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Kim v. State

Supreme Court of Hawaii

August 27, 2018

RICHARD Y. KIM, Plaintiff,
v.
STATE OF HAWAII; ATTORNEY GENERAL RUSSELL A. SUZUKI; OFFICE OF ELECTIONS; SCOTT T. NAGO, Chief Election Officer, Defendants, and COLLEEN HANABUSA, as a member of the U.S. House of Representatives for the District of Hawai'i, Real Party-In-Interest.

         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 16, 2018 "Election Objection" filed by Plaintiff Richard Y. Kim ("Plaintiff Kim"), the August 21, 2018 motion to dismiss or, in the alternative, for summary judgment filed by Defendants State of Hawai'i, Attorney General Russell A. Suzuki, Office of Elections, and Chief Election Officer Scott T. Nago ("Chief Election Officer Nago") (collectively, the "State Defendants"), and the August 22, 2018 memorandum in opposition to the motion to dismiss filed by Plaintiff Kim. 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 Kim was one of six Democratic Party candidates for the Office of Governor in the August 11, 2018 primary election.

         2. The election result for the Democratic Party candidate for the Office of Governor was as follows:

David Y. Ige 124, 572 (50.2%)
Colleen Wakako Hanabusa 107, 631 (43.4%)
Ernest Caravalho 5, 662 (2.3%)
Wendell J. Ka'ehu'ae'a 2, 298 (0.9%)
Richard Y. Kim 1, 576 (0.6%)
Van (Tanaban) Tanabe 775 (0.3%)
Blank Votes 5, 116 ...

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