Cushnie v. Nago

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 02-JUL-2026 10:37 AM Dkt. 22 ODMR

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

RALPH S. CUSHNIE; TARA MALIA GREGORY; and DOUGLAS W. PASNIK, Petitioners,

vs.

SCOTT T. NAGO, in official capacity as Chief Election Officer, State of Hawaiʻi; and HAWAIʻI ELECTIONS COMMISSION, Respondents. ________________________________________________________________

ORIGINAL PROCEEDING

ORDER DENYING MOTION FOR RECONSIDERATION (By: Devens, C.J., McKenna, Eddins, and Ginoza, JJ., and Circuit Judge Cahill, assigned by reason of vacancy)

Upon consideration of the motion for reconsideration filed

June 25, 2026, which seeks reconsideration of this court’s

June 17, 2026 order denying the petition, the petition for writ

of mandamus was about seeking “prospective enforcement” and

“prospective relief only” to be applied to future election

cycles, including the 2026 election. The petition’s request for

expedited consideration of the question presented underscores

the relief sought by Petitioners. Petitioners’ assertion in the motion for reconsideration that the petition was not about

prospective relief lacks merit.

This court has not overlooked or misapprehended points of

law or fact. See Hawaiʻi Rules of Appellate Procedure Rule 40(b)

(eff. 2000).

It is ordered that the motion is denied.

DATED: Honolulu, Hawaii, July 2, 2026.

/s/ Vladimir P. Devens

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Peter T. Cahill