Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 9, 1 September 2002 — Make your vote count: Election 2002 is critical. [ARTICLE+ILLUSTRATION]

Make your vote count: Election 2002 is critical.

Aloha mai kakou e nā 'ōiwi Hawai"i. This 21st article in a series of 48 highlights milestones in the next few months. Let me start with a remindar regarding extremely important information. On Sept. 12, 2001, Chief Justice Nloon in Hawai'i Supreme Court opinion No. 20281 ruled that Act 304, enacted in 1990, whieh established the formula by whieh ceded land re\fenues were calculated, was effectively repealed because the court determined it conflicted with federal law; federal law enacted in 1 997, called the Forgiveness Act. The Court's invalidation of Act 304 provided Governor Cayetano unimpeded impetus to cease payment of public land trust revenues due to OHA, and further, to dism iss paying what was due earliar between July 1 - September 11, 2001 . Prior to the Court's ruling OHA was collecting anywhere from $8-1 5 million, annually on behalf of its beneficiaries. Two aspects of the Court's ruling No. 20281 are important. Fimt, the Court agreed with OHA as to the substantive elements of the case;

that a pro-rata share of ceded land revenue payments were due from the Duty Free receipts in Waikiki, Hilo Hospital, receipts from the Hawai'i Housing Authority and Housing Finance and Development Corporation and interest earned on withheld revenues and owed to OHA. Secondly, in the concluding paragraph of its opinion the Court states: "Given our disposition of this case, and the context of its complexity, we would do a disservice to all parties involved if we did not acknowledge that the state's obligation requires policy decisions that are primarily within the authority and expertise of the legislative branch. As such, it is incumbent uponthe legislature toenact legislation that gives effect to the right of native Hawaiians to benefit from the ceded lands trust. (See Hawai'i State Constitution Art.XVI, 7). Although this Court cannot and will not judicially legislate a means to give effect to the constitutional rights of native Hawaiians, we will not hesitate to declare unconstitutional those enactments that do not comport with the mandates of the

constitution." The Court's opinion ends by saying, "Now, more than twenty y ears later, as we continue to struggle with giving effect to that enactment, we trust that the legislature will re-examine the state's eonstitutional obligation to native Hawaiians and the purpose of HRS 10-13.5 and enact legislation that most effectively and responsibly meets those obligations." As the largest minority in this state, Native Hawaiians have the power through our votes to influenee elections. Voting is botha privilege and responsibility. The number of Hawaiians registered and voting is crucial in 2002. Vote thoughtfully and wisely. Hawaiians will influence the make up of the Executive and the Legislative branches of Hawaici state government for years to eome by exercising our self-determination and freedom to choose. Study the candidates, what they say AND how they act — their performance. VIeasure their character and values. Check campaign spending reports, now on the State website. Nlake our voices

heard, go to the polls Sept. 21 and Nov. 5, and exercise our rights. All but ten (10) elected offices are on the 2002 ballot including seats for: two U.S. Representatives for Hawai'i, one governor, one lieutenant governor, 25 state senators, 51 state representatives, nine Honolulu City Council members, nine Hawai"i County Council members, one VIaui VIayor, nine Maui eouneil members, one Kaua'i mayor, seven Kaua'i eouneil members, seven BOE members, five OHA Trustees (three At-large, one Maui, one O'ahu). Remember, Legislature 2003 follows the eleetions. The Office of Hawaiian Affaim, again, will lobby the Legislature seeking payment of the pro-rata share of public land trust revenues thatthe State is obligated to pay OHA, pursuant to statute and the Hawaici Constitution. Come with us to the legislature that we will help elect. The time is now to raise our beloved nation. Ho'oulu Lāhui Aloha U

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Haunani Apoliona, MSW ^^^^^^^^^ĒTrustee, At-large