Articles Posted in Supreme Court of Hawaii

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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

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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

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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