WATERS v. NAGO

SCEC-18-0000909 SCEC-18-0000910.

468 P.3d 60 (2019)

Thomas WATERS a/k/a Tommy Waters, Plaintiff, v. Scott NAGO, Chief Election Officer; State of Hawai`i Office of Elections; and Glen Takahashi, in His Official Capacity as the City Clerk of the City and County of Honolulu, Defendants. Natalie Iwasa; David Abbott; Noa Batlin; Micah Batlin; Denise Boisvert; John Choi; Ruth P. Chun; Angela Correa-Pei; Rafael Del Castillo; Lea Del Castillo; Nina Daswani; Rene M. Garvin; Jason Godwise; Kenneth Hamilton; Richard Hiramoto; Laura Hiramoto; Dwight H. Iwasa; Orian Iwasa; Daniel Jacob; Cynthia Jarrell; Jeannine Johnson; Kim Jorgensen; Marsha Joyner; James E. Kirk; Donald Koelper; Richard Lacey; Tori Marchiel; James Martindale; Ricky Marumoto; Arnold Matsuura; Bonnie Davis Ozaki; Nalani Parry; Richard Parry; Ben Roosevelt; Maxine Rutkowski; Shirley Margaret Roper; Rick Roper; Cindy Rote; Evangeline Yacuk, Petitioners, v. Scott Nago, Chief Election Officer; State of Hawai`i Office of Elections; and Glen Takahashi, in His Official Capacity as the City Clerk of the City and County of Honolulu, Respondents.

Supreme Court of Hawai`i.

January 25, 2019.


Attorney(s) appearing for the Case

Thomas Waters plaintiff, pro se in SCEC-18-0000909.

Thomas M. Otake , for plaintiffs in SCEC-18-0000910.

Ernest H. Nomura , Duane W. H. Pang , for defendant Glen Takahashi, City Clerk of the City & County of Honolulu.

Valri Lei Kunimoto , Patricia Ohara , for defendants Scott T. Nago, Chief Election Officer and State of Hawai`i Office of Elections.

Abigail M. Holden , Joachim P. Cox , Robert K. Fricke , for intervenor Trevor Ozawa.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.


Two election contests were brought as original actions with this court challenging the result of the City and County of Honolulu second special election for councilmember for District IV held on November 6, 2018. The critical issue in these cases concerns the collection of 350 absentee mail-in return envelopes by the City Clerk at the Honolulu...

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