Monday, October 3, 2022
Hawai'i Free Press

Current Articles | Archives

Wednesday, July 15, 2015
'Aha Ambush: 'Notice of Election' for Fake Indian Tribe to be Mailed out Today
By Andrew Walden @ 7:45 PM :: 7014 Views :: Akaka Bill, OHA

by Andrew Walden

It could be the most significant change in Hawaii since statehood.  Three-quarters of native Hawaiians are effectively excluded from the process--as are all non-Hawaiians.  Included: Lots of incarcerated prisoners, dead people, and people living on the mainland. 

A contract quietly signed June 18, 2015 and posted on the website of OHA contractor Na'i Aupuni outlines a timeline for candidate registration and voting for an 'aha or convention designed to force native Hawaiians into a fake Indian tribe.

According to the text of Na'i Aupuni contract with "Election-America, Inc" a "mail or email Notice of Election" with candidate registration information is to be sent out to the "known electorate" of approximately 100,000 persons today -- Wednesday, July 15, 2015.   The "known electorate" consists of "Kanaiolowalu, a project of the Native Hawaiian Roll Commission...as well as the combination of previous registries using a verification process with the criteria set forth in Act 195, as amended."  Excluded are the roughly three-quarters of native Hawaiians who have not participated in the Roll.

UPDATE July 21: a Nai Aupuni representative informs Hawai'i Free Press that Election-America has still not mailed out the 'Notice of Election'.

The NHRC website claims Kanaiolowalu includes over 122,785 names.  It is not clear what happened to the missing 22,785.  An October 16, 2013 report to the OHA Committee on Asset and Resource Management shows 25% of names on the now-combined Roll are "without any contact information" boosting the report's estimate of "bad contacts" on the Roll to 45%. (ARM #13-09 last page)  An estimated 20% are minors who are to be excluded from voting under Na'i Aupuni's rules.  Others point out that the Roll is laden with prisoners and dead people

New York-based "Election-America, Inc" describes itself as a "full-service election management organization...in the business of perfection" -- But it has been very careful to include language blaming Na'i Aupuni for any problem with the Roll.  Clause 11-B of the contract reads:

"E-A assumes no responsibility for the accuracy of information provided to it by client, including but not limited to, any membership database, names, addresses, member identification numbers and the like."

The US Constitution says only Congress can recognize Indian tribes, but according to Sen. Brian Schatz, the rush is on to present a fake Hawaiian Indian Tribe to the Obama Administration for (illegal, administrative) recognition before Obama's term ends.  Said Schatz: "we’re hoping the Department of the Interior will proceed with good pace.”  But DoI will need something that looks like a tribal government to 'recognize'.

An 'election timeline' included within the Election-America contract includes:

  • E-A will mail or email Notice of Election to known electorate July 15, 2015
  • Deadline for submitting Delegate Candidate Applications September 15, 2015
  • Deadline for E-A to determine eligibility of Delegate Candidates September 30, 2015
  • Deadline for additions to electorate October 15, 2015
  • Ballots mailed and/or emailed to known electorate November 1, 2015
  • Deadline for ballots to be received December 1, 2015

The term of the contact runs from June 18, 2015 until December 31, 2015.  Payments totaling $177,208 are scheduled as follows:

  • I. $9,400.80 upon signing of this Election Services Agreement. (June 18, 2015.)
  • II. $69,802.40 for Candidate Registration Services due on Client's Mail Date of printed materials. (July 15, 2015)
  • Ill. $69,802.40 for Voting Services due on Client's Mail Date of printed materials. (November 1, 2015)
  • IV. $28,202.40 plus all fees and costs incurred with all Election Change Orders due on Client's Tabulation/Results date. (After December 1, 2015)

According to the contract, Na'i Aupuni has decided that 40 delegates will be elected for the tribal 'Aha, apportioned as follows:

  • O'ahu- 20 delegates
  • Hawai'i- 7 delegates
  • Maui- 3 delegates
  • Kaua'i- 2 delegates
  • Moloka'i & Lana'i- combined 1 delegate
  • Outside of the State of Hawaii- combined 7 delegates

The legality of participation by non-Hawaii residents in a State of Hawaii election is doubtful.  Also it is not clear that Ni'ihau is to be included with Kaua'i. 

The State of Hawaii, Office of Hawaiian Affairs on April 27, 2015 contracted with Na'i Aupuni, a collection of political cronies, overseen by the Akamai Foundation.  Now Na'i Aupuni is contracting with Election-America to organize an election based on the Kanaiolowalu Roll instead of the statewide roll of Hawaii registered voters which is the only legal basis for State-organized elections in Hawaii.

The three contractors may have been selected without open public bidding--possibly in violation of Hawaii state procurement laws.

The Election-America website indicates E-A provides election services mostly for private membership organizations.  OHA, by contracting with Na'i Aupuni, is attempting to mask the fact that the 'Aha is illegally being organized via a State of Hawaii election. 

A copy of the Rice v Cayetano decision is posted on the Na'i Aupuni website alongside Act 195 and HRS Section 10-H.  This is interesting because clause nine of the Contract reads:

"Client (Na'i Aupuni) warrants to E-A that Client has provided E-A with true, correct and complete copies of all internal and external rules, laws, regulations, bylaws, directives, statutes and ordinances which may affect each Election. Client further warrants that each Election as provided for herein is in compliance therewith."

The contract is a perfectly obvious violation of the Rice v Cayetano prohibition Hawaii from organizing racially exclusive elections.  The candidate selection process is a perfectly obvious violation of the court ruling in Arakakai v Hawaii which forbids racially exclusive.  The contract is also a violation of the Hawaii State Constitution Article IV, Section 3 which provides that State voter rolls and State elections shall be overseen by the State Chief Elections Officer, not by a contractor hired by a contractor hired by OHA.

Is Na'i Aupuni attempting to indemnify itself by posting Rice v Cayetano on its website?

---30---

Background:

Contracts:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Life Alliance

Hawaii March for Life 

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT