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Waikiki v. Nago

Supreme Court of Hawaii

August 28, 2014

NELSON NAHINU WAIKIKI, JR., Plaintiff,
v.
SCOTT NAGO, Chief Election Officer, Defendant.

ORIGINAL PROCEEDING

By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

We have considered the August 22, 2014 election complaint filed by Plaintiff Nelson N. Waikiki, Jr. and the August 26, 2014 motion to dismiss filed by Defendant Scott Nago, Chief Election Officer for the State of Hawai'i. Having heard 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. Plaintiff Nelson N. Waikiki, Jr. ("Waikiki") was one of seven candidates for the Maui County Mayoral seat in the August 9, 2014 special primary election.

2. The election results for the Maui Mayoral seat were:

Alan M. Arakawa
17, 980
(63.5%)
Tamara (Tarn) Paltin
3, 405
(12.0%)
Alana Kay
1, 398
(4.9%)
Nelson Nahinu Waikiki, Jr.
818
(2.9%)
Nelson E. (AZD) Mamuad
724
(2.6%)
Orion (Ori) Kopelman
709
(2.5%)
Beau E. Hawkes
380
(1.3%)

3. Alan Arakawa and Tamara Paltin are the two candidates who received the highest number of votes.

4. On August 22, 2014, the court received a one-page letter from Waikiki.

5. Waikiki appears to be contesting the results of election for the Maui County mayoral race. The subject of the letter is titled "Re: Elections - Complainant Nelson N. Waikiki, Jr. Maui Mayoral Candidate." In the letter, Waikiki states that there has been "non-compliance, possible conspiracy, and corruption by election officials" and that a "breakdown in the system has occurred." He further states that he "believe[s] that the Governor's office, the AG, the Maui Mayor's office and the Elections Office conspired and corrupted the rights and trust of the people of Hawai'i." He believes that the voters "have been taken advantaged [and] bullied" due to 800 "misplaced" votes.

6. Waikiki requests a re-vote or a re-count.

7. Defendant Nago moved to dismiss the complaint as untimely and for failure to state a claim upon which relief can be granted.

CONCLUSIONS OF LAW

1. The complaint fails to state claims upon which ...


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