§11-174.5 Contests for cause in general, special general, special, and runoff elections. (a) In general, special general, special, or runoff elections, the complaint shall be filed in the office of the clerk of the supreme court not later than 4:30 p.m. on the twentieth day following the general, special general, special, or runoff election and shall be accompanied by a deposit for costs of court as established by rules of the supreme court. The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court not later than 4:30 p.m. on the tenth day after service thereof.
(b) In cases involving general, special general, special, or runoff elections the complaint shall be heard by the supreme court in which the complaint was filed as soon as it reasonably may be heard. On the return day, the court, upon its motion or otherwise, may direct summons to be issued to any person who may be interested in the result of the proceedings.
At the hearing, the court shall cause the evidence to be reduced to writing and shall give judgment, stating all findings of fact and of law. The judgment may invalidate the general, special general, special, or runoff election on the grounds that a correct result cannot be ascertained because of a mistake or fraud on the part of the voter service center officials; or decide that a certain candidate, or certain candidates, received a majority or plurality of votes cast and were elected. If the judgment should be that the general, special general, special, or runoff election was invalid, a certified copy thereof shall be filed with the governor, and the governor shall duly call a new election to be held not later than one hundred twenty days after the judgment is filed. If the court shall decide which candidate or candidates have been elected, a copy of that judgment shall be served on the chief election officer or county clerk, who shall sign and deliver to the candidate or candidates certificates of election, and the same shall be conclusive of the right of the candidate or candidates to the offices. [L 1973, c 217, §1(bbb); am L 1979, c 133, §6; gen ch 1985; am L 1998, c 22, §3 and c 123, §1; am L 2021, c 213, §32]
Rules of Court
Costs, see HRAP rule 39; collection of costs and fees by appellate clerk, see HRAP rule 45(e).
Case Notes
Where plaintiffs had opportunity to correct irregularities in ballot prior to the election, they cannot complain afterward. 61 H. 179, 599 P.2d 286.
Plaintiffs failed to meet burden of demonstrating that irregularities in voting procedures for OHA trustees either could have caused a difference in election outcome or could have precluded the correct result from being ascertained. 84 H. 383, 935 P.2d 98.
The twenty-day provision of subsection (a) is mandatory, and the "no later than 4:30 p.m." provision of subsection (a) is directory; thus, plaintiff's complaint filed at 4:32 p.m. on November 24, 2008 was filed within the time provisions of subsection (a). 119 H. 337, 198 P.3d 124.
Where plaintiff made no showing that defendant was under any obligation to debate plaintiff, the refusal to debate was not an error, mistake, or irregularity that would have changed the results of the election; thus plaintiff failed to meet plaintiff's burden of demonstrating errors, mistakes, or irregularities that could have caused a difference in the election results and the remedy of ordering a new election with televised debates was not authorized by subsection (b). 119 H. 337, 198 P.3d 124.
Structure Hawaii Revised Statutes
11-1.5 Office of elections established.
11-2 Chief election officer; duties.
11-2.8 Publication of election notices.
11-6 Petitions; withdrawal of signatures.
11-7.5 Duties of the elections commission.
11-8 Elections commission; political activities.
11-8.5 Elections review program.
11-10 Candidates for public office; public service announcements; public funds.
11-10.5 Statewide voters with special needs advisory committee.
11-10.6 County voters with special needs advisory committees.
11-12 Age; place of registering.
11-13 Rules for determining residency.
11-14 General county register; restrictions in use.
11-14.5 Residence address; confidentiality.
11-14.6 REPEALED. L 1997, c 157, §3.
11-15 Application to register.
11-15.3 Application to register electronically.
11-15.5 Duties of all state agencies; voter registration.
11-15.7 Automatic registration.
11-16 Application when not made in person.
11-17 Removal of names from register, when; reregistration.
11-18 Transfer of registration on removal from one precinct to another in same county.
11-19 Registration from one county to another.
11-20 Transfers; name changes; initiated by clerk.
11-21 Change of name, transfer on election day.
11-22 Changing register; correction of errors.
11-23 Changing register; striking names of disqualified voters.
11-25 Challenge by voters; grounds; procedure.
11-26 Appeal from ruling on challenge; or failure of clerk to act.
11-41 Boards of registration, appointment, tenure.
11-52 Hearing; decision final.
11-53 Decision, notice; action on.
11-61 "Political party" defined.
11-62 Qualification of political parties; petition.
11-63 Party rules, amendments to be filed.
11-64 Names of party officers to be filed.
11-65 Determination of party disqualification; notice of disqualification.
11-77 Appointment of watchers; service.
11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.
11-92.5 Minimum number of precincts.
11-96 Records prima facie evidence.
11-97 Records open to inspection.
11-98 Forms and materials used in elections.
11-99 Members of Congress, applicability of election laws.
11-101 Elections eligible to be conducted by mail.
11-102 Procedures for conducting elections by mail.
11-103 Public notice of mailing.
11-104 Ballot instructions; ballot return.
11-106 Deficient return identification envelopes.
11-107 Electronic transmission under certain circumstances.
11-109 Voter service centers; places of deposit.
11-110 Election expenses and responsibilities for elections by mail.
11-111 Official and facsimile ballots.
11-114 Order of offices on ballot.
11-115 Arrangement of names on the ballot.
11-116 Checking ballot form by candidates and parties.
11-117 Withdrawal of candidates; disqualification; death; notice.
11-118 Vacancies; new candidates; insertion of names on ballots.
11-118.5 Constitutional amendments, proposed; attorney general statement.
11-131 Voter service center hours.
11-132 Two hundred foot radius.
11-137 Secrecy; removal or exhibition of ballot.
11-153 More or fewer ballots than recorded.
11-154 Records, etc.; disposition.
11-155 Certification of results of election.
11-156 Certificate of election and certificate of results, form.
11-158 Mandatory recount of votes.
11-171 Applicability of this part.
11-172 Contests for cause; generally.
11-175 Powers of supreme court; costs.
11-182 Election expenses when no county elections.
11-183 Election expenses when no state elections.
11-191 to 11-213 OLD REPEALED. § §11-191 to 11-225 REPEALED.
11-311 Campaign spending commission established; composition.
11-314 Duties of the commission.
11-316 Political activities prohibited.
11-321 Registration of candidate committee or noncandidate committee.
11-322 Organizational report, candidate committee.
11-323 Organizational report, noncandidate committee.
11-325 When an individual may not serve as a committee officer.
11-326 Termination of candidate committee's or noncandidate committee's registration.
11-327 Ballot issue committee; contributions and expenditures.
11-331 Filing of reports, generally.
11-333 Candidate committee reports.
11-334 Time for candidate committee to file preliminary, final, and supplemental reports.
11-335 Noncandidate committee reports.
11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.
11-337 Reporting expenditures.
11-338 Late contributions; late expenditures; report.
11-340 Failure to file report; filing a substantially defective or deficient report.
11-341 Electioneering communications; statement of information.
11-342 Fundraiser; notice of intent.
11-344 Sale or use of information.
11-351 Contributions, generally.
11-352 False name contributions prohibited.
11-353 Anonymous contributions prohibited.
11-354 Fundraising on state or county property prohibited.
11-355 Contributions by state and county contractors prohibited.
11-356 Contributions by foreign national or foreign corporation prohibited.
11-357 Contributions to candidate committees; limits.
11-358 Contributions to noncandidate committees; limits.
11-360 Contributions to a party.
11-361 Aggregation of contributions and expenditures.
11-362 Contributions limited from nonresident persons.
11-363 Other contributions and expenditures.
11-364 Excess contribution; return; escheat.
11-371 Loan to candidate committee.
11-372 Reporting loan; written loan agreement.
11-373 Noncandidate committee loan prohibited.
11-381 Campaign funds only used for certain purposes.
11-382 Prohibited uses of campaign funds.
11-384 Disposition of campaign funds; termination of registration.
11-403 Notice of complaint; opportunity to explain or respond to complaint.
11-404 Initial determination by the commission.
11-405 Preliminary determination regarding probable cause.
11-406 Waiver of further proceedings.
11-407 Contested case hearing.
11-409 Final determination of violation; order.
11-410 Administrative fines; relief.
11-421 Hawaii election campaign fund; creation.
11-423 Voluntary expenditure limits; filing affidavit.
11-425 Maximum amount of public funds available to candidate.
11-426 Candidate exceeds voluntary expenditure limit.
11-427 Reserving use of contributions.
11-428 Eligibility requirements for public funds.
11-429 Minimum qualifying contribution amounts; qualifying contribution statement.
11-430 Application for public funds.
11-433 Post-election report required.
11-434 Post-election examination and audit; return of funds.