Electronically Filed
Supreme Court
SCPW-14-0000882
18-JUN-2014
09:41 AM
SCPW-14-0000882
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
KHISTINA CALDWELL DEJEAN, Petitioner,
vs.
SCOTT NAGO, Chief Election Officer, Office of Elections,
State of Hawai'i, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Khistina Caldwell
DeJean’s “Petition” and “Petition Amending 2014 Election”, filed
on June 9, 2014 and June 10, 2014, respectively, which we review
as a petition for a writ of mandamus, the documents attached
thereto and submitted in support thereof, and the record, it
appears that Petitioner fails to demonstrate that she has a clear
and indisputable right to appear on the 2014 primary election
ballot and has alternative means to seek relief. See Haw. Const.
art. V, sec. 2 (“The lieutenant governor shall be elected at the
same time, for the same term and in the same manner as the
governor[.]”); Hirono v. Peabody, 81 Hawai'i 230, 915 P.2d 704
(1996) (a candidate for governor must seek the nomination to the
office with a candidate for lieutenant governor from the same
political party); HRS § 12-8 (2009 & Supp. 2013). Petitioner,
therefore, is not entitled to the requested writ of mandamus.
See Kema v. Gaddis, 91 Hawai'i 200, 204, 982 P.2d 334, 338 (1999)
(a writ of mandamus is an extraordinary remedy that will not
issue unless the petitioner demonstrates a clear and indisputable
right to relief and a lack of alternative means to redress
adequately the alleged wrong or obtain the requested action);
Barnett v. Broderick, 84 Hawai'i 109, 111, 929 P.2d 1359, 1361
(1996) (mandamus relief is available to compel an official to
perform a duty allegedly owed to an individual only if the
individual’s claim is clear and certain, the official’s duty is
ministerial and so plainly prescribed as to be free from doubt,
and no other remedy is available). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, June 18, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson