Voting-related Litigation: Hawaii

1. Emil Svrcina, et al. v. Scott Nago, et al.

(Filed November 23, 2020, SCEC-20-0000721; Dismissed December 8, 2020; Cert. denied March 22, 2021, 20-974)

Hawaii Supreme Court: Emil Svrcina, et al. v. Scott Nago, et al., was filed in Hawaii Supreme Court on November 23, 2020. The case was to challenge the elections of August 2, 2020, the Primary Election, and November 3, 2020, the General Election, over purported voting irregularities. Plaintiffs were candidates for state and local offices in the Primary Election and/or the General Election.

The case was assigned to the Hon. Mark E. Recktenwald, a Republican appointee, the Hon. Paula A. Nakayama, the Hon. Sabrina S. McKenna, and the Hon. Michael D. Wilson, all Democratic appointees, and the Hon. Fa’auuga To’oto’o, a Republican appointee. On December 8, 2020, the court dismissed Plaintiffs’ complaint because it was untimely and Plaintiffs did not have standing. Four motions for reconsideration were filed but were all denied on December 22, 2020.

US Supreme Court: Plaintiffs filed a Petition for Writ of Certiorari in the US Supreme Court on January 5, 2021. Petitioners argued that their constitutional rights were violated when their complaint was dismissed for untimeliness and when their motions for reconsideration were denied. On March 22, 2021, the Supreme Court denied the petition.

Outcome: The Plaintiffs lost.

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