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Kaleihikina "Kalei" Akaka v. Fred Housel; Nicole Lowen; Bucky Leslie

August 31, 2012

KALEIHIKINA "KALEI" AKAKA, PLAINTIFF,
v.
FRED HOUSEL; NICOLE LOWEN; BUCKY LESLIE; SCOTT NAGO, CHIEF ELECTION OFFICER; STATE OF HAWAI#I OFFICE OF ELECTIONS; JAMAE KAWAUCHI, COUNTY OF HAWAI#I CLERK; OFFICE OF THE CLERK, HAWAI#I COUNTY; AND NEIL ABERCROMBIE, GOVERNOR OF THE STATE OF HAWAI#I, DEFENDANTS.



Electronically Filed Supreme Court SCEC-12-0000725 31-AUG-2012 11:39 AM

ORIGINAL PROCEEDING FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna and Pollack, JJ.)

We have considered (1) the August 21, 2012 election complaint filed by Plaintiff Kaleihikina "Kalei" Akaka, (2) the August 27, 2012 motion to dismiss filed by Defendants Scott Nago, Chief Election Officer, and Governor Neil Abercrombie, and the declaration and document appended thereto and submitted in support thereof, (3) the August 27, 2012 motion to dismiss filed by Defendants Jamae Kawauchi, County of Hawai#i Clerk, and the Office of the Clerk, Hawai#i County, and (4) the August 28, 2012

joinder filed by Defendant Nicole Lowen. Having considered this matter without oral argument and in accordance with HRS § 11- 173.5(b) (2009) (requiring the supreme court to "give judgment fully stating all findings of fact and of law"), we set forth the following findings of fact and conclusions of law and enter the following judgment.

FINDINGS OF FACT

1. Defendant Kaleihikina "Kalei" Akaka ("Akaka") was one of four Democratic Party candidates running for the office of state representative, district 6, in the August 11, 2012 primary election.

2. The election results for the Democratic Party race for the office of state representative, district 6 were:

Nicole Lowen 1,067 (30.2%)

Kalei Akaka 1,022 (29.0%)

Bucky Leslie 734 (20.8%)

Fred Housel 461 (13.1%)

Blank Votes 243 ( 6.9%)

Over Votes 2 ( 0.1%)

3. On August 11, 2012, Governor Neil Abercrombie

("Governor Abercrombie") issued an Election Proclamation extending the polling hours for the County of Hawai#i until 7:30 p.m. pursuant to Hawai#i Revised Statutes ("HRS") ...


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