To follow up on our earlier post about issues to look for in the legal challenge to the Hawaii Chief Elections Officer’s choice to hold the delayed Democratic Party primary election on Friday, August 15, 2014, rather than keep the 21-day window open, here are the Complaint and Motion for Temporary Restraining Order filed this
Voting rights | election law
Issues To Watch In The Promised Lawsuit Challenging Hurricane Primary
Update 8/13/2014: complaint filed in circuit court on the Big Island, not the Supreme Court. More on the Complaint and motion for a TRO here.
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It appears that the Chief Election Officer’s decision to postpone the primary election in the storm-hit Puna district on the Big Island and hold it on the…
The Law Behind Hawaii’s Hurricane Senate Primary Election: Let The Games Begin!
Of all of the impacts of Hurricane Tropical Storm Iselle — which whacked the Big Island but thankfully not the rest of the state last Friday — the one that may be the longest lasting may be that the Democratic Party primary election for the U.S. Senate seat vacated by the…
Wednesday’s Reading List: Vermont Eminent Domain, The Big Island’s Weed Ordinance, And Quo Warranto
Here’s what we’re reading today:
- Eminent Domain, Ultra Vires, and Adverse Possession Walk Into a Bar… – from SCOV Law, a blog about the decisions of the Vermont Supreme Court: “Get ready to dust off your nineteenth-century-property-law hats, folks, cause this case is chock-full of neglected old cases about rail beds, public trails, adverse
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Quo Warranto Fu: Courts Have Jurisdiction To Determine Whether State Representative Is A Qualified Voter In His District
The Hawaii Constitution requires that a member of the state House of Representatives be a “qualified voter” of the district she or he represents. In Hussey v. Say, No. CAAP-13-0002255 (Apr. 24, 2014), the Hawaii Intermediate Court of Appeals analyzed how someone who asserts that the representative from District A is in actuality a …
Aloha, Justice Acoba
Yesterday, according to the coconut wireless, was the official last day on the Hawaii Supreme Court for Associate Justice Simeon Acoba. State court justices and judges face mandatory retirement at age 70, and Justice Acoba’s birthday is coming up in March.
While time marched on, so did the process for selecting his successor…
Looks Like Hawaii Won’t Need To Count All Those Soldiers, Sailors, And Marines In The Next Reapportionment Anyway
Not only did the State win the reapportionment legal case in which it successfully argued that military personnel and their families who reside in Hawaii are not “permanent residents” and thus may be treated as outlanders and ignored for state reapportionment purposes [we represented the plaintiffs who challenged that scheme], but with the proposed defense…
Supreme Court Upholds Hawaii Redistricting Plan
Our Latin cousins warned us long ago homo sapiens non urinat in ventum (“a wise man does not pee into the wind”) but such wisdom doesn’t prevent us from trying at times to buck the conventional thinking. Because sometimes, you don’t know which way the wind is blowing until you go outside and actually feel…
Go Back To Law School: U. Hawaii’s “J-Term” Classes Open To The Public
For those who just can’t get enough of law school, here’s your chance to return. Each January, the University of Hawaii Law School holds its “J-Term” during which brings in legal scholars from across the nation (bet it’s not too hard to convince a few lawprofs to spend mid-January in Honolulu) to teach on…
SCOTUS Brief In Hawaii Reapportionment Case: Exclusions From Population Are Not Reviewed Under “Rational Basis”
Here’s the Brief Opposing Motion to Affirm, filed today (Dec. 26, 2013) in Kostick v. Nago, No. 13-456.
That’s the appeal currently pending in the Supreme Court challenging a ruling by a three-judge U.S. District Court upholding the 2012 Hawaii Reapportionment Plan against an Equal Protection challenge. The Plaintiffs assert that the 2012 …

