Watland v. Lingle

85 P.3d 1079, 104 Haw. 128, 2004 Haw. LEXIS 198
CourtHawaii Supreme Court
DecidedMarch 19, 2004
Docket25487
StatusPublished
Cited by19 cases

This text of 85 P.3d 1079 (Watland v. Lingle) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watland v. Lingle, 85 P.3d 1079, 104 Haw. 128, 2004 Haw. LEXIS 198 (haw 2004).

Opinions

Opinion of the Court by

MOON, C.J.

This original proceeding concerns the interpretation of article XVII, sections 2 and 3 of the Hawaii Constitution, which set forth specific procedures governing the amendment and ratification of proposed constitutional amendments. The plaintiffs, forty-six residents and registered voters in the State of Hawaii, challenge the validity of a constitutional amendment authorizing the initiation of felony prosecutions by written information [hereinafter, the amendment], which was presented to and approved by a majority of voters in the November 5, 2002 general election [hereinafter, the general election]. The plaintiffs contend that: (1) the ratification process was procedurally invalid inasmuch as the State defendants1 [hereinafter, the defendants] failed to comply with requirements set forth in the Hawaii Constitution regarding publication and disclosure of the text of the amendment; and (2) the ratification process was fundamentally flawed (a) inasmuch as the defendants provided voters with misinformation regarding the amendment and (b) due to knowing misconduct by election officials. Inasmuch as the plaintiffs’ first contention has merit, we hold that the amendment was not validly ratified in accordance with the mandate of article XVII, sections 2 and 3 of the Hawaii Constitution. In light of this holding, it is unnecessary to address the plaintiffs’ second contention.

I. BACKGROUND

During the 2002 regular session of the Hawaii State Legislature, both houses of the legislature passed, by a requisite two-thirds vote, S.B. No. 996, H.D. 1, C.D. 1 [hereinafter, S.B. No. 996], which provides:

A Bill for an Act Proposing Amendments to Article I, Section 10, of the Hawaii Constitution.
Be It Enacted by the Legislature of the State ofHawaiH:
SECTION 1. The purpose of this Act is to propose an amendment to article I, section 10, of the Constitution of the State of Hawaii to permit prosecutors and the attorney general to initiate felony criminal charges by filing a written information signed by the prosecutor or the attorney general setting forth the charge in accordance with procedures and conditions to be provided by the state legislature.
SECTION 2. Article I, section 10, of the Constitution of the State of Hawaii is amended to read as follows:

“INDICTMENT; PRELIMINARY HEARING; INFORMATION; DOUBLE JEOPARDY; SELF-INCRIMINATION

Section 10. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury or upon a finding of probable cause after a preliminary hearing held as provided by law [T] or upon information in writing signed by a legal prosecuting officer under conditions and in accordance with procedures that the legislature may provide, except in cases arising in the armed forces when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy; nor shall any person be compelled in any criminal case to be a witness against oneself.”
SECTION 3. The question to be printed on the ballot shall be as follows:
“Shall Hawaii’s constitutional provision regarding the initiation of criminal charges be amended to permit criminal charges for felonies to be initiated by a legal prosecuting officer through the filing of a signed, written information setting forth the [131]*131charge in accordance with procedures and conditions to be provided by the state legislature?”
SECTION 4. Constitutional material to be repealed is bracketed. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawai'i.

According to Wendell Kimura, then-Acting Director of the State of Hawai'i Legislative Reference Bureau (LRB), the LRB prepared voter education material regarding the amendment in accordance with Hawai'i Revised Statutes (HRS) § ll-2(e) (Supp.2001).2 The LRB’s principal sources of information for the voter education material “were the bill [ (S.B. No. 996) ] itself, its accompanying Conference Committee Report No. 51-02, and testimony from persons who supported and opposed the bill’s adoption.”

On or about July 5, 2002 (within ninety days of the general election as required by HRS § 11—2(e)), Dwayne D. Yoshina, the Chief Election Officer for the State, received the LRB voter education material respecting the amendment. The Office of Elections reprinted the material prepared by the LRB, essentially verbatim, in a voter information pamphlet for distribution in connection with the general election [hereinafter, the voter information pamphlet]. The voter information pamphlet was titled: “Hawai'i Votes: Information on: Three Proposed Amendments to the Hawai'i State Constitution on your General Election Ballot on November 5th!” The voter information pamphlet included, inter alia, the actual ballot question regarding the amendment—which was to appear as Question No. 3 on the general election ballot—a “Background” section, an “Explanation of Proposed Amendment” section, and a “Pros and Cons” section. The voter information pamphlet did not include the text of the amendment.

On October 4, 2002, attorney Brook Hart called Yoshina to advise him of alleged inaccuracies relating to the amendment in the voter information pamphlet. In a letter dated October 14, 2002, Aaron Schulaner, deputy attorney general assigned to the Office of Elections, responded in relevant part:

The ballots and the informational materials have already been printed. Absentee voting has also already commenced. We have reviewed your concerns but believe the materials can be defended as written.

According to Yoshina, the voter information pamphlet was mailed to every registered voter household in the State of Hawai'i on October 11 and 15, 2002.3 Additionally, the LRB voter education material was formatted as a public notice advertisement by the Office of Elections and published in the Honolulu Advertiser and Honolulu Star Bulletin on October 13, 20, and 27, and November 3, 2002, the four consecutive Sundays preceding the general election.

We take judicial notice of appeal No. 25410, 2002 WL 31497546, relating to Watland v. Yoshina, Civ. No. 02-1-2485-10, filed in the Circuit Court of the First Circuit on October 23, 2002 [hereinafter, the circuit court suit].4 In the circuit court suit, plain[132]*132tiffs Watland and Schneider sought a declaratory judgment that, inter alia, (1) Yoshina and Kimura had failed to follow the procedures in the Hawai'i Constitution, article XVII, sections 2 and 3 regarding publication and disclosure of the amendment, and (2) the LRB voter education material regarding the amendment was factually incorrect, misleading, and prevented an informed and deliberate vote by the plaintiffs and the electorate. Watland and Schneider also sought to enjoin Yoshina, inter alia,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cordery v. Ige
Hawaii Supreme Court, 2023
Kalaeloa Ventures, LLC v. City and County of Honolulu.
424 P.3d 458 (Hawaii Supreme Court, 2018)
McDermott v. Ige
349 P.3d 382 (Hawaii Supreme Court, 2015)
State v. Taylor
269 P.3d 740 (Hawaii Supreme Court, 2011)
Everson v. State
228 P.3d 282 (Hawaii Supreme Court, 2010)
Clark v. Arakaki
191 P.3d 176 (Hawaii Supreme Court, 2008)
Kahoohanohano v. State
162 P.3d 696 (Hawaii Supreme Court, 2007)
Nevadans for Nevada v. Beers
142 P.3d 339 (Nevada Supreme Court, 2006)
Kelly v. 1250 Oceanside Partners
140 P.3d 985 (Hawaii Supreme Court, 2006)
Taomae v. Lingle
118 P.3d 1188 (Hawaii Supreme Court, 2005)
Watland v. Lingle
85 P.3d 1079 (Hawaii Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
85 P.3d 1079, 104 Haw. 128, 2004 Haw. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watland-v-lingle-haw-2004.