Thursday, June 20, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, January 6, 2023
Hawaii Supreme Court Jan. 19th Oral Arguments in Disputed Maui Council Election
By Selected News Articles @ 4:05 AM :: 1908 Views :: Maui County, Office of Elections


Hawaii Supreme Court sets Jan. 19th for oral arguments in the Wailuku County Council election - Ahia vs. Lee

from Our Correspondent, January 5, 2023

The Hawaii Supreme Court set Jan. 19th to hear oral arguments in a challenge (SCEC-22-0000707to the results of Maui’s Wailuku County Council election. That race was between incumbent Alice Lee, veteran council member and former council chair, and first time candidate Noelani Ahia.

In the original tally Lee won the election by a little more than 500 votes, but the challenge brought by Ahia and 30 Maui County voters argues the office of Maui County Clerk, then headed by Kathy Kaohu, made an error by failing to determine the validity of hundreds of mail-in ballot envelopes deemed ‘deficient’.

The court must decide whether to uphold the election of Lee, or order a new election in which Lee and Ahia would face each other again.

In the meantime, because Lee's election has not been certified, the Maui County Council has only eight members (and on Monday elected Tasha Kama as an interim chair) until such time as the court rules and a ninth member can be seated.

According to a document released today, the court must decide if indeed errors were made in the tabulation of the votes, but they were not of sufficient magnitude to invalidate Lee's election, in which case she would be declared the winner.

On the other hand, the five member judicial body could decide that mistakes were made by the clerk office which were serious enough to justify a new election.

In the meantime the court is asking a number of pointed questions that Kaohu and the state's chief election officer Scott Nagao must answer in writing by Jan. 12 regarding the methods used to invalidate the ballots.

It is also trying to determine if the Maui clerk violated election law by not naming voters whose envelopes were deemed deficient. Those written responses will be posted and become a part of the public record.

While the court could issue its decision on the 19th, it is likely that it may take a week or longer before the outcome is known.

Should Lee be declared the winner, it is rumored that the council has been advised to seat her immediately, and not wait until the 90 day appeal period has passed.

If a new election is ordered, it would be one in which every Maui voter has the opportunity to vote again, and it is estimated that process could take three to four months.

Stay tuned.

PDF: Ahia, et al. vs. Lee, et al. Complaint and Two Motions to Dismiss

ACSL: States With Signature Cure Processes

MN: Court hearing set for election challenge  

HNN: Pending lawsuit over vote counting protocols keeps major Maui County Council seat vacant  

DN: Press release: Maui voters contest Wailuku County Council election at Supreme Court


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii