Electronically Filed
Supreme Court
SCEC-XX-XXXXXXX
14-NOV-2022
08:44 AM
Dkt. 8 ORD
SCEC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
JAMES RYAN MALISH and KARL O. DICKS, Plaintiffs,
vs.
SCOTT NAGO, acting in official capacity of Chief Election
Officer, STATE OF HAWAIʻI OFFICE OF ELECTIONS,
and ELECTIONS COMMISSION, Defendants.
________________________________________________________________
ORIGINAL PROCEEDING
ORDER DISMISSING COMPLAINT IN PART
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
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,
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.
DATED: Honolulu, Hawaii, November 14, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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