On October 20, 2009, the Hawaii Supreme Court held that in order to register as a voter, a person must have a fixed habitation in the district in which he is attempting to register, as well as a “physical presence” there. The appeal concerned whether the State Board of Registration (County of Maui) correctly concluded that a Maui County councilperson who registered to vote as a Lanai resident is actually a resident of Maui. The unanimous court, in an opinion by Justice Mark Reckenwald, affirmed.
Damon Key attorneys Ken Kupchak, Robert Thomas, and Christi-Anne Kudo Chock represented the Lanai voter who prevailed in the appeal.
The court’s opinion is available here. Dupree v. Hiraga, No. 29646 (Haw., Oct. 20, 2009).
More about the case here.
