Electronically Filed

Supreme Court
SCEC-18-0000910
SCEC-18-0000910 28-DEC-2018
03:57 PM
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

NATALIE IWASA; DAVID ABBOTT; NOA BATLIN; MICAH BATLIN; DENISE

BOISVERT; JOHN CHOI, RUTH P. CHUN, ANGELA CORREA-PEI; RAFAEL del
CASTILLO; LEA del CASTILLO; NINA DASWANI; RENE M. GARVIN; JASON
GODWISE; KENNETH HAMILTON; RICHARD HIRAMOTO; LAURA HIRAMOTO;
DWIGHT H. IWASA; ORIAN IWASA; DANIEL JACOB; CYNTHIA JARRELL;
JEANNINE JOHNSON; KIM JORGENSEN; MARSHA JOYNER; JAMES E. KIRK;
DONALD KOELPER; RICHARD LACEY; TORI MARCHIEL; JAMES MARTINDALE;
RICKY MARUMOTO; ARNOLD MATSUURA; BONNIE DAVIS OZAKI; NALANI
PARRY; RICHARD PARRY; BEN ROOSEVELT; MAXINE RUTKOWSKI; SHIRLEY
MARGARET ROPER; RICK ROPER; CINDY ROTE; EVANGELINE YACUK,
Petitioners,

vs.

SCOTT NAGO, Chief Election Officer; STATE OF HAWAIʻI OFFICE OF

ELECTIONS; and GLEN TAKAHASHI, in his official capacity as the
City Clerk of the City and County of Honolulu, Respondents.

ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of (1) the complaint contesting the

second special election for councilmember for District IV

(Waikiki-East Honolulu), City and County of Honolulu, filed by

petitioners on November 26, 2018, (2) the answer to the

complaint, filed by respondent City Clerk of the City and County

of Honolulu Glen Takahashi (“City Clerk”) on December 6, 2018,

(3) the motion to dismiss the complaint or, in the alternative,

motion for summary judgment, filed by respondents Chief Election

Officer Scott Nago and the State of Hawaiʻi Office of Elections

on December 7, 2018, (4) the answer to the complaint filed by

Intervenor Trevor R. Ozawa (“Ozawa”) on December 17, 2018,

(5) the joinders to the motion to dismiss or, in the

alternative, motion for summary judgment, filed by the City

Clerk and Ozawa on December 14, 2018 and December 17, 2018,

respectively, (6) the respective supporting documents, and

(7) the record,1 it appears that the respondents have not

disclosed the margin of error for the electronic vote counting

machines, when applying the tabulation procedures established by

or in accordance to chapter 3-172 of the Hawaii Administrative

Rules, that were used in the November 6, 2018 general election,

and the procedures employed to determine the intent of the voter

in a close election without a hand counting (such as when the

ballot contains marginal marks). Accordingly,

IT IS HEREBY ORDERED that, within three (3) days from

the date of this order, the defendants shall provide to

petitioners, with a copy to this court, the following:

1. Information setting forth the margin of error for

the electronic vote counting machines, when applying the

tabulation procedures established by or in accordance to chapter

1
We note that the election contest for councilmember for District IV
may not be certified until the disposition of this election contest. See HRS
§ 11-156 (“If there is an election contest [the certificate of election]
shall be delivered only after a final determination in the contest has been
made and the time for an appeal has expired.”).
3-172 of the Hawaii Administrative Rules, that were used in the

November 6, 2018 general election.

2. Information setting forth how the intent of the

voter is ensured in a close election without a hand count, such

as when a ballot contains marginal marks.

DATED: Honolulu, Hawaiʻi, December 28, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson