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Dejean v. Nago

Supreme Court of Hawaii

December 4, 2014

KHISTINA CALDWELL DEJEAN, Plaintiff,
v.
SCOTT NAGO, Chief Election Officer; OFFICE OF ELECTIONS; and AARON SCHULANER, Defendants.

ORIGINAL PROCEEDING

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

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT

On November 7, 2014, plaintiff Khistina Caldwell DeJean ("DeJean") filed a document entitled "Election Challen[g]e 2014, " which we view as an election complaint to contest the November 2014 general election. On November 17, 2014, defendant Scott Nago ("Nago"), Chief Election Officer of the State of Hawai'i, the Office of Elections, and Aaron Schulaner ("Schulaner") (collectively, "Defendants") filed a motion to dismiss the complaint. On November 21, 2014, DeJean filed a reply memorandum. Upon consideration of the election complaint, the motion to dismiss, and the reply memorandum, and 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. DeJean was not listed on the November 4, 2014 general election ballot as a candidate for any office.

2. DeJean contests the general election by filing a complaint in the supreme court on November 7, 2014. DeJean names Nago, the Office of Elections, and Schulaner as defendants.

3. The complaint references a Pennsylvania statute, cites several case law and HRS § 12-6, and includes a heading entitled "Jury Verdicts & Settlements."

4. Defendants moved to dismiss the complaint for (a) lack of standing and, in the alternative, (b) failure to state a claim upon which relief can be granted.

5. In response to the motion to dismiss, DeJean requests, among other things, a special election and that Defendants Nago and Schulaner, together with Attorney General David Louie, be fired or jailed immediately.

CONCLUSIONS OF LAW

I.

1. HRS § 11-172 (2009) requires an election contest to be brought by "any candidate, or qualified political party directly interested, or any thirty voters of any election district."

2. The record indicates that DeJean was not listed on the ballot as a candidate for any office in the November 4, 2014 general election, is not a qualified political party, and does ...


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