Wednesday, July 15, 2020
Hawai'i Free Press

Current Articles | Archives

Saturday, May 21, 2016
Supreme Court to Hear Challenge to Big Island Council Candidate’s Eligibility
By Robert Thomas @ 11:42 PM :: 3728 Views :: Judiciary, Office of Elections

Cinematic Rude Awakenings from Roman Holiday on Vimeo.

HAWSCT To Decide On Timing Of Voter Registration Appeals: When Is An Appeal "Filed?"

by Robert Thomas, InverseCondemnation, May 20, 2016

If there's one thing that makes lawyers sit bolt upright in a sweat at 3 am, it's the prospect of missing a jurisdictional deadline. A statute of limitations, a notice of appeal. Come on, you know you've been there. Keep your carrier's number on speed dial.

Well here's one that might help you sleep better by making the rules for when and how to file more clear, at least in voter registration challenges.

On May 11, 2016, the Hawaii Supreme Court accepted certiorari and agreed to review the Intermediate Court of Appeals' unpublished memorandum opinion which upheld the dismissal by the Big Island's Board of Registration of a voter registration challenge. The ICA held that the appeal to the BoR was not timely filed even though the challenger mailed the appeal to the state's Office of Elections (located on Oahu) within the 10-day time limit, because it was not received in that window.

This is a challenge to a candidate's voter registration for not being a resident of the district. In these cases, the County Clerk makes the initial determination, reviewed by a county's BoR, with appeal to the ICA. The Big Island clerk determined that the candidate was indeed a resident of the district in which he registered. The challengers filed an appeal with the BoR by putting it in the mail addressed to the Office of Elections' Pearl City, Oahu, office. It arrived on after the deadline. Nightmare time.

We put it in the mail within the deadline, the challengers argued, and in civil litigation, putting something in the mail gives you a couple of extra days. Nope, concluded the ICA, the statute requires the appeal be "filed" within 10 days, and filed means received by the Office of Elections, not sent. That rule of civil procedure which gives extra time in civil cases? Not applicable here, this isn't civil litigation subject to the Rules of Civil Procedure, but is governed by the statute. And the statute says "filed" with no mention of any mailbox rule. And that extra day because of Discoverers' Day? Not a state holiday, so that doesn't help either.  

The Supreme Court's order accepting cert did not schedule oral argument, so unless one party requests it and the court agrees, we're probably not going to get an early sense of why the justices took up this case, or which way they might be leaning. But it does seem like two threads intersect in this case. On one hand, the need for quick resolution and repose in election law cases. The court tends to view election-related challenges through a very narrow lens, with the idea that they need to be resolved quickly and subject to exacting standards. A rule that the 10-day deadline must be strictly complied with would further that. On the other, however, the court might be bothered by the practicalities here: there was no place on the Big Island where the appellants could file in person, so what were they supposed to do, get on a flight and bring it over to Oahu? Or do non-Oahu challengers just have less time to appeal? This seems like an unfair and unequal burden on neighbor island challengers.

Stay tuned, and sleep tight.

PDF: Hyland v. Gonzales, No. CAAP-15-0000053 (Haw. App. Feb. 10, 2016)



TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii