Saturday, September 22, 2018
Hawai'i Free Press

Current Articles | Archives

Friday, January 13, 2017
Did Activists Meet Deadline to Challenge Council Candidate?
By Robert Thomas @ 1:46 PM :: 3009 Views :: Hawaii County , Ethics, Office of Elections

Upcoming Election Law Hawaii Supreme Court Argument Preview: When Is A Registration Challenge "Brought?"

by Robert Thomas, InverseCondemnation, January 13, 2017

Our colleague Rebecca Copeland has posted a preview and the briefs in an election law case we're arguing next week in the Hawaii Supreme Court. See "Writ to Watch: Hyland v. Gonzales." We've written about the case earlier here and here.

The question for the court's review is whether an appeal in a voter registration challenge case is timely brought -- when mailed by the appellant, or when received by the Board of Registration Appeals? Under the statute, challengers have ten days in which to "bring" an appeal, and the Intermediate Court of Appeals concluded that it must be delivered to the Board within that time, not merely mailed. The court's decision in this case could have an impact beyond the relatively rare election law context, because many administrative procedures and appeals are subject to similarly-phrased deadlines. 

Rebecca writes:

In the underlying case, Hyland challenged the voter registration of another Hawaii county voter. The challenge was filed with the Office of the County Clerk for the County of Hawaii. The Clerk denied the challenge, and Hyland appealed to the Hawaii County Board of Registration. The Board ruled that it lacked jurisdiction over the appeal because it had not been timely filed – according to the Board, an appeal must be received within the 10-day prescribed filing period. Hyland appealed to the ICA, and the court affirmed.

On certiorari, Hyland argues that the Board had jurisdiction to consider his appeal. The essence of the appeal is whether it was timely because, according to Hyland, he mailed it within the ten-day appeal window. Hyland was told that the appeal had to be mailed to Oahu, but he was not told that the delivery of the document to the Oahu was required to be within the ten days.

The Judiciary has also previewed the arguments on its web site

No. SCWC-15-0000053, Thursday, January 19, 2017, 8:45 a.m.

LANRIC HYLAND, Petitioner/Petitioner-Appellant, vs. RONALD GONZALES and STEWART MAEDA, in his official capacity as Hawai`i County Clerk, Respondents/Respondents-Appellees.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali`iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

Attorneys for Petitioner Lanric Hyland:

Robert H. Thomas and Mark M. Murakami

Attorneys for Respondent Board of Registration:

Patricia Ohara and Valri Lei Kunimoto, Deputy Attorneys General; Ewan C. Rayner, Deputy Solicitor General

Attorneys for Respondent Stewart Maeda:

Christopher P. Schlueter and Laureen L. Martin, Deputy Corporation Counsels

Attorney for Respondent Ronald Gonzales:

Lincoln S.T. Ashida

NOTE: Order accepting Application for Writ of Certiorari, filed 05/11/16.

COURT: MER, CJ; PAN, SSM, RWP, and MDW, JJ.

Brief Description:

The petitioner in this case challenged the voter registration status of a voter by filing a challenge with the Office of the County Clerk of the County of Hawai`i. Following the county clerk’s decision that the challenged voter was properly registered, petitioner appealed the county clerk decision to the local Board of Registration (Board) for the County of Hawai`i. The challenged voter filed objections to the jurisdiction of the Board arguing that the appeal was untimely. The Board agreed, concluding that it was without jurisdiction to consider the appeal because the appeal was untimely as it was not received by the Board within the ten-day filing period.

Petitioner appealed the Board’s decision to the Intermediate Court of Appeals (ICA) contending that petitioner’s appeal was timely. In a memorandum opinion, the ICA affirmed the order dismissing the appeal, concluding that petitioner’s appeal was not timely as it was not filed until the date it was received by the local board in the mail. The ICA in its ruling also determined that the Board erred in concluding that Columbus Day was a holiday that tolled the appeal deadline, although the ICA concluded that the error was harmless because the appeal would have been untimely in any event. Petitioner filed an application for writ of certiorari with this court, which was granted. In his application, petitioner maintains that the Board had jurisdiction over his appeal because his appeal was timely filed with the Board based on the date of the mailing of his notice of appeal.

We'll bring you more down the road.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

Affordable Hawaii Coalition

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

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

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

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

Habele.org

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 Families for Educational Choice

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 Senate Informer

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Hawaii Votes

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop

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

HPACC

Hump Day Report

Hunting, Farming and Fishing Assoc.

I Vote Hawaii

If Hawaii News

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

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

MentalIllnessPolicy.org

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

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

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

Ohana Policy Group

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Copenull

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

TEA Party Maui

TFB Micronesia

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

United Veterans Hawaii

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT