Two members of the Hawaiʻi Elections Commission asked the state’s highest court on Friday to force the deadlocked panel back to business after a four-month standstill. “Why are we here? Why can’t this be done by rational people that are trying to serve the public?” Acting Chief Justice Sabrina McKenna asked during oral arguments at Aliʻiōlani Hale, as civilbeat.org reported.
Justices Question Elections Office Arguments
All five justices appeared dismissive of arguments presented by Aaron Schulaner, the general counsel for the Hawaiʻi Office of Elections. Schulaner defended why the commission has been unable to resume work following the June 30 expiration of its previous chair’s term. The elections office contends that the appointed panel must either pick a new chair or assemble a majority of commissioners to organize a public meeting. Associate Justice Todd Eddins described the situation as a Catch-22 because the commission lacks a leader due to a political division, yet requires a majority vote just to schedule a meeting.
Schulaner maintained that five members are needed to order the office into action unless the high court intervenes. He told the justices that the staff, run by Chief Election Officer Scott Nago, serves strictly in an administrative capacity and cannot unilaterally force the panel to convene.
Disputes Over Contact Lists And Communication
Commissioners Ralph Cushnie and Tamara McKay filed the lawsuit, claiming the elections office has blocked the panel from meeting. A core dispute centers on how commissioners communicate. The eight unpaid volunteers rely on a private email list controlled by the elections office support staff. Cushnie told the court he has been unable to obtain those addresses, leaving him with no way to contact fellow members to schedule a gathering. Cushnie and McKay argued that a single commissioner should have the authority to ask the office to set up a meeting.
Schulaner disputed the blockade claim, stating that only the commission itself holds the authority to order action. When Eddins asked whether Cushnie and McKay could find three other commissioners to join their cause, Cushnie questioned whether meetings would halt permanently if a five-member threshold remains unmet.
Acting Chief Justice McKenna expressed bewilderment at the stalemate during an election year. She noted that the panel faces a backlog of complaints and must evaluate Nago’s job performance in the two months following the November 3 general election.
Court Intervention And Commission Vacancies
Eddins questioned Schulaner regarding the role of the chief justice in appointing a ninth member or a chair if a vacancy persists past 15 days. Schulaner responded that filling the final seat depends on statutory interpretation and constitutes board business for the commission to decide.
McKay told the court that she and Cushnie, both appointed by Republicans, are not trying to control the politically divided commission. “We need to be responsible,” McKay said. “We are here for the people.”
Frequently Asked Questions
When did the previous commission chair’s term end?
The last chair finished his term on June 30, and the deadline to select a successor has passed without agreement.
Who filed the lawsuit against the elections office?
Commissioners Ralph Cushnie and Tamara McKay filed the legal action, docketed as Cushnie and McKay v. Nago, asking the Hawaiʻi Supreme Court to intervene.
What upcoming duty does the commission face regarding the chief election officer?
Acting Chief Justice Sabrina McKenna noted that the commission is required to evaluate the job performance of Chief Election Officer Scott Nago in the two months following the November 3 general election.
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