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Case ID: SCEC-14-0001317
Title: THOMAS WATERS, a/k/a TOMMY WATERS, Petitioner, vs. SCOTT NAGOHAWAII OFFICE OF ELECTIONS; and BERNICE K.N. MAU, in her officialCounty of Honolulu, Respondents.
Filing Date / Time: MONDAY, NOVEMBER 24, 2014 01:09:28 PM
Filing Parties: James Kawashima
Case Type: Election ContestLead Document(s): Complaint
Supporting Document(s):
This notification is being electronically mailed to:
James Kawashima( [email protected] )
The following parties need to be conventionally served:
Bernice K.N. MauScott Nago
Aaron Schulaner
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NO
IN THE
SUPREME
COURT OF
THE STATE OF
HAWAII
THOMAS
WATERS,
alkla
TOMMY
WATERS
Petitioner,
SCOTT NAGO, Chief Elections
Officer; STATE
OF HAWAII OFFICE
OF
ELECTIONS;
and BERNICE K.N.
MAU,
in her
official
capacity
as
the
City
Clerk of
the
City & County
of
Honolulu
Respondents
VS
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
COMPLAINT
DECLARATION OF THO
MAS WATERS
EXHIBITS
'fA
-
H
CERTIFICATE
OF SERVICE
JAMES
KAWASHIMA,
ESQ,
#1145
Topa Financial Center,
Fort Street
Tower
745
Fort Street, Suite
500
Honolulu,
Hawaii 96813
Telephone No:
(808)
275-0300
Facsimile
No:
(808)
275-0399
Address:
Attorney
for
Petitioner
Thomas
Waters
Electronically Filed
Supreme Court
SCEC-14-0001317
24-NOV-201401:09 PM
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COMPLAINT
The
petitioner,
THOMAS
WATERS, a/k/a/
TOMMY WATERS,
by
his attorney
James
Kawashima, Esq., hereby complains and avers as follows:
INTRODUCTION
1, This is an original action
by
the
petitioner
before the
Hawaii
Supreme
Court to contest,
for
cause,
the
respondents'
conducting
of
the
following
general
election,
including
the
reported
results
of
the
November
4,2014
general
election to determine
who shall be the councilmember
for the elective
office of City and County
of
Honolulu
Council
District 4
( District
4 election ),
wherein the respondents erroneously
reported said election's
results
to
be
that
candidate
Trevor Ozawa
prevailed
over
candidate
Waters
by
41 valid ballots
cast,
when
in fact respondents
miscounted or
misapplied
more than
41
valid
ballots cast therein
thereby
causing a situation
that
could have caused
a
difference
in
the election
results.
2.
ln summary,
petitioner
THOMAS
WATERS
( Waters )
avers that
said
results
should
not be
certified,
and that either
(1)
a new
general
election
be
conducted
if
there
is an
abnormality
that
is such that
the
correct result
of election
cannot
be ascertained,
or
(2)
a
particular
candidate won the
election
if after
correcting
the
election
abnormality that could
have
caused a
difference
in
the
election
results,
a
winner
of the election
can be ascertained.
3. Count
I
of
the complaint
avers that the
respondents
miscounted
74 ballots cast
as being
totally blank
in regards
to voting
in
the
District
4
election,
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when
those
74 ballots
had
actually
been validly cast
for either candidate
Waters
or candidate
Ozawa,
with said
miscounting being
a cause,
within the
meaning of
HRS,
51
1-172, that could
cause a difference
in
the
outcome of the
District
4
election.
The
petitioner prays
that the supreme
court should
order that the
4,455
allegedly
totally
blank ballots be
manually counted
in an
honest and
fair
manner
by human
beings to determine
which of
those
4,455
supposedly
totally blank
ballots
were actually
the74
ballots
which
were
validly cast
in
the
District
4
election, re-tally the
vote in the District 4 election
based on the
result of counting
these 74
validly cast ballots were first erroneously determined
to
be
totally
blank,
with the supreme court
declaring
who
actually
prevailed
in
the
District 4 election
after
construing
this
re{ally
of
votes.
4. Count
ll
of
the complaint avers
that the
respondents
mishandled
the
11 overages and 39
underages
which
existed
in
the
District 4 election.
This
mishandling
of
the overages
and underages could
have caused
a difference
in
the election
outcome
in the
District 4
election.
ln
both
manual and
machine
elections,
HRS,
S1
1-153
defines an
overage as a situation
where
there
are
more
ballots cast than the
poll
book
indicates
were
issued.
An overage occurs,
rnfer
alia,
in the
ballot
stuffing
situation,
i.e., when
someone
pilfers
ballots,
marks the
pilfered
ballots
and
intermingles
these
pilfered
ballots
with
ballots
which
have
been
validly
cast,
An
underage
occurs,
inter alia,
in
the
ballot
destruction
situation,
i.e.,
when someone
obtains
and sees
which candidate
is voted
for on a
validly cast
ballot, dislikes
that
vote and
then
destroys
the
validly cast ballot.
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HISTORICAL
BACKGROUND
5. Upon completion
of the
General
Election on November4,
2014,
petitioner,
through his counsel James Kawashima,
caused
to
be
sent by
U.S.
Mail and
by
facsimile
transmission to the
Office of
Elections a
letter
dated
November
10,2014
(See
Declaration of Thomas
Waters attached
hereto),
requesting information including:
a.
What the
margin of error for
the
system utilized
by
the Office of
Elections;
b.
That the overage and underage
figures
for each precinct
in
our district
be verified;
c. The 4,451
reported
blank
votes/ballots
be investigated
for
accuracy and
validity;
d.
The 16
over
votes
be
reviewed in accord
with
operating
procedures
by
which
you
are
governed;
and
e. As there
may be other tests
and
investigative
processes
that
are
available to
you
that
may
be
applied/utilized to
verify the
results,
we were
not limiting our requests
in any
way
by
making the
foregoing specific
requests.
6.
As
there
was absolutely
no
response, even
to
acknowledge
receipt of our
inquiry, on
November
13, 2014, a
second
letter
(see
Declaration
of
Thomas
Waters)
was transmitted
to the same
addressee by
U.S. Mail
and
facsimile transmission
indicating
:
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a.
Our concern that
nothing had been
heard from the office,
even
the
courtesy
of
an
acknowledgement;
b.
Our
concern
that the deadline
by
which
action
needed
to
be
taken
was rapidly approaching;
c.
A
plea
to be
informed
as to
where the Office
was in
responding
to our
requests;
d, A request that
the Office agree to an
extension
of
time,
if
allowed
by law, within
which to
file;
and
e.
An offer
to
meet personally
to
discuss
these
matters;
7.
As there was again,
absolutely
no response to our
repeated requests
for
information,
petitioner,
on
November
14,2014
caused to
be
sent
by e-mail
transmission
a
THIRD
plea
for
information
see
Declaration
of
Thomas
Waters).
8.
Then, and only
then, on that
same afternoon, on
November
14,2014
did the
Office of
Elections reply, with
a
terse
reply devoid of any
meaningful
information and
further devoid of
answers to almost
all of the
questions
previously
posed
See
declaration
of Thomas
Waters).
9.
Thereafter, other
correspondence
was
received from the Office of
Elections on:
See
declaration
of Thomas
Waters)
a.
An emailed
letter
dated
November 19,2014, the
Office
of
Elections
provided
a copy
of the Statewide
Summary
and a
matrix of the
overages and
underage
for each
precinct
in Honolulu City
Council
District
lV.
The state
wide summary
had
not
changed
from
what
had been
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reported
the day following
the
General
Election.
The
matrix
indicated an
overage total
of 13 and
underage total of
39;
b.
Later the same
day the Office
of Elections
emailed
another
letter dated
November
19 2014.
The
letter
was
identical to
the
previous
letter
dated
the
same
day however
the statewide
summary
was
different.
The
number of
votes had changed
with
no explanation
whatsoever.
Candidate
Ozawa
gained
four
votes to
16 374
Candidate
Waters
gained
nine votes to
16 333 the blank
votes
increased to
4 455
and the
over
votes
remained the same
at
16.
The
race
was
now separated
by
41
votes;
c. On
November
20
2014
the
Office
of
Elections
emailed a
fourth
letter enclosing
an updated
version
of
the
overages
and
underages
for
the
Honolulu
City
Council
District
lV
race.
The
overage
of two
absentee
mail ballots
in
District/Precinct
22-02 has
been
reduced
to zero ballots
due
to two
federal
write-in absentee
ballots
that
were counted
but
were not
initially
recorded
as
received;
None of the
foregoing
letters responded
to all
of the information
requested
and one even
quoted
INCORRECT
figures
between
what
was
contained
in that letter
and a cursory
reference
to
the
Final Survey
of
Votes.
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JURISDICTION
AND TIMELINESSS
10. The above
entitled
court
has
jurisdiction
over
this
matter
under
HRS,
SS1
1-172 and
11-174.5. Said statutory
provisions
provide,
in
pertinent
part,
that,
inter
alia, a
contest to the
results to the instant
general
election
shall
be
for cause and shall
be
filed with the above entitled
court
not
later
than
the
twentieth day following
the
general
election
being contested.
11. ln the
present
case, the
general
election
being contested
was
conducted
on Tuesday,
Novemb
er
4,
2014.1
Under
HRAP,
Rule 26(a), statutory
deadline for
filing
is November
24.
The
instant
complaint
has been timely
filed,
since it
was
filed on
Monday, November
24,the twentieth
day
following the
foregoing
general
election,
The above entitled
court has
originaljurisdiction
over
this matter
under HRS,
SS
11
-172
and
11-174.5 because
the
instant cause
of
action concerns
the contesting,
for
cause,
of the
results of the
foregoing
general
election.
PARTIES
12.
Petitioner
Waters was a candidate
in the
foregoing
general
election for the elective
office of
councilmember
for
District
4
of the City
County
of
Honolulu Council,
and resides
within
District 4.
13.
Respondents Scott
Nago,
in his capacity
as
the
Chief
Election
Officer of the
State of
Hawaii, and
State of Hawaii Office
of
Elections are,
pursuant
to
HRS, Chapter
11,
responsible
for the conducting
of all State
of
t
Hereinafter,
unless
otherwise
noted, all
dates shall
refer
to
ihe
year
2014,
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Hawaii elections for all elective
governmental
offices
for
all State
of Hawaii
(State).
ln
addition,
said respondents are
responsible
to and/or
have in
practice
or
pursuant
to
an agreement
materially aided the
municipal and county
governments
in the State
of Hawaii conduct
their
elections
for
elective
offices
in
their
respective
governments,
including
but
not limited to
tallying the
ballots
cast
in said
municipal and/or county
elections and
reporting the election
results
thereof.
Said
respondents
reside in
and
have their
principal
place
of business
in
the
State.
COUNT I
14.
On or
about
November
4,
respondents
chief elections
officer
Nago,
office
of elections
and city clerk
Mau conducted
a
general
election
to
determine
,
inter
alia, who shall
be elected
as
the
councilmember
for District
4.
Petitioner
Waters and
Mr. Trevor Ozawa
were candidates
in
said
general
election
contest
for District
4.
15. Said
respondents
tabulated
the
ballots
cast and
reported
in
the
latest
final
tally
of ballots
cast
given
to
petitioner
on November
19,
(as
demonstrated
infra, this
latest
final
tally
conflicts
with
the
respondents'first
final
tally by
16 ballots)
that the result
of that
District
4
election
was allegedly
that:
(a)
16,374
valid ballots
were cast
for candidate
Ozawa;
(b)
16,333
valid
ballots
were cast
for
candidate/petitioner
Waters;
(c)
4,455
totally blank
ballots were
cast;
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(d)
16 ballots
were cast
where
the
voter cast a
vote for
both
candidates
Ozawa and Waters;
(e)
An
HRS,
511-153
overage of
11
ballots/votes
existed;
and
(0
An
HRS, S11-153 underage of 39 ballots/votes existed.
16. ln actuality
,74
of
the ballots that
were
cast
which
the
respondents claimed were totally blank
were actually cast
for either candidates
Ozawa,
Waters or both Ozawa
and
Waters;
17.
The foregoing fact that
74
of
the so-called totally
blank
ballots
were
actually cast for either candidates Ozawa,
Waters or
both Ozawa
and
Waters,
is
buttressed by
the
State
of
Hawaii Legislative
Auditor's
1999
Report
of
the
Election
Oversight Committee
(see
declaration of
Thomas Waters)
wherein
the
Legislative Auditor's
fact finding concluded that:
Blank
votes
occ
ur when a voter
does
not
select
a candidate
in
a
race
or
mismarks a
ballot. ES&S explained
that the blank
vote count
was higher on the
lF central counters
because thev
fthe
electronic
ballot countinq
machinesl do
oick
uo
lreadl
maroinal marks
Report
at
p.
19
The report went
on
to
give pictorial
examples
where
such
partially
marked ballots did
not
fully
black out the
oval on the ballot
which
is
supposed
to
be
totally
blacked
out, Some
of
these
examples showed that
the
box
to
be
blacked
out had a check
mark
in
it,
an
X
mark
in
it
(in
prior
Hawaii State
elections
an
X
mark
was required to be
made in the box),
or had a
line through
the
box next to the
name of
the candidate
who
was
being
voted
for;
18, This
Legislative
Auditor's
report
made a factual
finding that
0.2%
of all voters
mismarked
their
ballots
in
the
manner stated above.
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Respondents
reported that 37,178
valid,
blank
and
over
vote
(both
candidates
were
voted
for) ballots were cast). Two tenths
of a
percent (0.2%)
of
said
ballots
cast equals
74
ballots,
Using
the
Legislative Auditor's
foregoing
finding of
fact,
it
is
clear thal74
blank
ballots
were actually cast
for either
candidates
Ozawa,
Waters or both
Ozawa
and
Waters,
but
were
counted
as
totally blank
because
the electronic
reading machines utilized
in
the
foregoing
election
were not acute
enough to
detect the ballots
whose boxes were
not totally
blacked out
but
where
the
voters' choices of candidates
were
clear;
19.
The
foregoing
is
also supported
by
the following circumstantial
evidence
and legal
inference. On or about
November
10,
petitioner's
campaign
chairman
and attorney,
James
Kawashima, inquired
in
writing
to respondents
Nago and State
Elections Office
that they
investigate
the
4,451
reported
'blank'
votes for accuracy
and validity
and report the
results of
said
investigation
to
Mr.
Kawashima.
Said
respondents
have
possession,
dominion
and control
over the
blank
ballots
for the
instant District 4
general
election.
As
of
the
date of
the
filing of
this
complaint,
none
of
the
respondents
have, much
less the
foregoing
respondents
who have
possession,
dominion
and
control over
the
blank
ballots
for the
instant
District
4
general
election,
have
responded to
Mr. Kawashima's
foregoing
request
for
information regarding
a closer
examination
of
the
blank
ballots
to
discern whether
said ballots
were
indeed cast
for a candidate
in
the
District 4 election;
20. lt is a well established
legal
inference and
conclusion
from
circumstantial
evidence
that
when a
party
who
has
possession,
dominion
or
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control of crucial evidence
fails
to
disclose
that
crucial
evidence,
it is legally
inferred
and
concluded
in
giyi
cases2
that the withheld
evidence,
if
produced
would be adverse
to the
party
in
possession
of the
withheld evidence
and
would
materially support
the case
of
the
party
requesting the
evidence, e.9.,
lnterstate
Circuit
v.
U.5., 306 U.S.
208,226
(1939),
ln applying this
well established
inference,
n
Anderson
v.
lJ.S.,
185 F.2d 343
(Sth
Cir.
1950)
in applying this
inference
against
Anderson opined as
follows:
"The
intent necessary
in the case
may
be
inferred as a
matter of
circumstantial
evidence
from
the facts
(citations
omitted).
The
pertinent
and controlling evidence was
within
his knowledge
and it
was
within
his
power
to
explain the circumstances
connected
with
the
transaction,
yet
he
declined
to testify.
"His
silence
may well count against
him,
as
against any other civil
litigant.'
(citation
omitted);"
21.
Thus
in
the
instant
case,
the foregoing
inference and
circumstantial evidence
clearly supports
the
Legislative
Auditor's
finding
of
fact
that74
"blank"
votes
were actually cast
for
either
candidates Ozawa,
Waters or
both Ozawa and
Waters;
22.
Further evidence
of
the
respondents' misconduct
or at the
very
least
negligence vis--vis the tallying
of ballots
cast is the switching
or shifting
results
of the election
for
District
4. lnitially,
respondents'
"final"
tally
of District
4
ballots was: Ozawa
=
16,371;
Waters
=
16,324;
Blank
=
4,451;
Over
Votes
=
16.
However, on
November
19, respondent Office
of Elections
issued a
letter to
Mr.
Kawashima
which
attached to
it what
respondent Office of
Elections described
in
2
Of course
in criminal
cases,
the constitutional
right
against
self incrimination
prevents
such an
inference
from
being
reached.
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its letter
as
a
copy
of the
final Statewide Summary
(new
final tally).
ln
the
November
19 new final
tally: candidate
Ozawa
had
gained
3 ballots
cast;
candidate/petitioner
Waters
gained
9 ballots cast;
Blank
votes
gained
4
ballots
cast;
and
Over
votes remained the same
at 16 ballots
cast.
This
resulted in
narrowing
the
gap
between
candidates Ozawa
and
Waters down
to
41 ballots
cast
from 47
ballots
cast.
This new
final tally added
4
new supposedly
blank
ballots.
This new final
tally added
16 new
ballots
cast
to the total
amount
of
ballots cast.
This
latest discrepancy,
when added
to the multitude
of
errors
committed
by
the
respondent clearly warrants
the
factual finding that
the at
least
74
blank
ballots which
were
actually
cast for
either
candidates
Ozawa,
Waters
or both
Ozawa
and
Waters;
23.
HRS,
511-172
provides
that
a
petitioner
successfully
contests
the
results of an election,
such as the
general
election
at bar,
if the
petitioner
demonstrates
that
the
respondents engaged
in
improper
conduct,
the
result
of
which
could
cause
a difference
in the election
results.
24.
ln Akizaki
v.
Fong,51
Haw. 354
(1969),
this
court
interpreted
and
applied a
more stringent criteria
for overturning
an election
which
existed
in
the
predecessor
of HRS,
S11-172
in a
general
election
context
and
held that
where
votes that were
invalid because
said
votes
were
submitted
in a tardy
manner were
inextricably
intermingled
with
votes that were
valid
because
they
were
timely submitted,
with said
invalid
votes
being
in an amount
that
exceeded
the difference
in
the difference
in votes
between the
candidate
who had
enough
t2
8/10/2019 Petition to Hawaii State Supreme Court
14/78
votes to
win
the election
and the
candidate
who
had
the
next less
votes, a
new
election
shall be ordered.
25.
By reason
of
the
premises,
the
petitioner
contends
that the
criteria
in
HRS,
51
1-172 HAVE
BEEN MET. The fact
that there
are 74 ballots
that
were cast for either candidates
Ozawa, Waters
or both
Ozawa and
Waters
but
were
counted
by
the
respondents as totally
blank, definitely
is
cause
that
is
sufficient to
find
that
said actions
could have caused
a difference
in
the election
results;
26.
HRS,
51
1-174.5 provides
that
if
the
mistake
or
fraud
of
the
respondent
which could
have caused a difference
in
the
election
results
is
of
such a
nature that
a
correct
result
[of
the election]
cannot
be ascertained,
then
a
new
election
shall be
ordered.
That statutory
provision
further
provides
that
if
the
mistake or
fraud is
of
a nature that after
it
is corrected
or
remedied,
a
certain
candidate
or certain
candidates
received a
majority or
plurality
of the
votes cast
and
were
elected,
than
a
judgment
shall
be served upon
the
chief election
officer
or county
clerk,
who
shall
sign and deliver
to the candidate
or candidates
certificates
of
election,
27.
ln
the
instant case,
once the
respondents
mistake or
fraud of
tallying
74 ballots casted
for either candidates
Ozawa,
Waters
or
both
Ozawa
and
Waters as
totally blank ballots
is
corrected
by counting
by
hand all of
what
the
respondents
deemed
to
be
blank
ballots,
with
witnesses
from
both
candidates
being
present
to observe
the
hand
counting
of said
blank
ballots,
then the
Supreme
Court
can
readily discern
which candidate
received
a majority
13
8/10/2019 Petition to Hawaii State Supreme Court
15/78
of the
valid
ballots
cast.
Thus,
after the foregoing correction
is made, the
supreme court should discern
whether
candidate
Ozawa or candidate
Waters
received a majority of the valid ballots cast, and
thus was elected
as
councilmember
for District
4.
After
making
such
a
determination, the
Supreme
Court should
issue
a
judgment
to that
effect
and deliver the
same
to
respondent
City Clerk
with
the
order
that
she shall issue a certificate
of election
to the
candidate who
was elected.
COUNT
II
28.
The
averments
set forth, supra,
in
paragraphs
1 through
27 are
re-alleged
in
this count
ll
of
the complaint.
29.
The respondents admitted
that there
were
11
overages
within
the
meaning of HRS,
S11-153.
Thus,
1
1 more ballots
were issued and
voted
than
the
amount
of
ballots that
were
supposed
to have been
issued and
voted
according to the
District 4
poll
books.
30.
The
respondents admitted
that there
were 39 underages
within
the meaning of
HRS,
S11-153.
Thus,
39
ballots which
were validly issued and
voted according the District
4
poll
books
disappeared
and
were
not
counted.
31.
The foregoing indicates
that 50 ballots that
issued and
voted
were
intermingled with valid
ballots that had been
voted, and counted
when they
were not
supposed
to
have
been counted,
or
were
issued and
voted and
yet
not
counted
when they
were
supposed
to
have been counted.
t4
8/10/2019 Petition to Hawaii State Supreme Court
16/78
32.
Petitioner
Waters
contends that
the criteria
in HRS,
511-172
have been met,
inasmuch as the foregoing fraud or
mistakes of
the
respondents
in
counting
ballots
11 ballots that should
not have been counted
and
not counting
39 ballots that should have been
counted
could
have caused
a difference
in
the
results
of the
District 4
election.
This
is
especially
so, since
HRS,
S1
1-172 and
S1
1-153
gives
the specific examples
of
the counting
of
HRS,
S1
1-153 overage
ballots and
not
counting
HRS,
S153
underage ballots
as being causes
for the
invalidation of election
results.
These frauds or
mistakes are of such a
nature
that
the correct
result
of
the election cannot be ascertained.
33.
By reason of the
premises,
the
Supreme Court
should order
that a
new election shall be conducted
for the office of
District
4
councilmember,
The Supreme Court
should order that
this
new
election shall
be by mail-in ballot
only so as
to
economically
remediate this already
costly error of the
respondents.
WHEREFORE,
petitioner
Waters
prays
that
this
court:
1.
Order
that a count of the so-called
blank
ballots cast
in
the
District
4
election
be hand
counted to determine
who was actually
voted for on
these so-called
blank
ballots, and based
on
the
results thereof,
determine
who
was
elected
as
the
District
4
councilmember,
and
issue an
order to
respondent City Clerk ordering
her
to
issue a certificate
of
election
to
that
elected
person.
2.
ln the alternative,
petitioner
Waters
prays
that a
new
general
election
be
conducted
for
District 4
via
mail-in ballots only,
with the respondents
15
8/10/2019 Petition to Hawaii State Supreme Court
17/78
being ordered
to
correctly tally
said
ballots
and
issue a
certificate
of
election to
the winner thereof.
3.
Petitioner Waters
further
prays
that this court
order
that the respondents
herein
be
ordered to
pay
the
petitioner
all
costs
incurred
in
prosecuting
this
matter,
including
but
not limited to
reasonable attorney s
fees; and
order such
further relief that this court deems
just
and
proper,
including,
but
not limited to:
a.
Ordering
the
Office
of
Elections to
fully cooperate
with
petitioner
in
answering the various
questions
posed in previous
correspondence;
b.
Allowing
petitioner
to
view
various
results
of
the election,
including
any documents and/or
instruments utilized
in tallying
the
final
results; and
c.
Allowing
petitioner
to complete
a minimal
amount of discovery
over
a
period
of time not to
exceed two calendar
weeks,
assuming the
Office
of Elections
cooperates
with
petitioner.
Dated:
Honolulu, Hawaii,
November
24,2014.
/S/
JAMES
KAWASHIMA
JAMES KAWASHIMA,
ESQ
Attorney
for
Petitioner
16
8/10/2019 Petition to Hawaii State Supreme Court
18/78
NO
IN THE SUPREME COURT OF
THE STATE OF
HAWAII
THOMAS
WATERS, alkla
TOMMY
WATERS
Petitioner,
SCOTT NAGO, Chief
Elections
Officer; STATE
OF
HAWAII
OFFICE OF
ELECTIONS;
and
BERNICE K.N. MAU,
in her
official
capacity as
the City
Clerk
of
the
City & County
of Honolulu
Respondents
DECLARATION OF
THOMAS
WATERS
THOMAS WATERS, hereby
states and declares
as follows:
1.
I
am
the
Petitioner
in the above-entitled
matter.
2. t
make the declarations
herein on
personal
knowledge.
3.
Attached
as
Exhibit
4
is
a true and
correct copy of
a letter
from
James
Kawashima to Scott
Nago dated November
10,2014.
4. Attached as
Exhibit
r'8
is
a
true and
correct
copy
of
a
letter
from
James Kawashima
to Scott
Nago
dated November 13,2014.
5.
Attached as Exhibit
rC
is
a
true and correct
copy of an
to
Scott
Nago
dated
November
14,2014.
VS.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
8/10/2019 Petition to Hawaii State Supreme Court
19/78
6. Attached
as
Exhibit
D
is
a true
and correct copy
of a
letter
from
Scott
Nago
to James Kawashima
dated
November
14,2014.
7.
Attached
as
Exhibit E
is a
true
and
correct
copy
of a letter
from Scott Nago to James Kawashima dated
November 19,2014.
8. Attached as
Exhibit
F
is a true
and
correct
copy
of a letter
from
Scott
Nago
to
James Kawashima dated November
19,2014.
8.
Attached as Exhibit
rrc
is
a true
and correct copy of
a
letter
from
Aaron Schulaner to James
Kawashima dated November 20,2014.
9.
Attached as Exhibit
'H
is
a true and correct
copy of the
Report of
the
Election Oversight Gommittee on
the
Audit
of
the
1998
General
Election
dated
March 31, 1999.
I
declare under
penalty
of
perjury
that
the
foregoing
is true and
correct.
Dated:
Honolulu, Hawaii, November
24,2014.
/S/
THOMAS WATERS
THOMAS
WATERS
8/10/2019 Petition to Hawaii State Supreme Court
20/78
J,tUrcS
I(,IWa.SIIIMA
ALC
TRIAL
CONSULTANT
Sender's Informa
Direct:
(808)
275
E-mail:
ik@jkalc
November
10,
2OL4
VTA
FACSTMT
&
U.S.
MATL
Office
of Elections
820
Lehua
Avenue
Pearl
City,
Hawaii
96182
Attention
Mr-
Scott
Nago
Chief El-ections Officer
Re:
Result.s
of 201-4
General Election
f or
a
and
Count
Dear
Mr.
Nago
f am
writing to
you
as
Campaign
Chair
and
Counsel
for
the
Tommy
Waters
Committee for
Cit.y Council.
We would
be remiss
in
noL extendng
our appreciation
for
the fine
work
of
you
and
your
office in carrying out a difficult. election very welt.
As
you
have
said in
Lhe
past.r
/o1r
were
"just
doing
your
job,
"
and
t.hat
was
accomplished
very
well
under
very
trying
circumst,ances.
fn
the case of
our race,
the
outcome
was
decided
on a
report.ed
47
vole dif f
erence
between
my
opponent and myself
.
hlith
a total
turnout
of a reported
3'7,1-62
vot,ers
casting bal1ots,
we
woul-d
think
that difference
t,o
be
well within
the margin
of error
of
the
system
you
utilize.
May
I
ask what
the
margin
of error is
wlth
the
system
utilized?
e
are
t.herefore
requesLing
that
t.he
I'overag:e"
and
Itunderagert
figures for
each
precinct.
in our district
be
verified
and
investgated for possible errors.
We
also
request
that
you
invest.igate
the
4,457-
report.ed
"bfank'r
votes for
accuracy
and
valdity.
While
perhaps
not
rel-evant
Lo
our
inquiry,
we also
request
that the L6rrover
vot.es'r
be
revj-ewed
in
accordance
wt.h
t.he
operating procedures
by
which
you
are
governed.
UHIBff
k
-
opa
Financial
center, Fort street
Tower
.745
Fort street,
sute
5oo
.
Honolulu,
Hawa 96813
.
rEt
808.275.0300
.
FAX
9oa.275.o3gg
8/10/2019 Petition to Hawaii State Supreme Court
21/78
Office
of
Electi-ons
November
10,
201 4
Page
2
Ife
realize
that
there
may
be
other
test.s
and investigat.ive
processes
Lo
be applied
to verify
the results
and
we are
not
limiting our
request
in
any
way
by
making
the
above
specific
requests.
Please
apply
every
test
or process
available to
you
in
making
sure
the result
was
accurate
and valid..
I
provide
contact
information
below
should
you
wsh
to
d.iscuss
any aspect
of
these
requests
with
us
and
further
request
that
you
keep
us informed.
of
your
progress
as
allowed
by
law so
that
we can
be
sure
to
protect
our rights
and
time
limits
by
other means
if
necessary.
Thank
you
for
your
time,
patience
and service to the
people
of
Hawaiti.
Very
truly
k -.
,JAMES
KAhTASHTMA
Tommy
Waters
Campaign
Committee,
Chair
CONTACT
TNFORMATTON:
James
Kawashima,
Esq.
James
Kawashima,
ALC
745
Fort Street, Suite
500
Honolu1u,
Hawai-i
968l-3
(808)
275-0304
(808)
27s-0399
(rax)
j
koj
kalc.
com
Thomas
lVaters
1130
Nimtz
Highway
Suite
B-299
Honolulu, Hawaii
968L7
(808)
354-1-1-78
tommywatersl@me.
com
8/10/2019 Petition to Hawaii State Supreme Court
22/78
J.rvlrcS
l{aw,tsrrlrrtA
ALC
TR IAL
CONSULTANT
Sender s
Informat
Dlrect:
(808)
275-
:
jlgej-l
8/10/2019 Petition to Hawaii State Supreme Court
23/78
J,rurcs
l(ew'sFrrM'
ALC
TRiAL
CONSULTANT
Sender's
Inform
Direct:
(808)
27
:
ik@-ika
November
10,
20L4
VTA
FACSTMTLE
&
.S.
Office
of
Elections
820 Lehua
Avenue
Pearl
City,
Hawaii 96782
Attention
Mr. Scott
Nago
Chief Elections
Officer
Re:
Result.s of 201-4
General Election
for
Citw and
Countw
of
Honolul-u
District 4
Dear
Mr.
Nago:
f
am
writing
to
you
as Campaign
Chair
and Counsel
for
the
Tommy
hlaters
committ,ee
for city
council.
te
would
be remiss
in
not
extending'our
appreciation
for the fine
work
of
you
and
your
office
in
carrying
out, a difficult
election
very well.
As
you
have
said in the pastr
/o1r
were
rrjusL
doing
your job,,'
and
t.hat
was
accomplished
very
well
under
very
trying circumst.ances.
fn
tlre
case
of our race,
Lhe
outcome
was
decided
orl
a
reported
47
voLe
dfference
between
my
opponent
and myself.
With
a
total
turnout.
of
a
report.ed
3i, 62
voLers
casting
ballot,s,
w
would
think
that
difference
to
be
wel-l
within
the
margin
of error
of
the
syst.em
you
uti-lize.
May f
ask
what
the
margin of error
j-s
with the
system
utilized?
We
are
Lherefore requesting
that.
the
"overager
and
'runderag'e't
figures for
each
preci-nct
j-n
our district
be
verified.
and
investgat.ed
for possible errors.
we
also
reguest.
t.hat. you
investigat.e
t.he
4,457-
reported
"blank"
voLes
for
accuracy and
validity.
While
perhaps
not
relevant
to
our
i-nquiry,
we
also
request
that the
L6
trover
votes"
be
reviewed
in
accordance
wth
the
operati-ngi procedures
by
which
you
are
governed.
Topa Financial
Center,
Fort
Street Tower
'745
fort
Street,
Suite
5OO
.
Honolulu,
Hawai
g6A
--rEL
BOB.Z75.O3OO
.
FAX
BOg.Z7S.O3gg
8/10/2019 Petition to Hawaii State Supreme Court
24/78
Office
of
Electi-ons
November
10,
20L4
Page
2
te
realize
that
there
may
be other tests
and
j-nvestigative
processes
to
be
applied
to verify
the results
and we are not
limiting our
request
in
any
way
by
making
the
above
speci-fic
requests.
Please
apply every
test or
process
available to
you
in
making
sure
the
result was
accurate
and
valid.
I
provide
conact
information
below
should
you
wish
t.o d.i-scuss
any aspect
of these
requests
with
us
and further
request
that
you
keep us informed
of
your
progress
as allowed
by
law
so
that
we
can be
sure
to
protect
our
rghts
and
time
limits
by
other
means
if necessary.
Thank
you
for
your
tme,
paLience
and service
to the
people
of
Hawai'i.
Very
truly
*-
JAMES
KAWASHTMA
Tommy
aters
Campai-gn
Committee,
Chair
CONTACT
TNFORMATTON:
lTames
Kawashima,
Esg.
.Tames
Kawashima,
Al,C
745
Fort Street,
Sui_te
Hono1ulu,
Hawaii
g6BL3
(808)
27s-0304
(808)
275-0399
(rax)
-j
k@i kalc.
com
Thomas ?rlaters
1130
Nimtz
Highway
Suite
B-299
Honolulu,
Hawaii
968L7
(808)
3s4-1-L78
Lommvwatersl-@me.
com
500
8/10/2019 Petition to Hawaii State Supreme Court
25/78
Chervl
R. Kitazaki
From:
Sent:
To:
Cc:
Subject:
Attachments:
Cheryl R. Kitazaki
Friday, November
14,2014
10:54
AM
elections@hawaii.
gov
James
Kawashima
Results
of
2014
General
Election
for
City and
County
of
Honolulu
District
4
DOCOO9.PDF
Mr.
Nago:
I
assume
you
received
the
attached, but
am
sending
the
two
letters faxed and
mailed to
you
this
week.
Thank
you,
Cheryl
Kitazaki
Legal
Assistant
James
Kawashima,
ALC
745
Fort
Street,
Suite 500
Honolulu,
Hawaii 96813
(808)
27s-03s0
The information
contained
in this message
or attached hereto
is between attorney
and
client
and,
therefore
privileged
and
confidential.
The use
thisinformationisintendedforthesoleuseoftheindividualand/orentitynamedastherecipientofthistransmittal,
Copying,dissemination,or
distributionofthismessageoritsattachmentsisstrictlyprohibitedwithoutthepriorapproval
ofthenamedrecipienthereunder.
lfyouhave
received
this
communicaton
in error,
please
immediately
notify
us
by
telephone
(808)275-0300
or by return
e-mail, and delete
the original
message.
Your cooperation
is appreciated.
U}lIBT
c
1
8/10/2019 Petition to Hawaii State Supreme Court
26/78
J.rwNS
I{ew,tSI{IM.
ALC
TRIAL CONSULTANT
Sender s Informa
Direct:
(808)
275
E-mai1:
ik@ikalc
November
1-3
,
20L4
VA
FACSTMTLE
6. U.S.
Office
of
Elections
820
Lehua
Avenue
Pearl
City,
Hawaii
96792
Attention
Mr.
Scott Nago
Chief
Elections
Officer
Re
Result.s
of 20L4
General
Elect.ion
for
City
and
Countv
of
Honolu1u
District
4
Dear
Mr.
Nago:
On
Monday, November
l-0
,
2074,
T
t.ransmj_Lted
the
attached
lett.er
to
your
offj-ce
by fax
and
regular
mail but
r
have
yet.
to
lrear
from you,
even
to
merely
acknowledge
receipt. of
the letter.
I realj-ze
this is
a
very
busy
and
difficult.
time for
your
office
because
of
deadlines
yoLr
have,
but, in
our case, the 2A
day
deadline
to
take
1egal
action
is
approaching
even more
rapidly
than
yours.
