Dicks v. State of Hawai'i Office of Elections
This text of Dicks v. State of Hawai'i Office of Elections (Dicks v. State of Hawai'i Office of Elections) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCEC-XX-XXXXXXX 02-DEC-2024 12:35 PM Dkt. 17 ORD
SCEC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________
KARL ORLANDO DICKS and EMIL SVRCINA, Plaintiffs,
vs.
STATE OF HAWAIʻI OFFICE OF ELECTIONS and SCOTT NAGO, Defendants. ________________________________________________________________
ORIGINAL PROCEEDING
ORDER DISMISSING ELECTION COMPLAINT AND DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)
On November 8, 2024, an Election Complaint (Complaint) was
filed by Plaintiffs Karl Orlando Dicks and Emil Svrcina
(collectively, Plaintiffs), which we construe as a general
election contest and petition for writ of mandamus. As a
general election contest, we find and conclude that Plaintiffs’
Complaint does not challenge the election results of any race in
the 2024 general election.
A general election complaint, at minimum, must plead that
the conduct in question by an election official could cause a difference in the election results of a race in the 2024 general
election. See Hawaiʻi Revised Statutes (HRS) § 11-172 (Supp.
2021). Plaintiffs’ Complaint does not state a claim under HRS
§ 11-172. The Complaint instead seeks a declaration that early
voting, mail-in voting, and Act 136 of the 2019 Hawaiʻi Session
Laws are unconstitutional or illegal.
Moreover, a petition for writ of mandamus is not intended
to be used in lieu of normal court procedures, including normal
appellate procedures, that could be (and could have been) used
to address Plaintiffs’ questions of law concerning an Act that
has been effective since 2019 and related election procedures.
See Womble Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319,
537 P.3d 1154, 1166 (2023); see also HRS § 632-1 (2016).
It is ordered that the general election complaint is
dismissed for failure to state a claim and the petition for writ
of mandamus is denied.
DATED: Honolulu, Hawaii, December 2, 2024.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens
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