Judge rules Council chair Tommy Waters ineligible to run for re-election

News admin July 28, 2026 0 Comments

Judge rules Council chair Tommy Waters ineligible to run for re-election

HONOLULU (HawaiiNewsNow) – A state Circuit Court judge has ruled that Honolulu City Council chair Tommy Waters is ineligible to run for re-election to the East Honolulu council seat, finding that he has already served the two-term limit established by the city charter.

Judge James Ashford issued the ruling after opponent Trevor Ozawa challenged Waters’ candidacy, arguing the run violated the city charter.

The decision came as in-person early voting was already underway and thousands of ballots had been cast by mail.

Waters’ attorneys argued partial first term should not count

Waters was initially cleared to run by the city clerk and corporation counsel. His attorneys argued that because his first term began in May 2019 — following a special election that resolved a disputed 2018 race against Ozawa — he did not serve a full four-year term and should be entitled to run again.

“Four years is four years, and anything less than four years is not four years,” said Joseph Stewart, attorney for Waters. “In this case, we know Mr. Waters did not serve the four years.”

Waters and city attorneys also argued the situation was consistent with other council members who served more than two terms after filling vacancies.

Judge: Voters rejected longer council service in 2016

Judge Ashford rejected that argument, saying Waters served “a regular four-year term — he just didn’t get his ticket punched until later than usual.”

Ashford also noted that voters approved the two-term limit in 1992 and later rejected a three-term limit. “Allowing a council member to serve longer than eight years is exactly what the voters rejected in 2016,” Ashford said. “The court finds that Mr. Waters is ineligible to be elected for the 2027–2031 term.”

Ozawa argued that under Waters’ interpretation, any council member could make the same claim. “Nobody has actually served an entire four-year term, because you never get sworn in at exactly 12 noon on Jan. 2,” Ozawa said.

Waters vows appeal as election questions mount

Waters said he plans to seek a fast appeal and will continue his campaign in the meantime. “That was a tough ruling. Not what we expected. I really want the voters to decide,” Waters said.

He also raised questions about ballots already cast. “Ballots are already in. So what do you do with those? It taints the entire election, because people who voted for me could have voted for one of the other candidates — not Ozawa. So what happens there?” Waters said.

Ozawa said he has been fighting for a fair election. “I’ve been fighting for a fair election, not just for myself,” he said.

Some experts said courts are generally reluctant to intervene once ballots have been printed and voting has begun. Some said that even if an appeals court reinstates Waters’ candidacy, the East Honolulu council race may need to be rerun.

City clerk ‘carefully reviewing’ ruling

The acting city clerk said in a statement Monday: “The Elections Division is aware of the Circuit Court’s ruling concerning the Council District IV race. We are carefully reviewing the ruling and consulting with legal counsel to determine its impact on the administration of the election. We recognize the public’s interest in this matter and will provide additional information as soon as we are able to do so.”