Citizens for Equitable & Responsible Government v. County of Hawai'i

Dissenting Opinion by

NAKAYAMA, J.,

in which MOON, C.J., Joins.

I write to emphasize that, in contrast to the majority’s opinion, Riley v. Baxter County Election Commission, 311 Ark. 273, 843 S.W.2d 831 (Ark.1992), in no way supports the conclusion that the 2001 County of Ha-wai'i Reapportionment Commission (Commission) followed a “rational” redistrieting policy that justifies what is otherwise an unconstitutional redistrieting plan.

Riley is clearly distinguishable. At issue in that case was a county redistrieting plan drawn by the election commission of Baxter County, Arkansas. Having relied on…