Petition to Support Reform of OHA's election
Petition Written By: Kau'i Pratt-Aquino, an OHA beneficiary
The Pono Leadership Now group is a grassroots effort that was formed in 2016 at a time when leadership at OHA was imploding. We advocated for the reorganization of the board and the removal of contentious trustees to stabilize an agency that plays such an important role in Hawai'i. We are committed to this effort and will continue to do our part to ensure that Hawaiian beneficiaries are served effectively and with the highest regard. The following statement aligns with our effort to call for stronger and more equitable leadership. We respectfully ask that you help us reform OHA elections. Mahalo!
Legislative Testimony
SB 728 Relating to the Office of Hawaiian Affairs
SB 729 Relating to the Office of Hawaiian Affairs
SB 730 Relating to the Office of Hawaiian Affairs
SB 681 Relating to Term Limits
SB 1295 Relating to the Office of Hawaiian Affairs Elections
I strongly support the intent of measures SB 728, SB 729, SB 730, SB 681, and SB 1295 that would reform OHA elections. OHA elections have been subject to much controversy over the years in large part, due to the ruling in Rice v. Cayetano (2000) by the United States Supreme Court that opened elections up to all voters in the State of Hawaiʻi. Prior to the Rice ruling, OHA elections were open only to registered Native Hawaiian voters. As a result of Rice, a string of lawsuits aimed at dismantling Native Hawaiian programs ensued. OHA and the Native Hawaiian community were forced into the reactionary role of defending dozens of programs that serve both the Native Hawaiian community and the community at-large, many of which are the legacies left by Aliʻi of the Hawaiian Kingdom for the Native Hawaiian people. The ripple effects of the controversy and legal challenges associated with OHA elections have been severe, damaging, and has lasted for decades now.
The controversies surrounding the OHA Board of Trustees and the organization has been an ongoing problem over the years and much of that stems from the election process. These bills are aimed at reforming OHA’s elections so that voters are provided a more fair and democratic process by which to hold the trustees and organization more accountable.
In 2013, the state legislature passed Act 287 that provided for a primary election for OHA races. That measure has had a significant impact on OHA elections since that time. By installing a primary race in the process, the legislature effectively took step towards creating a more fair, equitable, and democratic process for OHA elections. At its most foundational level, the primary race has provided the community/voters the opportunity to engage and learn more about candidates and the impact has been profound.
However, the primary was just one step. There is more that needs to be done to empower voters to have a greater voice in helping OHA achieve its full potential. These bills address public funding inequities in OHA races, would creat term-limits for trustees, would remove advantages that some candidates may have in terms of the alphabetical listing of names on ballots, and address longstanding and inquitable flaws in the “At-Large” races. I humbly request that this committee move these measures forward and consider consolidating the measures into one comprehensive OHA Election Reform bill to allow for continued dialogue on these matters.
Mahalo for the opportunity to testify on this measure.