No. 29477 (December 16, 2008)
Opinion [pdf]
PER CURIAM
In this original proceeding, plaintiff Steve Tataii, an unsuccessful congressional candidate in the November 4, 2008 general election, challenged, pursuant to Hawai‘i Revised Statutes (HRS) § 11-172 (1993) and HRS § 11-174.5 (Supp. 2007), the election results for the first congressional district seat in the U.S. House of Representatives. Pursuant to HRS § 11-174.5(b), we issued, concurrently with this opinion, Findings of Fact, Conclusions of Law, and Judgment in favor of defendant chief election officer Kevin Cronin and defendant Neil Abercrombie and against plaintiff Tataii.
We hold that: (1) plaintiff Tataii's election contest complaint, filed after 4:30 p.m. on the twentieth day following the November 4, 2008 general election, was filed within the time provision of HRS § 11-174.5(a); and (2) plaintiff Tataii failed to meet his burden of demonstrating errors, mistakes, or irregularities that could cause a difference in the election results. [footnotes omitted]
