Monday, October 14, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, December 19, 2012
Hawaii County: In Election Cases, Time Deadlines Matter
By Robert Thomas @ 2:30 PM :: 7063 Views :: Hawaii County , Office of Elections

HAWICA: In Election Cases, Time Deadlines Matter

by Robert Thomas, InverseCondemnation.com

Here's the latest election law case from the Hawaii appellate courts. In Kawauchi v. David, No. CAAP-10-0000066 (Dec. 13, 2012), the Hawaii Intermediate Court of Appeals held that the time deadlines in Haw. Rev. Stat. § 12-8 are mandatory, and that a constitutional challenge to the Hawaii County Charter was not timely decided. The ruling emphasizes that in election cases under Hawaii law, the often-short repose periods must be followed precisely, even by courts, and even if the delay is the result of an understandable error. Failure to adhere to these deadlines will deprive a trial court of jurisdiction.

The case involved a challenge to the charter's requirement that a candidate for public office be a resident of the district in which she intends to run for at least 90 days before the primary election. Section 12-8 establishes the procedures for challenging nomination papers and contains a 30-day repose period, including challenges by a county clerk to a candidate's qualifications. The statute also gives the circuit courts a limited number of days to hold a hearing and make a decision after service of the summons, in this case, nine days. The court held that these time limits are mandatory, and when the statute says "shall," it means "must" --

That the purpose of HRS § 12-8 is to permit prompt or timely resolution of challenges to candidates' nomination papers, is supported by the context in which primary elections occur: the short time frames involved in elections; the time needed for election officials to prepare the primary ballots; and the unfairness to a candidate associated with having his or her nomination challenged but not resolved for an extended period, including possibly through the primary election itself. A mandatory reading of the judgment-filing deadline in HRS § 12-8(h) appears most consistent with the legislative intent. In fact, it appears necessary in order to ensure timely resolution prior to the primary election.

Slip op. at 18 (footnote omitted). The court held that the "Circuit Court failed to enter judgment within nine days after the service of the Complaint," and that it didn't matter that the delay was the result of the summons being issued in an improper form. Slip op. at 20-21.

The opinion goes into detail about how to calculate the time deadlines in election challenges, and provides a good roadmap to future cases.

LINK: Kawauchi v. David, No. CAAP-10-0000066 (Haw. App. Dec. 13, 2012)

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

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

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

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

HiFiCo

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

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii