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Danielle Ululani Beirne v. Richard Fale

December 27, 2012

DANIELLE ULULANI BEIRNE, PLAINTIFF,
v.
RICHARD FALE, REPUBLICAN CANDIDATE, 47TH DISTRICT, BYU HAWAII PRESIDENT STEVEN C. WHEELWRIGHT; PCC PRESIDENT VAN ORGILL, HRI, CEO PRESIDENT ERIC BEAVER, AND THEIR STAFF AND EMPLOYEES AND STAR ADVERTISER WRITER PLEGE, DEFENDANTS.



Electronically Filed Supreme Court SCEC-12-0001039 27-DEC-2012 02:32 PM

ORIGINAL PROCEEDING

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

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

We have considered the election complaint filed by plaintiff pro se Danielle Ululani Beirne ("Beirne") on November 26, 2012, the motions to dismiss filed by defendants Brigham Young University-Hawaii ("BYU-Hawaii"), Polynesian Cultural Center ("PCC") and Hawaii Reserves, Inc. ("HRI") and Richard Fale ("Fale") on December 7, 2012 and December 10, 2012, respectively, the December 5, 2012 letter from Deputy Attorney General Robyn B. Chun ("Chun"), the response memorandum filed by Beirne on December 18, 2012, and the reply memorandum filed by

BYU-Hawaii, PCC and HRI on December 18, 2012. Having heard this matter without oral argument and in accordance with HRS § 11- 174.5(b) (2009) (requiring the supreme court to "give judgment, 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. Beirne was the Democratic party candidate for the office of state representative, district 47 in the November 6, 2012 general election.

2. The election results for the race for the office of state representative, district 47 were:

Richard Fale 4,381 (54.0%)

D. Ululani Beirne 3,163 (39.0%)

Blank Votes 560 ( 6.9%)

Over Votes 4 ( 0.0%)

3. Beirne challenged the election results by filing a complaint in the supreme court on November 26, 2012, which was the twentieth day after the November 6, 2012 general election. Beirne named her opponent, Fale, BYU-Hawaii, PCC, HRI and Honolulu Star-Advertiser ("Star-Advertiser") writer Derrick De Pledge as defendants.

4. The complaint alleges that Fale received more votes because BYU-Hawaii, PCC, HRI and the Star-Advertiser "conspired and coerced to throw the electoral process in order for . . . Fale to win" inasmuch as (a) BYU-Hawaii allegedly allowed Fale to register students on campus to vote, (b) BYU- Hawaii allegedly provided Fale several campus appearances but did not give Beirne the same opportunity, (c) BYU-Hawaii allegedly transported students to the polls to vote using the school's vans and buses, (d) BYU-Hawaii, PCC and HRI allegedly encouraged their staff and employees to vote for Fale, (e) poll observers and poll watchers allegedly contacted members of the Church of Jesus Christ of Latter-day Saints, told them which members did not vote, and asked them to drive those members to the polls to vote, (f) Beirne was allegedly never offered access to rallies held in Laie, and (g) the Star-Advertiser ...


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