[ARTICLE XV.--1870]

 

     Section 1.  The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

 

Law Journals and Reviews

 

  To Dwell on the Earth in Unity:  Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai`i.  V HBJ No. 13, at pg. 15.

  The California Civil Rights Initiative:  Why It's Here, Its Far Reaching Effects, and the Unique Situation in Hawai`i.  22 UH L. Rev. 279.

  Matters of Trust:  Unanswered Questions After Rice v. Cayetano.  23 UH L. Rev. 363.

  The Akaka Bill:  The Native Hawaiians' Race For Federal Recognition.  23 UH L. Rev. 857.

  Akaka Bill:  Native Hawaiians, Legal Realities, and Politics as Usual.  24 UH L. Rev. 693.

  Doe v. Kamehameha Schools:  A "Discrete and Insular Minority" in Hawai`i Seventy Years After Carolene Products?  30 UH L. Rev. 295.

  Ke Kanawai Mamalahoe:  Equality in Our Splintered Profession.  33 UH L. Rev. 249 (2010).

  Exclusive Democracy:  Contemporary Voter Discrimination and the Constitutionality of Prophylactic Congressional Legislation.  37 UH L. Rev. 535 (2015).

  (Re)Righting History:  Deconstructing the Court's Narrative of Hawai`i's Past.  39 UH L. Rev. 631 (2017).

 

Case Notes

 

  State's electoral restriction enacted a race-based voting qualification; Hawaii's denial of petitioner's right to vote, where petitioner was not a "Hawaiian", was a clear violation of the Fifteenth Amendment.  528 U.S. 495.

  Limitation of eligibility to be a candidate for office of Hawaiian affairs trustee to Hawaiians invalid under the Fifteenth Amendment and §2 of the Voting Rights Act.  314 F.3d 1091.

  Absentee voting; when violative of right to vote.  623 F. Supp. 657.

  Where plaintiffs filed motion for preliminary injunction regarding Act 359 of 1993 Hawaii legislature (relating to Hawaiian sovereignty), as amended in 1994 and 1996, plaintiffs not likely to prevail on constitutional claims under Fourteenth and Fifteenth Amendments, articles I, §5 and II, §1 of Hawaii constitution, or Voting Rights Act with regards to native Hawaiian vote.  941 F. Supp. 1529.

  Nonprofit corporation's election of native Hawaiian delegates to a convention of native Hawaiians to discuss, and possibly organize, a native Hawaiian governing entity was a private, rather than public, election and would not result in any change in federal or state laws or obligations.  Thus, this Amendment or the Voting Rights Act was not implicated.  Even if a constitution was ratified, the resulting native Hawaiian self-governing entity would have no official legal status unless it was otherwise recognized by the state or federal government.  141 F. Supp. 3d 1106 (2015).