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HAMAMOTO v. IGE

No. 15-15572.

881 F.3d 719 (2018)

Eugene HAMAMOTO; John P. Roco, Plaintiffs-Appellants, v. David Y. IGE, Governor of the State of Hawaii; Democratic Party of Hawaii; Scott T. Nago, in his official capacity as the Chief Election Officer of the State of Hawaii; Brian Evans, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2018.

Attorney(s) appearing for the Case

Sean Morales-Doyle (argued), Michael P. Persoon , and Thomas H. Geoghegan , Despres Schwartz & Geoghegan Ltd., Chicago, Illinois; James Hochberg , Honolulu, Hawaii; for Plaintiffs-Appellants.

Clyde J. Wadsworth (argued), Valri Lei Kunimoto , Deirdre Marie-Iha , and Patricia Ohara , Deputy Attorneys General; Douglas S. Chin , Attorney General; Department of the Attorney General, Honolulu, Hawaii; for Defendants-Appellees David Y. Ige and Scott T. Nago.

Brian A. Kang (argued), Watanabe Ing LLP, Honolulu, Hawaii; for Defendants-Appellee Democratic Party of Hawaii.

Before: Stephen Reinhardt, Susan P. Graber, and Morgan Christen, Circuit Judges.

OPINION

Plaintiffs Eugene Hamamoto and John Roco allege that the temporary appointment of then-Lieutenant Governor Brian Schatz as United States senator from Hawaii violated their rights under the Seventeenth Amendment. The district court held that a vacancy election conducted five days after the filing of their complaint mooted their...

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