Electronically Filed
Supreme Court
SCEC-XX-XXXXXXX
08-DEC-2020
08:41 AM
Dkt. 53 OGMD
SCEC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
EMIL SVRCINA; KARL DICKS; and BANNER FANENE, Plaintiffs,
vs.
SCOTT T. NAGO, in his capacity as Chief Election Officer
for the State of Hawai#i; STATE OF HAWAI#I OFFICE OF ELECTIONS;
and GLEN TAKAHASHI, in his capacity as City Clerk
of the City and County of Honolulu, Defendants.
ORIGINAL PROCEEDING
ORDER DISMISSING ELECTION COMPLAINT
(By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ.,
and Circuit Judge To#oto#o, assigned by reason of vacancy)
Upon consideration of plaintiffs Emil Svrcina, Karl
Dicks, and Banner Fanene’s election complaint, filed on November
23, 2020, defendants Chief Election Officer Scott T. Nago and the
State of Hawai#i Office of Elections’ motion to dismiss, filed on
November 27, 2020, defendant City Clerk of the City and County of
Honolulu Glen Takahashi’s joinder to the motion to dismiss, filed
on November 30, 2020, Plaintiffs’ response to the motion to
dismiss, filed on December 2, 2020, the respective supporting
documents, and the records and files herein, it appears that:
(1) any request for relief with regards to the August 8, 2020
Primary Election is untimely, see HRS § 11-173.5 (election
contests of a primary election shall be filed no later than the
thirteenth day after the primary election); (2) Plaintiffs lack
standing to challenge the results of all federal, state, and
county races for the August 8, 2020 Primary Election and the
November 3, 2020 General Election, see HRS § 11-172 (an election
contest shall be filed by “any candidate, or qualified political
party directly interested, or any thirty voters of any election
district”); and (3) even if Plaintiffs had standing, they can
prove no set of facts in support of their claims that would
entitle them to relief, see HRS § 11-172 (“The complaint shall
set forth any cause or causes, such as but not limited to,
provable fraud, overages, or underages, that could cause a
difference in the election results.”); Tataii v. Cronin, 119
Hawai#i 337, 339, 198 P.3d 124, 126 (2008); Akaka v. Yoshina, 84
Hawai#i 383, 935 P.2d 98 (1997); Funakoshi v. King, 65 Haw. 312,
317-18, 651 P.2d 912, 915 (1982). Accordingly,
IT IS HEREBY ORDERED that the motion to dismiss is
granted and the complaint is dismissed.
IT IS HEREBY FURTHER ORDERED that all pending motions
are dismissed.
DATED: Honolulu, Hawai#i, December 8, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Fa#auuga To#oto#o
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