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  [HI] Reapportionment heading to court
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Last Editedkarin1492  Dec 17, 2012 09:53pm
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News DateTuesday, December 18, 2012 03:00:00 AM UTC0:0
DescriptionA lawsuit over the 2011 drawing of political boundaries that resulted in Hawaii Island getting a fourth state senator will be heard next month in U.S. District Court.

The lawsuit, filed by an Oahu group that includes three veterans and state Rep. K. Mark Takai, contends the state Reapportionment Commission violated the Equal Protection Clause of the 14th Amendment of the U.S. Constitution when it removed nonresident military and students from population counts that determined district lines.

A three-judge federal panel is scheduled to hear motions from the plaintiffs and the state at 10 a.m. Jan. 14 in Honolulu. Each side wants the court to rule for its side based on its arguments about the agreed-upon facts and law without having the case go to trial.

Although it’s too late to affect state legislative districts that were voted on last month, if his lawsuit is successful, the court could require the state to redraw the boundaries before the 2016 elections, said Honolulu attorney Robert Thomas, who represents the plaintiffs.

“The federal court has broad powers to require a redo, with or without court supervision,” Thomas said Wednesday.

If the Oahu group prevails at the federal level, the Big Island could lose the seat to the more populous Oahu.
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