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  5. 709 P.2d 980 (1985)
 

REPUBLICAN PARTY OF HAWAII v. WAIHEE

No. 10952.

709 P.2d 980 (1985)

REPUBLICAN PARTY OF HAWAII, a non-profit organization, and Rudy Pacarro, Plaintiffs, v. John WAIHEE, in his official capacity as Lieutenant Governor, Raymond Pua, in his official capacity as Clerk of the City and County of Honolulu, Defendants.

Supreme Court of Hawaii.

November 25, 1985.

Attorney(s) appearing for the Case

Boyce R. Brown, Jr. (Cynthia H.H. Thielen, with him on brief, Brown & Johnston, of counsel) Honolulu, for plaintiff Pacarro.

Samuel P. King, Jr., Honolulu, for plaintiff Republican Party of Hawaii.

John S. Edmunds, Sp. Deputy Atty. Gen., for defendant Waihee.

Ronald B. Mun, Deputy Corp. Counsel, Honolulu, for defendant Pua.

Dennis E.W. O'Connor, Jerrold K. Guben and Margaret L. Cummisky (Hoddick, Reinwald, O'Connor & Marrack, of counsel), Honolulu, for amicus curiae Democratic Party of State of Hawaii.

David C. Schutter, Janice E.C. Teramae, David F. Simons and Fernando L. Cosio (Schutter, Cayetano & Playdon, of counsel), Honolulu, for amicus curiae Patsy T. Mink.

PER CURIAM.

This is an election contest brought pursuant to HRS § 11-173.5. Plaintiff Rudy Pacarro was a member of the City Council of the City and County of Honolulu. On October 5, 1985, a special election was held to determine whether he should be recalled. The Clerk of the City and County of Honolulu certified the votes in the election as follows:

  Yes (to recall Mr. Pacarro)         6,620
  No                                  6,539
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