Justia Election Law Opinion Summaries

In this election contest, the Supreme Court entered judgment in favor of Defendants and against Plaintiffs as to all claims stated in the complaint, holding that Plaintiffs failed to establish a viable election challenge that would "cause a difference in the election results."The election result contested in this case was for the office of council member for the Wailuku-Waihe'e-Waikapu seat on the Maui County Council. On November 22, 2022, the final result was reported that Alice Lee received the most votes, with Nolan Ahia receiving 513 fewer votes. Plaintiffs, Ahia and thirty voters who resided within the election district, brought this complaint challenging the election result. The Supreme Court ordered that Lee received a majority of the votes cast and had been elected to the seat of the Wailuku-Waihe'e-Waikapu councilmember, holding that Plaintiffs' claims were unavailing. View "Ahia v. Lee " on Justia Law

The Supreme Court dismissed this election complaint asserting that the November 8, 2022 primary election ballot violated Haw. Const. art. II, 4 and Haw. Rev. Stat. 12-31 and that James Malish should have been included in the 2022 general election ballot because he was unopposed as a nonpartisan candidate, holding that Plaintiffs were not entitled to relief.Plaintiffs Karl Dicks, an unsuccessful Republican candidate for the office of State Senator, District 17, and Malish, the only nonpartisan candidate in the primary election for the office of State Senator, District 9, brought this pro se complaint asserting that the primary election ballot unconstitutionally required selection of a political preference and that the manner in which it displayed a nonpartisan candidate could be construed to require declaration of a political preference when selecting a nonpartisan ballot. The Supreme Court dismissed the complaint, holding that the election complaint failed to state a claim on which relief may be granted. View "Malish v. Nago " on Justia Law

The Supreme Court dismissed this matter that was submitted as a letter and construed as an election contest complaint, holding that the complaint failed to state a claim upon which relief may be granted.Plaintiff Ralph Cushnie and a group of thirty voters brought his action asserting that two audits were performed for the 2022 Primary Election that did not satisfy the requirements of Haw. Rev. Stat. 16-42 and requesting that the certification of the 2022 Primary Election be halted until a manual recount could be conducted. Defendant State of Hawaii - Chief Election Officer filed a motion to dismiss the complaint. The Supreme Court granted the motion to dismiss, holding that Plaintiffs' requested remedy was not a remedy authorized by Haw. Rev. Stat. 11-173.5(b). View "Cushnie v. State, Chief Election Officer" on Justia Law

The Supreme Court dismissed this election complaint brought by Plaintiff Jay Dee Penn, holding that the complaint failed to state a claim upon which relief can be granted.Plaintiff brought this complaint asserting inaccurate reporting violations of law relating to election fraud, ballot irregularities, inadequate ballot security and voter discrimination and suppression. As relief, Plaintiff requested, among other things, that all 2022 primary election ballots be preserved for almost two years for further review and delaying the certification of the 2022 primary election until a statewide audit and recount could take place. The Supreme Court dismissed the complaint for failing to state a claim upon which relief can be granted, holding that the remedies sought by Plaintiff were not authorized by Haw. Rev. Stat. 11-173.5(b). View "Penn v. State, Office of Elections" on Justia Law

The Supreme Court dismissed Plaintiff's election complaint seeking a manual recount of the ballots cast in the 2022 Republican Primary Election for the House District 45 seat and an order requiring certain requests to be granted, holding that Plaintiff's complaint failed to state a claim upon which relief may be granted.Plaintiff Carlotta Oquendo, one of the three Primary Election Republican Party candidates in the House District 45 race, filed a complaint requesting that an order be issued requiring a manual recount of the race and an order requiring certain requests be granted to restore public confidence in the integrity of Hawaii elections. The Supreme Court dismissed the complaint, holding that Plaintiff's requests were not authorized by Haw. Rev. Stat. 11-173.5(b). View "Oquendo v. State, Office of Elections" on Justia Law

The Supreme Court denied Plaintiffs' election contest complaint seeking nullification of the 2022 primary election results, holding that the complaint failed to state a claim upon which relief can be granted.Plaintiffs Gary Cordery and a group of thirty registered voters brought this election contest complaint alleging inconsistencies, errors and mistakes in the voting process during the 2022 Primary Election. As relief, Plaintiffs requested nullification of the 2022 primary election results and directions that all qualified candidates advance to the General Election. The Supreme Court denied relief, holding that the remedies sought by Plaintiffs were not statutorily authorized, and therefore, Plaintiffs' complaint failed to state a claim. View "Cordery v. State of Hawai'i Office of Elections " on Justia Law

The Supreme Court entered judgment in favor of Defendants in this election contest brought by Plaintiff Richard Kim, holding that Josh Green received the highest number of votes and that his name shall be placed on the ballot as the Democratic Party candidate for the Office of Governor in the 2022 General Election.Plaintiff, one of seven Democratic Party candidates for the Office of Governor in the 2022 General Election, brought this complaint asserting that compromised vote counting occurred and that he should have been declared the winner of the primary election race held on August 13, 2022. The Supreme Court denied relief, holding that there was no genuine issue of material fact related to Plaintiff's election contest. View "Kim v. State of Hawai'i Office of Elections " on Justia Law

The Supreme Court dismissed this original proceeding that the Supreme Court construed as an election complaint, holding that this Court did not have jurisdiction to grant Plaintiff the relief he sought.Plaintiff, one of the two Primary Election Republican Party candidates in the Senate District 24 race, brought this action requesting that an order be issued halting the certification of the 2022 Primary Election so that a manual recount could be conducted and asserting, among other things, a lack of resolution on certain election integrity inquiries. The Supreme Court granted the motion to dismiss filed by the State of Hawai'i Office of Elections, holding that this Court lacked the authority under Haw. Rev. Stat. 11-173.5(b) to grant Plaintiff the relief he sought. View "Lam v. State of Hawai'i Office of Elections " on Justia Law

The Supreme Court dismissed this original proceeding brought upon Plaintiff's submission of a document entitled "Election Complaint; Motion for Preliminary Injunction Rule 65 HRCP," which was filed as an election contest complaint, holding that the complaint failed to state a claim upon which relief could be granted.In the submitted document, Plaintiff Daniel B. Decker IV argued that Defendant, the State of Hawai'i Office of Elections, failed properly to apply the qualification process upon the Hawaii Republican Party for the year 2022 primary election. Defendant filed a motion to dismiss with prejudice. The Supreme Court granted the motion to dismiss, holding that the complaint failed to state a claim upon which relief could be granted. View "Decker v. Hawai'i Office of Elections" on Justia Law

The Supreme Court dismissed this original proceeding brought upon Plaintiffs' submission of a document entitled "Election Complaint; Motion for Preliminary Injunction Rule 65 HRCP," which was filed as an election contest complaint, holding that the complaint failed to state a claim upon which relief could be granted.In their document that was filed as an election contest complaint Plaintiffs asserted that the Hawai'i Republican Party should have been disqualified as an active party and requesting that the Hawai'i Republican Party name be barred from appearing on the 2022 general election ballot. The Supreme Court dismissed the complaint, holding that Plaintiffs failed to demonstrate that the Supreme Court had jurisdiction over their complaint or the relief they sought. View "Dicks v. State of Haw. Office of Elections" on Justia Law