HAWSCT Dismisses Postponed Puna Precincts Primary Challenge

Here's the Order Granting Motion to Dismiss, just filed in Lathers v. Abercrombie, No. SCOT-14-0001069 (Aug. 28, 2014).

That's the original jurisidiction action filed by several voters from Puna and the ACLU Hawaii, which asked the court to allow them to vote because they were prevented by the tropical storm which whacked the Big Island on primary day. 

The State defendants sought dismissal, and the court agreed that it lacked subject matter jurisdiction:

Plaintiffs concede that their complaint is “not a typical ‘election contest’” within the meaning of HRS §§ 11-172 (2009) or 11-173.5 (2009) and that they do not meet the statutory requirements for an election contest. Further, the court does not have jurisdiction under the statutory and constitutional provisions cited in the Complaint and First Amended Complaint to grant the relief requested. Therefore,

IT IS HEREBY ORDERED that the motions to dismiss are granted. The complaint and first amended complaint are dismissed.

That's all, folks? There is at least one other election challenge pending about the postponed primary, but for the Lathers plaintiffs, it seems like the only possible avenue left is a complaint in circuit court. 

Order Granting Motion to Dismiss, Lathers v. Abercrombie, SCOT-14-0001069 (Aug. 28, 2014)

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