Senate Standing Committee on Judiciary

Good morning, everyone. Welcome to the Judiciary Committee hearing this Friday morning, April 10, and we're here in Room 016. This is a governor this is an appointee's nominees, governor's message agenda. If we have a wild technical failure, on the Zoom side, we'll try again a week from now, April 17 at 10AM here in Room 016, and hopefully it won't be raining. So a two minute time limit on testimony for those in person and on Zoom.

And on Zoom, you won't be able to your your audio will be muted and your video black blanked out until it's your turn. So first up on our 10:00 agenda is governor's message 572, submitting for consideration confirmation on the status of women gubernatorial nominee, Kerasten Walker for attorney to expire 06/30/2026. First up on GM 572 is Yasmin Cheney for the Hawaii State Commission on on the status of woman women.

I'm meeting them right now, chair.

Well, she's on Zoom?

She's coming in right now. Zoom.

Will you be able to call them again, chair?

Yasmin Cheney for the Hawaii State Connection on the Status of Women. Good morning.

Oh, good morning. So sorry. I just got the link. Yasmin Chaney from the Hawaii State Commission on the Status of Women. I stand on our written testimony in support of the governor's nomination of Kirsten Walker to be our new commissioner from Oahu.

Kiki and I have worked a little bit this past year, and it's been a real pleasure. She's motivated and diligent, and I'm really looking forward to being able to collaborate with her few in the future. So thank you so much for your consideration and support.

Thank you very much. Next up is Michael Golojuch junior for the, testifying for Hawaii State LGBTQ plus commission. Good morning.

Good morning. Happy aloha Friday. Michael Golojuch junior, he, him pronouns. I am vice chair of the Hawaii State LGBTQ plus commission. We stand in full support of Kiki's nomination to the Hawaii State Commission on Status of Women.

We know that she has done great things and will continue to do great things, and Hawaii is lucky to have her to serve in this capacity. So we encourage you to support her nomination and see her through. Mahalo for the opportunity to testify.

Thank you very much. Next is Kealoha. I Kealoha Iwa Wilkerson for Salted Logic in support. And then there's a a list of individuals all in support. Total 19 in support, zero post, and zero comments.

Did I miss somebody? On Oh, I'm sorry. Sergio Acuba Acobiola. Sorry.

Is there anyone else here or on

Just wanted to hang up.

Good morning.

Good morning, Senator. Chair, vice chair, my name is Sergio Alcobello. I'm here in my individual capacity. I just wanted to offer in person testimony in support of Kiki Walker's confirmation for the Hawaii status on the commission of women. We just came out of a press conference, asking for accountability on the Epstein files, on the on the Epstein Act.

And, you know, it's to me just even more apparent why someone of Kiki's quality, is much needed on the on the commission. I'm really grateful that we do have something here in Hawaii, for the commission on the status of women. It's very much needed, and especially in these times. And, you know, as a father to a 14 year old girl, I'm grateful to have someone of Kiki's caliber on this commission, and thank you again for considering her nomination.

Thank you. Thanks for being here. Braving the rain. Anyone else like to testify in GM five seventy two, either here or in person?

That's the nominee.

That's the nominee. Okay. Seeing members seeing none of the members, any questions for mister Cool before he leaves? I guess not. Okay.

Alright. Miss Walker, would you like to make an opening statement? Go ahead. Morning.

Good morning. Thank you so much for for the testimony time, and the opportunity to speak. So aloha, chair Rhoads, vice chair Gabbard, and distinguished members of the committee. My name is Kiki Walker, and I am deeply honored to be considered for a seat on the commission on the status of women. I come before you today as a dedicated community advocate with nearly a decade of experience serving the people of Hawaii.

My work is driven by the fundamental belief that a safer and more equitable Hawaii is the only trip only truly possible when we center our efforts on those who have been pushed to the margins of our society. For many years, my professional and personal life has existed at the vital intersections of justice, care, and community led initiatives. This path has been deeply informed by my lived experiences and the wisdom of those I have served in the community.

Working alongside women, gender diverse individuals, and folks navigating the complex challenges of homelessness, domestic violence, and substance use, I have seen the true meaning of community. These experiences have taught me our connections to each other are the cornerstone of resilience.

I have witnessed this immense strength firsthand through my volunteer street based outreach with Swap Hawaii, where we meet people exactly where they're at. This coming June, I will further my commitment to to building deep pilina with our community by leading a creative writing project at the Women's Community Correctional Center. My primary goal on this commission is to advocate for just policies and and ensure that the voices currently missing from the table are heard and respected.

As I progress through my graduate studies to prepare for law school, my focus remains steadfast. I am committed to ensuring the reproductive and gender diverse health care, securing rights for criminal criminalized communities, and building the lasting infrastructure necessary to end violence against all women and girls on our islands.

I'm eager to leverage my extensive community experience to serve this commission and support its goals. Thank you.

Thank you very much. Members, any questions? I can start out. So in your observation, what what is the commission on the status of women done well in the past, and what do you think they what what the the commission can improve on in the future?

I mean, in my position, I feel like the commission on the status of women has done a really great job at supporting community initiatives, that overall support the wellness for women and girls, working alongside community nonprofits like DVAC and other supportive services, I think is something they've done really well. I've also seen their work around studies around violence and things that are affecting women and girls in the community. I think a continuation of those types of studies.

I know the Hawaii abortion coalition, and some of the other boards that they're working on are trying to get that information. I think continuing to provide just those statistics will help us further be able to support legislation that's gonna be able to bring our community to a safer space.

In addition to that, I think just being involved and and uplifting initiatives led by and for women in the community is is something that they should prioritize and have done in the past.

Good. Thank you. Members, other questions? Alright. Thank you very much for being here, and we will move on to the next item on the agenda, which is GM 685.

This is submitting for consideration and confirmation for registration of the Island Of Oahu gubernatorial nominee Aria Castillo for term to expire 06/30/2030. First up on GM685 is Anne Free for the White Democratic Party Women's Caucus. In support, Bevin Parker-Evans for Women's Caucus Democratic Party in support. Chris Caulfield in person or maybe on Zoom.

Not present, chair.

Michael Golojuch Junior.

Good morning again. Michael Goya junior. He/Him pronouns. I'm here in my personal capacity to advocate for, Aria. I've known Aria for many years.

She I Hawaii is lucky to have her to step forward to do this, uncompensated work volunteering for the state. She is very busy, so it's I was a I was really surprised that she was willing to do this, volunteer work for the state. We are lucky to have her. So I encourage everybody to support her nomination and pass her through. And I'm available for any questions.

Mahalo.

Thank you. Next is Gregory Masakian, also on Zoom.

Not present, chair.

In support. That's everyone who signed up for this measure. There's a number of individuals in support. The total count is 24 in support, zero opposed, zero comments. Members, any questions for the testifiers to this point?

Okay. Seeing none, let's see. Is the nominee here, Aria Castillo? Oh, yeah. There you are.

Good morning, and you're welcome to make an opening statement.

Aloha. Thank you so much. My name is Aria Juliet Castillo. I'm honored to be here today for consideration to serve on the board of registration. I was born and raised in Kauai.

I went to college in Los Angeles, came back home in 2012. After moving back, I became involved in local politics, advocating for county council issues and volunteering on mayoral and state legislative campaigns. Through that work, I quickly fell in love with civic engagement, but also saw firsthand how confusing and inaccessible the process was for so many people, especially my peers.

I would talk to them and find out that they were so concerned about their future, but were unsure about how to participate and felt like their voices weren't really being heard or reflected in decision making. That experience really shaped my commitment to demystifying the political process and helping people understand that their participation actually matters and the barrier to entry is really low just after you get over a couple of hurdles.

I'm a founding board member of Hawaii Lines for Progressive Action, where I now serve as the reclaiming democracy program director. About ten years ago, we launched a program called Kulean Academy, a leadership development program that I continue to run today. It focuses on helping everyday people engage in the political process, encourages them to step up and run for office as well. Before that, I organized some grassroots voter registration drives. I spent time at farmer's markets, concerts, political marches, helping register people to vote.

I learned all this from my mother who previously worked at the office of elections doing voter registration drives. Through that work, I developed a very strong understanding of the voter registration requirements, residency rules, what a self affirming affidavit means, and the importance of handling substantive information. Since moving to Oahu in 2016, I continued my involvement and got a little bit more involved with the Democratic Party of Hawaii.

I've worked on membership and voter records, furthering and strengthening my understanding of precincts, districts, you know, residential address versus a mailing address and the other nuances that come with voter data and understanding like what you're registered to vote means. In my current role at HAPA, I focus on a lot of good government initiatives, expanding voter access, supporting automatic voter registration, strengthening campaign finance laws, and improving our publicly financed system.

At the core of this work, it's a simple goal, ensuring that our democracy is accessible, fair, and responsive to the people. I chose to apply for the board of registration because I've seen how vacancies can stall essential processes. Even if challenges are rare, when they do arise, they should be handled and addressed very quickly, especially given our tight timelines around elections.

I believe that my background in voter engagement, my experience handling this kind of information and commitment to fair and impartial decision making makes me perfect suited for this role. Thank you for the opportunity to be considered and happy to answer any questions.

