Malish v. Nago

• Court: Hawaii Supreme Court
• Decided: November 14, 2022
• Docket: SCEC-22-0000682
• Status: Published

Opinion

Electronically Filed Supreme Court SCEC-XX-XXXXXXX 14-NOV-2022 08:44 AM Dkt. 8 ORD

SCEC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

JAMES RYAN MALISH and KARL O. DICKS, Plaintiffs,

vs.

SCOTT NAGO, acting in official capacity of Chief Election Officer, STATE OF HAWAIʻI OFFICE OF ELECTIONS, and ELECTIONS COMMISSION, Defendants. ________________________________________________________________

ORIGINAL PROCEEDING

ORDER DISMISSING COMPLAINT IN PART (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

On November 4, 2022, Plaintiffs filed an election

complaint that appears to seek relief under the primary election

contest statute, HRS § 11-173.5. It is beyond the allowable

time to seek relief under HRS § 11-173.5. See HRS § 11-173.5(a)

(“In a primary . . . election contest, . . . the complaint shall

be filed in the office of the clerk of the supreme court no

later than 4:30 p.m. on the thirteenth day after a primary . . .

election[.]”). To the extent Plaintiffs’ arguments seek relief

under HRS § 11-173.5, these claims are untimely. Accordingly, It is ordered that the complaint is dismissed in part,

or to the extent relief is sought under HRS § 11-173.5. The

court will instead construe the complaint as a general election

contest.

DATED: Honolulu, Hawaii, November 14, 2022.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins