Court denies Hawaiian election opponents’ contempt motion

HONOLULU — The U.S. Supreme Court has denied a motion for contempt brought by opponents of a now-canceled election who wanted to stop Native Hawaiians from gathering to discuss self-governance.

“We are pleased with the court’s decision and grateful that we may continue on our path to the aha,” Nai Aupuni President Kuhio Asam said in a statement, using the Hawaiian word that can mean gathering, meeting or convention.

Nai Aupuni was created to guide the election process to select 40 delegates who would meet at a convention to come up with a self-governance document. But a group of Hawaiians and non-Hawaiians sued to stop the election, arguing the race-based election is unconstitutional.

The Supreme Court issued an injunction last month that prevented votes from being counted. Saying the legal battle would take years to resolve, Nai Aupuni then called off the election and invited all 196 candidates to participate in a gathering scheduled for next month.

More than 150 people accepted the invitation.

The opponents filed their contempt motion, arguing that moving forward with the gathering flouted the injunction. Their lawsuit is still pending before the 9th U.S. Circuit Court of Appeals.

The plaintiffs include two non-Hawaiians who aren’t eligible for a roll of Native Hawaiians interested in participating in their own government, two Native Hawaiians who say their names appear on the roll without their consent and two Native Hawaiians who don’t agree with a declaration to “affirm the un-relinquished sovereignty of the Native Hawaiian people, and my intent to participate in the process of self-determination.”

Their lawsuit argues that the state’s Office of Hawaiian Affairs is inappropriately involved.

“Regardless of what happens in the courts, this case has successfully exposed the agenda of the Office of Hawaiian Affairs, Nai Aupuni and the state when it comes to their nation-building scheme,” said a statement from Kelii Akina, one of the Native Hawaiian plaintiffs. “They do not truly represent the people they purport to speak for.”