DeJean v. Office of Elections

Opinion

Electronically Filed Supreme Court SCEC-XX-XXXXXXX 12-AUG-2024 11:28 AM Dkt. 4 ORD

SCEC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

KHISTINA DEJEAN, Plaintiff,

vs. STATE OF HAWAIʻI, OFFICE OF ELECTIONS; and SCOTT NAGO, Chief Election Officer, State of Hawaiʻi, Defendants. ________________________________________________________________

ORIGINAL PROCEEDING

ORDER (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

On August 9, 2024, Plaintiff Khistina DeJean’s “Motion To

Have Paper Ballots” was filed with this court as an election

contest. DeJean seeks permission “to be a write in” candidate

for President and Vice President in the general election

(complaint). Here, because no election results are challenged

the complaint fails to state a claim as an election contest

under Hawaiʻi Revised Statutes (HRS) § 11-172 (Supp. 2021). In

addition, to the extent the complaint could be construed as a petition seeking mandamus relief, the petition is denied because

DeJean failed to establish a clear and indisputable right to the

relief requested and a lack of other means to redress adequately

the alleged wrong or to obtain the requested action. See Womble

Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d

1154, 1166 (2023); see also HRS § 12-2 (Supp. 2011) (“No person

shall be a candidate for any general or special general election

unless the person has been nominated in the immediately

preceding primary or special primary.”); Burdick v. Takushi, 504

U.S. 428 (1992) (reviewing Hawaiʻi’s elections laws and upholding

the write-in voting prohibition).

Accordingly, the complaint is dismissed.

DATED: Honolulu, Hawaiʻi, August 12, 2024.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens