Hawaii Cases November 14, 2022: Malish v. Nago
Court: Hawaii Supreme Court
Date: Nov. 14, 2022
Case Description
1
JAMES RYAN MALISH and KARL O. DICKS, Plaintiffs,
v.
SCOTT NAGO, acting in official capacity of Chief Election Officer, STATE OF HAWAIʻI OFFICE OF ELECTIONS, and ELECTIONS COMMISSION, Defendants.
No. SCEC-22-0000682
Supreme Court of Hawaii
November 14, 2022
ORIGINAL PROCEEDING
Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.
ORDER DISMISSING COMPLAINT IN PART
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,
2
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.