The election process that would have sent delegates to a February constitutional convention intended as a step toward Native Hawaiian self-governance has been canceled in the wake of a U.S. Supreme Court decision.
The election process that would have sent delegates to a February constitutional convention intended as a step toward Native Hawaiian self-governance has been canceled in the wake of a U.S. Supreme Court decision.
Na‘i Aupuni, the election’s organizing body, announced Tuesday that the convention, or aha, will still take place, with all 196 delegate candidates invited to attend. Originally, 40 elected delegates were to participate.
Ballots for the election will no longer be received and those that have will be sealed.
The aha will be in Kailua, Oahu, and facilitated by The Mediation Center of the Pacific. Its duration also was changed from eight weeks to four weeks.
The goal, according to a statement from Na‘i Aupuni president Kuhio Asam, remains the same: creating a path for Native Hawaiians to “gather and have a much-needed discussion about self-governance.”
“We anticipated that the path would have twists and turns and even some significant obstacles, but we are committed to getting to the aha where this long-overdue discussion can take place,” Asam said.
Earlier this month, the Supreme Court blocked votes from being counted in the election, which began in November. The decision granted an injunction to a group that argued Hawaii residents without Native Hawaiian ancestry were being denied constitutional rights by being excluded from the election.
“Clearly, our lawsuit has brought an end to a discriminatory election,” Keli‘i Akina, one of the plaintiffs in the case and president of the Honolulu-based Grassroot Institute, said in a statement issued Tuesday.
In bypassing the election, he said, “Na‘i Aupuni is undercutting its own efforts to even look like a democratic process.”
The plaintiff group is comprised of Native Hawaiians and non-Hawaiians. Their case is currently before the 9th U.S. Circuit Court of Appeals, after a U.S. district court in October ruled that the election was a private one and could proceed.
“I think Na‘i Aupuni made a very good decision to terminate (the election) because this law case may take years to come to a conclusion,” said Fred Cachola Jr. of Hawi, one of 32 Big Island residents who were running for seven delegate seats.
In that time, he said, momentum for self-governance would be lost.
“Time lost, enthusiasm lost — the feeling of Hawaiians not being able to determine a government for themselves,” Cachola said. “I think this gives us an opportunity.”
Delegate candidates were notified of the changes via email.
Candidate Kaipo Dye of Kurtistown said the decision to terminate the election process was unusual and that he was still considering its implications. His primary concern, he said, was “just representing the best interests now and for generations to come.”
Delegate candidate Lei Kihoi, who also is a Big Island representative on the Native Hawaiian Roll Commission, thought that moving forward with the aha was a great idea.
“From my perspective, I feel that this is a private election and … it’s like any entity that’s private, and (Native Hawaiians) should have the right to assemble,” Kihoi said.
She said it was “highly probable” that she would attend the aha.
Because of the dramatic increase in the number of delegates, the amount of stipend support provided to candidates attending decreased. Neighbor Island delegates will receive $200 per day, but Na‘i Aupuni does not provide support for transportation or lodging.
“Because of the logistics and the timing, I wonder how many of (the delegates) will actually attend,” Cachola said.
The Na‘i Aupuni website states that the election was funded by money provided by the Office of Hawaiian Affairs through an Akamai Foundation grant. The grant agreement states OHA will not control or affect Na‘i Aupuni’s decisions.
OHA learned about the changes “along with the rest of the community,” according to the site.
The Associated Press contributed to this report.
Email Ivy Ashe at iashe@hawaiitribune-herald.com.