Articles Posted in Election Law

by
In this election contest, the Supreme Court dismissed Plaintiffs’ second amended complaint against Romy Cachola, one of two Democratic Party candidates for the Office of State Representative, and Chief Election Officer Scott Nago, holding that that amended complaint failed to state claims upon which relief can be granted. Cachola received the highest number of votes in the Democratic Party race for the Office of State Representative, District 30. In their amended complaint, Plaintiffs alleged that during the course of the 2018 primary campaign Cachola committed election fraud and other election offenses and that Nago violated his duty under state law by failing to preclude vote tampering in an election and failing to comply with federal requirements in conducting an election. The Supreme Court denied relief, holding that Plaintiffs’ allegations of election fraud or vote tampering were not sufficient to constitute mistakes or errors that would change the results of the primary election, and therefore, the complaint was not legally sufficient. View "Jane & John Doe Voters 1-47 v. Cachola" on Justia Law

Posted in: Election Law

by
In this election contest, the Supreme Court entered judgment in favor of Defendants ordering that the name of David Y. Ige be placed on the ballot as the Democratic Party candidate for the Office of Governor for the 2018 general election. Plaintiff, one of six Democratic Party candidates for the Office of Governor in the August 11, 2018 primary election, filed an election objection challenging the primary election and alleging, among other things, that Congresswoman Colleen Hanabusa’s candidacy for the Office of Governor violated the “resign to run” provision in Haw. Const. art. II, 7 and that Chief Election Officer Scott Nago was guilty of election fraud. The Supreme Court held (1) inasmuch as Ige received the highest votes, he was a necessary and indispensable party who should have been named as a defendant and served with a copy of the complaint; and (2) the election objection failed to state claims upon which relief can be granted. View "Kim v. State " on Justia Law

Posted in: Election Law

by
In this primary election challenge, the Supreme Court ordered that the name of David Y. Ige be placed on the ballot as the Democratic Party candidate for the Office of Governor for the 2018 general election, holding that the election objection filed by Plaintiff Richard Kim failed to state claims upon which relief can be granted. Kim, one of six Democratic Party candidates for the Office of Governor in the August 11, 2018 primary election, filed this complaint challenging the August 11, 2018 primary election. Plaintiff alleged that Defendant Ige bribed committed election offenses and asked the Supreme Court to disqualify Ige as the Democratic Party gubernatorial candidate and order a new primary election without Ige’s name on the ballot. The supreme Court held (1) this Court did not have original jurisdiction to prosecute the criminal offenses alleged by Kim; and (2) Kim could prove no set of facts that would entitle him to relief. View "Kim v. Ige " on Justia Law

Posted in: Election Law

by
Petitioners filed a petition for a writ of quo warrant challenging Representative Calvin K.Y. Say’s authority to hold office as representative of the Twentieth District of Hawaii. The circuit court granted Say’s motion to dismiss the petition for nonjusticiability. Petitioners appealed. The Supreme Court affirmed, holding (1) the law of the case doctrine does not foreclose Say’s arguments; (2) the legitimacy of Say’s qualifications to hold office presents a nonjusticiable political question; (3) the Attorney General was not prohibited from representing the House of Representatives against Petitioners; and (4) the grant of permissive intervention to the House of Representatives was proper. View "Hussey v. Say" on Justia Law

Posted in: Election Law

by
The Green Party of Hawaii and seven registered voters who voted in the 2012 General Elections (collectively, Green Party) filed this action seeking a declaratory judgment that certain methodologies and procedures used by the Office of Elections in the 2012 election were invalid under the Hawaii Administrative Procedure Act (HAPA). The circuit court granted summary judgment in favor of the Office of Elections, concluding that the challenged procedures were not subject to HAPA rulemaking requirements. The Supreme Court vacated the circuit court’s judgment in part, holding that the procedures used to determine that there will be a sufficient number of ballots ordered for each precinct for a general or primary election and the policy for counting votes cast on ballots for the incorrect precinct are rules under HAPA and, therefore, are subject to HAPA’s rulemaking requirements. View "Green Party of Hawaii v. Nago" on Justia Law

by
Plaintiff, a Hawaii resident, filed an election contest complaint arguing (1) Presidential candidate Ted Cruz was not qualified to run for President of the United States and, therefore, the Republican Part was guilty of election fraud; (2) the Office of Elections sponsors racism by serving “whites only”; and (3) Governor David Ige is responsible for rampant bigotry and discrimination within the State. The State moved to dismiss the complaint. The Supreme Court entered judgment dismissing the complaint, holding that Plaintiff failed to demonstrate that the Supreme Court had jurisdiction over his complaint or the relief he sought. View "Smallwood v. State " on Justia Law

by
Plaintiff filed a complaint contesting the second special election for councilmember for District IV, City and County of Honolulu, alleging errors in the counting of the votes and the handling of the ballots. Plaintiff, a nonpartisan candidate for the District IV councilmember seat, had lost the election by forty-one votes. The Supreme Court entered judgment in favor of Defendants, the Chief Election Officer and the State Office of Elections, holding that Plaintiff failed to show in his pleadings actual information of errors, mistakes, or irregularities sufficient to change the outcome of the election. View "Waters v. Nago " on Justia Law

Posted in: Election Law

by
Plaintiff filed an election complaint to contest the November 2014 general election. Plaintiff was not listed on the ballot as a candidate for any officer in the November 2014 general election. Defendants moved to dismiss the complaint for lack of standing and, in the alternative, failure to state a claim upon which relief can be granted. The Supreme Court dismissed the complaint, holding that Plaintiff could prove no set of facts that would entitle her to any type of relief from the results of the general election, and therefore, Plaintiff failed to state a claim upon which relief could be granted. View "Dejean v. Nago" on Justia Law

Posted in: Election Law

by
Plaintiff Nelson Waikiki, Jr. was one of seven candidates for the Maui County Mayoral seat in the August 9, 2014 special primary election. Plaintiff received the fourth highest number of votes in the election. On August 22, 2014, Waikiki requested a re-vote or a re-count due to conspiracy and corruption by election officials. Chief Election Officer Scott Nago moved to dismiss the complaint as untimely and for failure to state a claim. The Supreme Court granted the motion, holding that Waikiki failed to present specific facts or actual information of mistakes or error sufficient to change the results of the election, and therefore, Waikiki could prove no set of facts that would entitle him to relief. View "Waikiki v. Nago " on Justia Law

Posted in: Election Law

by
At issue in the case was a proclamation made by Chief Election Officer Scott Nago on Friday August 8, 2014 that closed two polling places on the Big Island and postponed the elections for Precincts 04-01 and 04-02. The next day, the primary election went forward as scheduled. On Friday, August 15, 2014, the election proceeded for Precincts 04-01 and 04-02 and was subsequently completed. On August 21, 2014, Plaintiffs, none of whom identified were registered voters of precincts that were closed on Saturday, August 9, 2014 or candidates for elected office, filed an election contest complaint against Nago and the Office of Elections, alleging that Nago should be fired because voters were denied their right to vote. The Supreme Court dismissed the complaint, holding (1) Plaintiffs were not proper parties to the election contest and lacked the requisite standing under Haw. Rev. Stat. 11-172; and (2) even if Plaintiffs had standing, the complaint failed to set forth any allegations that would demonstrate errors, mistakes, or irregularities that would change the election result. View "Cermelj v. Nago " on Justia Law

Posted in: Election Law