that eame out of the vote would be ineffectual and powerless to bring about any real change. HSEC countered that Section 14 only provides that actions taken as a result of the Act do not automatically change the Hawai'i Constitution, state law ordinances, rules or regulations. "There is nothing in Section 14 that suggests in any way that the state will ignore the results of decisions made by Hawaiians," McKenzie points out. She adds, "After December 31, 1996, it will be a moot point anyway. Anything after that date is not subject to Act 359 or 200 because the Council sunsets at the end of the year." In January 1995, the Council began registering voters.

However, state budget cutbacks put the brakes on Council efforts and almost stopped the process entirely. By the fall of 1995 things were back on track although the vote did have to be pushed back a year. "Plebiscite" vs. "Native Hawaiian Vote" The 1996 session created new problems for the vote. Opponents - working closely with key eommittee members - attempted to redirect the Council's efforts by amending a bill (H.B. 3773, H.D. 1) that would add a second question to the plebiscite. The question would have read: "Shall there be a cultural process to build consensus among Native Hawaiians on the issue of self-

governance?" HSEC director McKenzie says the attempt to add another question to the vote was the only example of the state interfering with the Council's work. She adds that councilmembers

were so angry with the state's meddling that all agreed to resign if the bill had passed. Fortunately for the Council the eonūnueā page 22

The Native Hawaiian Vote

" The ballot is an open, fair and democratic way of letting the Hawaiian people decide what happens next. If you think we should keep going ahead, vote 'yes.' If you think we should stop and wait, then vote 'no.' But the vote belongs to all Hawaiian people, not select organizations. I think we're ready. I'm voting yes." - Trustee Kīna'u Boyd Kamali'i

Hawaiian Vote timeline

1893 - Overthrow of Queen Lili'uokalani. Five years !ater islands annexe« oy United States. Crown and qovernment \ande eeAeA to U.5. 1970 - Kalama Valley struggie sqa\r\et evictions plan by Kaiser- Aetna ; br'mqs together loose knit community groups. 1978 - State Constitutional Convention (Con-Con) establishes Office of Hawaiian Affairs to help improve conditions of Hawaiians. Funded by state and ceded iands reven ues. 1993 - Act 359 passed creating Hawaiian Sovereignty Advisory Commission. It is designed to make proposals to the Legislature about a future plebiscite on Hawalian sovereignty 1994 - Act 200 passed changing H5AC to Hawaiian 5overeignty . Elections Counci. Legislation changes body from an advisory to an implementing age"cy. ( 1996 - H.B. 3773 passed changing name of vote from "plebiscite" to "Native Hawaiian Vote." /

1959 - Hawai'i heeomee 50th state. Ceded iands transf erred t o state eontrol. Constitution says ' portion of ceded lands revenue to be used for native Hawaiians. 1975 - Naho'olawe tssue escaiates to where activists land on the istand to protest three decade s of bombing by the military. 1993 - 100th ann iversary of the overthrow of the monarc hy. Four groups, including 0HA, submit sovereignty bills to Legislature. 1993 - 0HA receives $130 million in ceded \ande backrent from state. 1995 - Council begins registering voters. State budget cutbacks put brake on Council's efforts. Flebiscite pushed back a year.

July 1996 - 6allot mail-out for Native Hawaiian Vote begins.

HSEC fr„m,2

bill was not passed. What did become law was a change in the name of the vote - ffom plebiscite to Native Hawaiian Vote - and approval to roll over old monies for use in the 1996-97 fiscal year. The name change was made to clarify the meaning of the event and to avoid further confusion over the word "plebiscite." The Council has begun an extensive ad campaign and will continue registering voters until the July 15 deadline. Before that date, on July 1, the Council

will begin mailing out ballots. The ballots must be returned by August 15. On September 2 the results of the vote will be announced. McKenzie believes the time has eome to forget the past and look towards a more positive, united future. "Our people have been exposed to negativity, anger, and resentment for too long. It's time to uplift one another, create harmony, and bring aloha into our lives. Please take the opportunity to vote in this historic event."