Thank you very much. Members questions? Well, there's a couple of questions I have. So the the the statute that that covers boards of registration, they don't they don't require nonpartisanship, which is different than the office of elections where you're not supposed to be part partisan. So the question I have is I'll give you a couple hypotheticals.

So say there's a someone who is likely to be a Republican who there's a question about whether they were standing in line by the time the polls closed. Are you even even if it's to your even if even if you're in your partisan hat, you would prefer that that person not vote.

Are are you willing to follow the law and or do you commit to following the law and be fair about people getting their right to vote even if you don't approve or think that there's that that voting in person is as important as they do?

I would absolutely fight for the right to vote. I would advocate that even if a elections official sees someone coming out of their car and running up to the ballot box at 07:00, that that person should be considered in line. I think it's really important to make sure that every single person has the opportunity to vote, whether it's in person or vote by mail.

I've been pretty adamant about expanding our options for in person voting and strengthening and supporting our online voter, our mailing voting options as well, and just because someone is, appears to be Republican, there's no voter data, in the registration that would say that as a fact, and party membership rules are private, so I wouldn't have access to that information anyway. And, you know, besides party politics, Hawaii elections are broad and nonpartisan many of the time, so absolutely support their right to vote.

Okay. So the flip question is, we have a we have a a law that says you have that your mail in ballot has to arrive by by the day of the the election, and which is kind of not really a the election's a month long these days, but the the act the last election day. If you got one that was clearly late, would you disqualify it?

What do you mean, I would receive it as clearly late? That it arrived in the The the

the argument was about whether it had arrived on the you know, if it arrived at, 12:01AM the next day somehow. I forget exactly what the deadline is. I think it's I think it's actually 7PM for the for the ballots too. So if it came if it arrived at 07:03pm, would you disqualify it as being I'm not sure what the rule is. But

Yeah. So for those examples, if it was dropped off in the ballot box at 07:03pm, I trust that the office of elections is, like, closing those boxes off for access at 07:00. If by any chance they hadn't closed that off, that would be a little bit concerning to me that they allowed it to be open and then leave in question if that ballot was validated.

But, also, I'm not sure how we would prove that if it was dropped off in a ballot box location that isn't manned and didn't have any surveillance on it. So that would definitely be a little bit harder to judge whether the validity of that training is that they're dropping it off at 07:03 and what actually happened.

Oh, I think that I mean, it's it's a challenge. It would be a challenge. It would be, you know, this this ballot is not valid because it was dropped off too Would you if if the evidence indicated that it was dropped off too late, you would you what would you do?

Then it's not valid.

Okay. That's fine.

If there was straight evidence that that actually happened. Yes.

Okay. Understood. Alright, members. Other questions? Yeah.

That's center same way. I'm sure. Go ahead.

So I admire your activism in HAPA, and my concern is this is an election year. And if you are confirmed, do you feel that you are going to need to be silenced in order to silence your activism for HAPA candidates in the event that you get confirmed just because I expect that the election, no matter what the results are, are gonna be challenged just because of the high, partisanship that is occurring in our country. So

Thank you for asking that. I just wanna clarify. HAPA is a 501 C3 organization. We don't support, endorse, or financially offer any money to any candidates. We're certainly an educational purpose only, organization.

So our work with candidates ends before they even sign up and register to become candidates. And, I don't offer any personal support or HAPA either, for any candidates at all.

Okay. So you don't think that you need to to silence any kind of activism because you're saying that HAPA is not active because during this election year.

Yeah. We don't endorse candidates. So we are not supporting candidates. We don't send out endorsement lists. We don't promote any candidates in our mailings or anything like that.

Even though the Kuleana Academy trains candidates?

Yep. It's open to anyone to participate. We don't have any, you know, litmus tests. We don't have any partisan requirements. We're nonpartisan, so we don't talk about party politics, and that information is not something that we would judge anyone for.

Okay. Thank you.

Okay. Thank you. Other questions? Alright. Thank you very much.

We'll go ahead and move on to the next GM, which is GM 686, submitting for reconsideration and confirmation board of registration of the Island Of Hawaii gubernatorial nominee, Jonathan Simons, for term to expire 06/30/2030. First up on GM 686 is Jeanette Gurren in support, Miley LaVeya Maloia in support, Jackie Keith in support, Deandre Maca Coca in support. Danaya and Moran in support. Aria and Juliet Castillo. Castillo on Zoom, you're still here.

Morning again.

To give a strong recommendation for Jonathan Simmons to also board serve on this board of registration, for Hawaii Island. I think we kind of applied at the same time. We both noticed there was a lot of vacancies and, I'm glad he stepped up to serve because I think that his thoughtful and analytical approach to issues will best, well served here. Thank you.

Okay. Thank you. Next up is Morgan Touche Touche, also in support. And that's all that's everybody who signed up on GM686. Does anyone else wish to testify on GM 686?

Anyone on Zoom? Okay. Members, any questions for miss Castillo? If not, we will the nominee the the nominee is here. There you are.

Good morning.

Good morning.

You're welcome to make an opening statement.

Good morning. Thank you so much, and good morning to the committee, members. My name is Jonathan Simons. I live in Hilo and work for the county of Hawaii as a civil engineer in the department of environmental management wastewater division. I'm honored to be considered for seat on the border of registrations for the Island Of Hawaii.

I'm passionate about civics and good governance. I believe that the vote is one of the most important rights as citizens, and I see the function of the board of registrations as defending that right primarily in two ways. The first is ensuring that those eligible to vote can and are not disenfranchised by improper challenges or fear of challenges. So this issue, is near and dear to my heart.

My, my mother was an attorney for the United States Department of Justice in the eighties and nineties enforcing the Voting Rights Act, and making sure that Black Americans and minorities could not be intimidated away from the polls or legislated away from them.

To be clear, I understand that the Board of Registrations does not set policy, and I have no delusions in this regard or ambition to set policy here, but I recognize that my role would be to apply policy. And I believe that a strong mechanism for applying the existing policy is critical to individuals' willingness to register to vote and express their right to vote, as well as for our general confidence in the results and outcomes of elections.

The second, and I think more perhaps more common way that the Board of Registrations, defends the franchise is by ensuring that our votes are counted and weighted appropriately and not improperly diluted by votes that that should not have been cast. Right? So if, for example, an individual were to register in multiple jurisdictions or vote under the name of a deceased relative, in order to vote multiple times, that action effectively disenfranchises all other voters by reducing the weight of their single ballot.

So this well, I personally don't believe necessarily that this is a particularly common problem. I do believe unequivocally that it should not happen. And as a member of the board of registrations, I would be firm in ensuring that those not properly registered are that those challenges are are upheld as well so that everybody else's votes count appropriately and properly. With the current rhetoric surrounding elections, I think that this is the time to build strong voting institutions and instill confidence in the results of our elections.

So enforcing the the existing rules, in a time where, you know, as, Senator San Buenaventura said, you know, challenges seem possible.

You know, we wanna make sure that people believe that we are are hearing and listening to those challenges, and and that the vote that we get the tally that we get at the end of the day is fair and accurate and that their voice has been heard. So that would be my goal. Thank you so much for your consideration.

Thank you very much. Members questions? So did you hear my did you hear the exchange between the the committee and the the prior nominee, miss Castillo?

Yes.

Okay. So I I guess what I what I I don't think I need to go through the hypotheticals again, but I do need your commitment to to just say that you I need your commitment to be fair and, you know, don't worry about where the as long as the the voting laws enforced the way it's supposed to be, don't worry about the partisan consequences. Is that something you can commit to?

Yes, Senator. Absolutely. So, you know, I absolutely am committed to applying policy fairly without regard to any type of prejudice whether party or race, sex, religion, etcetera.

Okay. Alright. Thank you. Members, other questions? Okay.

If not, thank you very much, and we'll go ahead and go into the voting. First up on this agenda was GM572 submitting for consideration and confirmation of the commission on the status of women, gubernatorial nominee, Kirsten Walker for term to expire 06/30/2026. Recommendation and recommendation is to advise and consent. Questions or concerns? If not, Senator Gabbard.

Aye.

On GM 572, chair's recommendation is to advise and consent. Chair Rhoads.

Vice chair votes aye. Senator Chang excused.

Senator San Buenaventura.

Aye.

Senator Awa.

Measure is adopted. Thank you very much.

Aye.

Congratulations. Thanks for your willingness to serve. Next up is governor's message 685 submitting for consideration and confirmation the board of registration of the island of Oahu gubernatorial nominee Aria Castillo for a term to expire 06/30/2030. Recommendation here also is to advise and consent. Questions or concerns?

If not, vice chair.

Any no votes or reservations for those members that are present? Hearing none, the measure is adopted.

Thank you. Congratulations. Congratulations. Thank you too for being willing to serve. Next is GM 686 submitting for consideration and confirmation of the board of registration of the island of Hawaii.

Gubernatorial nominee Jonathan Simonds Simonds. I'm sorry. I'm pretty sure I'm mispronouncing. Say again. Correct.

It is Simonds. Okay. Return to expire six thirty on 06/30/2030. Recommendation here is to advise and consent. Questions or concerns?

If not, vice chair.

Yeah. Are there any no votes or reservations on GM 686? Hearing none, the measure is adopted.

Thank you. Congratulations, and thank you for being willing to serve. We are adjourned.