Hawaii Supreme Court orders special election for House District 43 following tied primary

HONOLULU (HawaiiNewsNow) - The Hawaiʻi Supreme Court has officially ordered a new election for State Representative District 43, invalidating the results of a tied Republican primary after ruling that ballot irregularities and procedural errors compromised the outcome.

The high court’s landmark ruling, issued Friday afternoon, resolves a legal challenge filed by incumbent Rep. Kanani Souza against Chief Election Officer Scott Nago, state and county election officials, and challenger Sheila Medeiros.

The Aug. 8 primary election for the Kapolei-based district resulted in an exact tie, with both Souza and Medeiros receiving 842 votes.

The Office of Elections initially declared Medeiros the winner following a random tie-breaker drawing on Aug. 15. However, the court threw out those results, finding that a two-ballot overage could have altered the outcome and that the tie-breaker method used by the state was legally invalid.

Souza said she was pleased with the decision.

“I am very pleased with the decision that the Hawaii Supreme Court rendered today in my favor and in the favor of every voice out there in my district and community who deserves a right to actually vote for their state representative,” she said.

RELATED POST: Election chief defends drawing names from basket to break primary ties

Ballot errors and invalid tie-breaker process

County election officials identified a two-ballot overage in Precinct 43-03 after two voters registered in an adjacent district were mistakenly issued District 43 ballots at the Kapolei Hale Voter Service Center on Election Day.

Because the ballots were scanned and mixed into the general tabulation, officials testified there was no way to retrieve the invalid votes or determine which candidate they favored.

“The two-ballot overage could have caused a difference in the race,” the justices wrote, concluding that because the discrepancy exceeded the zero-vote margin of the tie, the correct election results could not be legally ascertained.

The court also ruled in favor of Souza on constitutional and administrative grounds, finding that the Office of Elections erred by using an unpromulgated tie-breaking method.

The court determined that the draw, which involved pulling names out of a basket, was equivalent to an administrative rule and required public notice and hearings under the Hawaiʻi Administrative Procedure Act (HAPA).

Nago was ordered to expeditiously establish official, lawful rules for future election ties.

Special election scheduled for November 3

The Supreme Court ordered a special election between Souza and Medeiros to be held concurrently with the upcoming general election on Tuesday, November 3.

The special election ballot for State Representative District 43 will be designated for “Republican Party Voters Only.”

Under the Hawaiʻi Constitution, voters will not be required to declare a party preference as a condition to cast their ballot in the designated race.

Because no other political parties or non-partisan candidates filed to run in District 43, the winner of this November head-to-head matchup will be declared officially elected to the State House of Representatives.

This probably has shaken voter confidence a little bit,“ said HNN Political Analyst Colin Moore. ”But at the same time, I think the Supreme Court has acted very quickly. I think they’ve made a decision that will seem like common sense to most folks."

Hawaii News Now reached out to Sheila Medeiros for comment and is waiting to hear back.

Previous coverage

• Supreme Court justices weigh special election in controversial District 43 race
• City admits ineligible voters cast ballots in tied Makakilo primary race
• ‘Zero margin’: Ballot overage behind challenge in deadlocked primary race
• Election chief defends drawing names from basket to break primary ties
• It was gambling’: Historic Hawaii election ties decided by random drawings at state Capitol
• History made: Two Hawaii legislative primary races end in ties. Here’s how the winners will now be chosen
• Republican candidates observe recount for two primary races at state Capitol
• Recount set for Tuesday in two state Republican primary races
• Razor-thin margins separate candidates in three Hawaii primary races