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Recent Personal Injury and Car Accident News and Cases related to Hawaii

Congressional grants of tort immunity obtained by big business through political contributions and lobbying are finally hitting some limits. In 2005 the rental car industry managed to get immunity for harm caused by their vehicles, known as the "Graves Amendment", passed as an amendment snuck into a 900-page transportation appropriations bill without review from the relevant congressional committees. On September 14, 2007 the U.S. District Court for the Southern District of Florida declared the Graves Amendment providing tort immunity to the rental car industry to be unconstitutional. The Court reasoned that federal grants of immunity for businesses traditionally regulated at the state level constitute an overreaching of Congress' power under the Commerce Clause. Vanguard Car Rental v. Huchon, Civ. Case No. 06-10082, (USDC So.Dist. Fl. 2007)

 

 


THE CONSTITUTION OF THE STATE OF HAWAII

ARTICLE II - SUFFRAGE AND ELECTIONS


INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII

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THE CONSTITUTION OF THE STATE OF HAWAII

As Amended and in Force January 1, 2000

ARTICLE II

SUFFRAGE AND ELECTIONS

QUALIFICATIONS

Section 1. Every citizen of the United States who shall have attained the age of eighteen years, have been a resident of this State not less than one year next preceding the election and be a voter registered as provided by law, shall be qualified to vote in any state or local election. [Am Const Con 1968 and election Nov 5, 1968; am SB 41 (1971) and election Nov 7, 1972; am Const Con 1978 and election Nov 7, 1978]

DISQUALIFICATION

Section 2. No person who is non compos mentis shall be qualified to vote. No person convicted of a felony shall be qualified to vote except upon the person's final discharge or earlier as provided by law. [Am Const Con 1968 and election Nov 5, 1968; am Const Con 1978 and election Nov 7, 1978]

RESIDENCE

Section 3. No person shall be deemed to have gained or lost residence simply because of the person's presence or absence while employed in the service of the United States, or while engaged in navigation or while a student at any institution of learning. [Am Const Con 1978 and election Nov 7, 1978]

REGISTRATION; VOTING

Section 4. The legislature shall provide for the registration of voters and for absentee voting and shall prescribe the method of voting at all elections. Secrecy of voting shall be preserved; provided that no person shall be required to declare a party preference or nonpartisanship as a condition of voting in any primary or special primary election. Secrecy of voting and choice of political party affiliation or nonpartisanship shall be preserved. [Am Const Con 1978 and election Nov 7, 1978]

CAMPAIGN FUND, SPENDING LIMIT

Section 5. The legislature shall establish a campaign fund to be used for partial public financing of campaigns for public offices of the State and its political subdivisions, as provided by law. The legislature shall provide a limit on the campaign spending of candidates. [Add Const Con 1978 and election Nov 7, 1978]

CAMPAIGN CONTRIBUTIONS LIMITS

Section 6. Limitations on campaign contributions to any political candidate, or authorized political campaign organization for such candidate, for any elective office within the State shall be provided by law. [Add Const Con 1978 and election Nov 7, 1978]

RESIGNATION FROM PUBLIC OFFICE

Section 7. Any elected public officer shall resign from that office before being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held. [Add Const Con 1978 and election Nov 7, 1978]

GENERAL, SPECIAL AND PRIMARY ELECTIONS

Section 8. General elections shall be held on the first Tuesday after the first Monday in November in all even-numbered years. Special and primary elections may be held as provided by law; provided that in no case shall any primary election precede a general election by less than forty-five days. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]

PRESIDENTIAL PREFERENCE PRIMARY

Section 9. A presidential preference primary may be held as provided by law. [Add Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]

CONTESTED ELECTIONS

Section 10. Contested elections shall be determined by a court of competent jurisdiction in such manner as shall be provided by law. [Part of §5, ren Const Con 1968 and election Nov 5, 1968; ren Const Con 1978 and election Nov 7, 1978]

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