Supreme Court justices weigh special election in controversial District 43 race
HONOLULU (HawaiiNewsNow) – Hawaii Supreme Court justices questioned state and county election officials Wednesday over the handling of two improperly cast ballots in a winner-take-all Republican primary that ended in a tie.
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Incumbent Republican Rep. Kanani Souza challenged the dead-even outcome of her Makakilo-Kapolei District 43 race against Sheila Medeiros after it was revealed two ballots were accidentally counted from voters living in another district.
Justices question timing of disclosure
Justices pointed out that in a tie race, there is zero margin, and ballots mistakenly given to voters in a different district affect the outcome.
Chief Election Officer Scott Nago and Honolulu Elections Administrator Rex Quidilla were asked why the error was not reported before a tiebreaker was conducted, since officials knew the invalid ballots were comingled with valid ones.
Associate Justice Lisa Ginoza asked, “That information could have been provided to the candidates?”
“I suppose so,” Quidilla answered.
Election officials defend process
Chief Election Officer Scott Nago defended the system.
“In our minds, the results are the results,” Nago said. “The ballots in our possession have been counted and I’m fairly certain the results match what’s on the ballots.”
Justices were also concerned that there were no official rules for how to handle tie breakers. In this case, Nago put the candidates’ names in plastic eggs and put them in a lauhala basket. He then pulled one which was declared the winner.
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Justices ask about special election procedure
The justices appeared to be leaning toward a special election and asked about the process.
Ginoza asked whether a special ballot would only go to District 43 voters if they used the general election. Nago confirmed that anyone, Democrat or Republican, could vote in that race.
In a primary election, voters have to pick either a Democrat or Republican ballot, so this would open up the race to all party voters.
Incumbent responds
Souza said some of the testimony was shocking, but said she was grateful the state’s high court took up the issues.
“This is not about me. This is about justice. This is about having a fair election for the people of my district, especially in this instance,” Souza said.
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Justices said they would have a decision Friday.
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