HILO — The Hawaii Supreme Court on Friday dismissed the final challenge to the Aug. 11 primary election, one filed by the second-place finisher in a four-way race for the state House District 6 Democratic primary for the open Kailua-Kona
HILO — The Hawaii Supreme Court on Friday dismissed the final challenge to the Aug. 11 primary election, one filed by the second-place finisher in a four-way race for the state House District 6 Democratic primary for the open Kailua-Kona seat.
Kalei Akaka, the 29-year-old granddaughter of U.S. Sen. Daniel Akaka, had 1,022 votes in the primary, just 45 fewer than the winner, Nicole Lowen, who now faces Republican candidate Roy Ebert in the Nov. 6 general election.
The court said in its ruling that Akaka missed the filing deadline, but even if her complaint had been filed on time, it didn’t meet the level of proof needed to grant her a new election or a recount. Akaka claims any ballots after the polls were supposed to close at the statutory 6 p.m. closing shouldn’t have been counted. Gov. Neil Abercrombie, in a proclamation, had extended the poll hours by 90 minutes for Hawaii Island after learning many polling places opened late.
“(A)llegations that (a) miscounting of votes due to a discrepancy in the number of ballots, and (b) the late opening of the polls, which resulted in the governor extending the voting hours and campaigns contacting supporters, many of whom were “likely supporters of [defendant] Lowen rather than [plaintiff] Akaka” and urging them to vote, all of which could have caused a difference in the election results, do not amount to actual information of mistakes, errors or irregularities sufficient to change the primary election results for the office of state representative, district 6,” according to the ruling, signed by all five justices.
Hawaii County Deputy Corporation Counsel Michael Udovic, who represented County Clerk Jamae Kawauchi, was relieved that the second of two Hawaii County cases was dismissed. Two election complaints filed in Honolulu have also been dismissed.
“They did the right thing,” Udovic said. “It doesn’t look like there are any other challenges, so now we can move forward.”
But Akaka’s attorney, Charles Khim of Honolulu, isn’t giving up yet. He said he’s going to file a motion for reconsideration, because he had under the law and court rules until Tuesday to file a response to the governments’ motions.
“We’ve been denied the due process of law because the Supreme Court only listened to one side,” Khim said. “That’s not how our system of justice should work.”
Two of the five precincts in District 6 opened late, according to a state Office of Elections report. In both of those polling places, Kahakai Elementary School and Kona Palisades Community Center, Akaka came in second in voting on primary election day, first in early walk-in votes and second in mail-in absentee votes. She came in second or third in two of the other polling places, and first in all three methods of voting at Kealakehe High School, according to the state precinct reports.