Is it possible to
j-nform
us
of
where
you
are in
respond.ing
Lo
our inqury? Also,
may
f
assume
that
you
will not object
to
our
seeking
a
lengtkrening
of t.he deadline
(assuming
that is
even
possible)
f
,
by
your
actions
or inaction,
add.itional
t,ime
is
need.ed
to
take
legal act.ion?
I
stand
ready
to
meet and
discuss
any and
all
issues
at
your
convenience
and
at
your
office.
Mahalo
for
your
courtesies.
Very
truly
yours,
JAMES
KAWASHTMA
Tommy
lriaters
Campaign
CommitLee,
Chair
Att,achment
cc:
Thomas
R
Waters
Topa
Financial
Center,
Fort
Street
Tower 745
Fort
Street,
Suite
50O.Honolulu.
Hawaii
96813.TEL
8O8.275.03OO.FAX
e}e.ZTS-O3gg
8/10/2019 Petition to Hawaii State Supreme Court
27/78
J.ttrrns
l{,twesrrrM'
ALC
lRIAL
CONSULTANT
Sender's
Tnfor
Dj-rect:
(808)
2
E-mai1:
jk@ik
November
10,
20L4
VA
FACSTM
6.
U.S. MATL
Office
of
Elections
820
Lehua
Avenue
Pearl
CiLy,
Hawaii
96782
Attention
Mr-
Scott
Nago
Chief
Elections
Officer
Re:
Result.s
of 201-4
General
Elect.ion
for
Ci-tw
and
Countw
of
Honolulu
District 4
Dear Mr.
Nago:
r
am
wrj-ting
to
you
as
campaign
chair
and
counsel
for
the
Tommy
Waters
CommiLt.ee
for
City
Council.
Ife
would
be remiss
in
not
extendingf
our
appreciat.ion
for
the fine
work
of
you
and.
your
office
in
carrying
out.
a difficult
elect.ion
very well.
As
you
have
said
i-n
Lhe
past, o\t
r/ere
"jusL
doing your
job,
"
and
tkrat
\/as
accomplished
verY
well
under
very trying
circumstances.
fn
the
case
of our race,
Lhe
ouLcome
was
d.ecided
on a
reported
47 vote
difference
between my
opponent
and
myself.
With
a
t,otal
turnout.
of a reported
37,L62
voters
castingf
ballots,
w
would
lhink
that. difference
to be
well
within the
margin
of error
of the
system
you
utiLize.
May I
ask
what. the
margin of error
is
wiL}- the
sysLem
utilized?
We
are
tlrerefore
requesting
that
the
t'overage"
and
trunderage,
figures
for
eackr
precinct
in
our district
be
verified.
and
investigated for
possibl-e
errors.
tVe
also
reguest.
that
you
investigate
the
4,45L
reported
.blank'
votes
for
accuracy
and.
validity.
While
perhaps
not.
relevanL
to our inquiry,
we also
request.
that the
L6trover
voLes"
be reviewed
in
accordance
with
the
operati-ng procedures
by
which
you
are
governed.
Topa
Financial
center,
Fort
Street
Tower '745
Fart street,
suite
5oo
.
Honolulu,
Hawai
g6a
.fEL
9o8.275.Q300
.
FAX
808.275.o39g
8/10/2019 Petition to Hawaii State Supreme Court
28/78
Office
of
Elections
Novemer
10,
2OA4
Page
2
We
realize
that
there
may
be
ot.her
tests
and
investigative
processes
t.o
be applied
to verify
the
result.s
and
we are
not.
limiting
our
request
in
any
way
by making
the
above
specifc
requests.
Please
apply
every
test or
process
available
Lo
you
in
maki-ng
sure
the result
was
accurate
and.
val1d.
f
provide
cntact,
information
below
should
you
wish
Lo d,iscuss
any
aspect
of
these
requests
with
us
and
further
request
thaL
you
keep us
informed
of
your
prog:ress
as
allowed by
law
so that
we
can
be
sure
to
protect
our
right.s
and.
time
limits
by
other
means
if
necessary.
Thank
you
for
your
time,
patience
and.
service
to
the
people
of
Hawai
'
i.
Very
trul
1
fourS,
8/10/2019 Petition to Hawaii State Supreme Court
29/78
James Kawashima
From:
Sent:
To:
Subject:
Attachments:
Hard copy
to
follow
Friday
November 14 2014 4:27
PM
James
Kawashima
City and County
of
Honolulu
District 4
Letter
to
James
Kawashima
-
November
14
2014.pdf
ENHIBIT
D
1
-
8/10/2019 Petition to Hawaii State Supreme Court
30/78
SCOTT T. NAGO
CHIEF
ELECTION
OFFICER
STATE OF HAWAII
OFFICE
OF
ELECTIONS
802 LEHUA
AVENUE
PEARL
CITY
HAWAII
96782
M.hawi.
gov/lections
November
14 2A14
James
Kawashima
Esq.
745
Foft.
Street
Suite
500
Honolulu
Hawaii
96813
Dear
Mr.
Kawashima:
This
is in response
to
your
November
10
2014
and November
19 zo14
letters
There
are
a
variety
of
things
that
must
be
done after
an
election
before we
can finalize
the results.
We
are
currently
involved
in
that
process.
Upon
the
conclusion
of
that
process
we
will
issue
a final
summary
report
of
the
election
results
and forward
you
a
copy
along
with
the
overage
and underage
related
to
the
precincts
associated
with
yciur
contest.
Very
truly
yours
SCOTT
T. NAGO
Chief Election Officer
STN:AHS;cr
oE-14-262
8/10/2019 Petition to Hawaii State Supreme Court
31/78
James Kawashima
From:
Sent:
Subject:
Attachments:
Wednesday November 19 2014 2:03 PM
Response to James Kawashima 11110
and
11113114
Correspondence
oE-14-265.PDF
ilHIBI
t
1
8/10/2019 Petition to Hawaii State Supreme Court
32/78
SCOTT
T, NAGO
CHIEF
ELECTION OFFICER
STATE
OF HAWAII
OFFICE
OF
ELECTIONS
802
LEHUAAVENUE
PEART
CITY, HAWAII
96782
www.hswll.Bov/lectlons
November 19,2014
Mr.
James
Kawashima
745
Forl Street,
Suite 500
Honolulu, Hawaii 96813
Dear Mr.
Kawashima:
Thank
you
for
your
letters
dated
November
10
and
13,
2014. Attached
is
a
copy
of
the
final
Statewide Summary.
Also attached
is
a
matrix
of
the
overages
and
underage
for
each
precinct
in Honolulu
City
Council District lV.
Please
note
that
voters
in district-precinct
26-
02
received
an absentee ballot only,
pursuant
to
Act
100, Session
Laws
of
Hawaii
2012.
lf
you
have
any
further
questions,
please
contact Auli i
Tenn,
Counting
Center Operations,
at 453-VOTE(8683).
Very truly
yours,
SCOTT
T.
NAGO
Chief Election Otficer
STN:AT:cr
oE-14-265
Enclosures
c: TommyWaters
Trevor Azawa
Bernice Mau, City Clerk
8/10/2019 Petition to Hawaii State Supreme Court
33/78
GENERAL ELECTON 2014
-
Stte of Hawall
-Slatowld
Novsmbor
4, 2014
SUMMARY
REPORT
.FINAL
SUMMARY
RPORT"
psge
1
Prntd
on:
f 1/0120'14 at 0'1:26:20 m
U,S. Sanalot Vacancy
247
o1247
(O)
SCHATZ, Brln
(R)
CAVASSO, Csm
{L) KOKOSKI. Mlchal
246,770
86.Ayo
97.983
26.5%
8,936
2.4yo
Blank Votsr
Ovgr Votes:
15,774
43%
0.0%
U.S.
Represanlalve,
Dsl
I
113 of'113
(D)
TAKAI, Mark
lR) DJOU. Chrlos
93,360 51.2%
86,415 47,40/o
Blank Volss:
Ovr
Vols:
2,365
1.3./6
58
0.0%
U.S. Reprcsentatlve, Dist
ll
134
of
'134
(O)
GABBARD, Tulsl
(R)
CROWLEY, Kewlka
fL KENI- Jo
141,998
75.8%
33,624 17.5%
4,592
2.5%
Elank
Votes:
Ovr Vol6:
7,018 3,7./o
82
0,0%
Govanor and Llaulanant Govarnot
247
o'247
(D)
rGE / TSUTSUT
(R)
A|ONA
/
AHU
(I)
HANNMANN
/
CHANG
tr } DAVIS / MARI IN
181.065 49.0%
135,742
3A.f%
42,525 11.1Vo
6.3S3
1.70/o
Blank
Volosi
Ovr
Vologi
2,998 0.8vo
431
0.1t
Slafa Senator, O/sl
I
I
ol9
(O)
KAIIELE, Gllbsrl
11,838
78.S70
'1.860
12.6%
l
ARIANFF
Grru
lkblr
BlankVotes:
Ov6r
Vol6s:
1,247 8,50/0
0
0.0%
Slle Senfo/,.Dlsf 3
12 ol
12
(D)
GREEN, Josh
8,896
76.17c
1.89t
16.2%
Blank Votes:
Ovr Votag:
s08 l.aolo
1
0.00/0
State SenatoL Dlsl 4
12 ol
12
(D)
INOUYE, Larrain Rodeo
{L}
SCHILLER.
Alain
8,842
72,3Yo
2,536
20 .7o/o
8lnk Volos:
Over
Vglesi
852
6.90/.
7
O.1o/o
Stal
Senalo Disl 5 Vacanay
11
ol 11
(D)
KEIIH-AGA AN,
Gll S,
Coloma
I,Itg
64.r%
4,149 27.Vo
Rl
KAMAI(A. Jo
BlankVots:
Ovr Vols:
1,172
t0
7.8%
0,1%
Slale Serlo/', Oisf 6
g
of 0
(O)
BAKER, Ro
(R)
DUBOIS, Jard P.
(Pka)
7,210
56.80/.
2,916
23.0/o
1.196
9.4'/. KAAHIll rn. Kkrhil
BlEnk Vots:
OvrVoles:
1,349
't0.6yo
13
0,1%
Stt
Senlor, lst 12
'10
of
10
(D)
GALUTERIA, Srlokwood
M.
6,426 53%
4,544
37.8o/.R I FTHFM Chi
BlankVotos:
OvrVoles:
1,046 6.lc/o
.10h0
Slo6
R6presentaliye,
Dist
I
7
o7
(0)
SOUKI, Joe
lR KPOl Crsl
Kllslhe
6,369
60.870
2.716
30.80/,
Elank
Voles:
OvrVoles:
73 8.3%
5
0.1%
Slale
Roprssenlatyo, Olst
r0
5 of 5
(D)
MCKELVEY, Angur L.
lR
MARTEN.
Chh
M
3,522
't,5%
r.66
20.1%
Bank Vot6s:
Ov6rVots;
534
0.3%
6
0.1%
Slate
Represanlatve,
Dsl 11
4 o:14
(O)
lNG, Kani6la
ll I BROK Pl
4,926
70.80/
1.362
19.6%
Blank Voles:
Ovr Votss:
66t 9.5%
7
0,1%
Stle Rprsonlalive,
Disl
12
6 016
(D)
YAMASHITA,
Kylo T
lR
POHLE. Riherd H.
,639
0.0%
'1,950
20.0%
1,174
12,OY.
3
0.0%
Blnk
Voles:
OvorVotos:
State Represnlalve,
Dsl
14
5 of 5
(D)
KAWAKAMI,
D6rok S.K.
Rl HMANAWANUI- Jon8thEn K-
6,817
69.4%
1,736
21.4./.
738
5.10
I
0.16/o
Blank Vote:
OvrVotog:
Sfale Repressnlarve, Olsl
,5
5 of 5
(O)
TOKIOKA, Jsmss Kunano
R YDR SIv
5,367
67.3%
1,892 23.7%
Slank
Votes:
OvaVolE:
717 9.0%
1
0.07o
State
Representative,
Dst 16
6
o16
(O)
MORIKAWA,
Dayn6tto
(Dee)
lR|
FRANKS. Vlctorl
{Vlcklel
5,320
6,8%
1,A12 22.70/.
10.570
0,0%
836
2
BlEnk
Votes:
OvsrVole:
Stats Reprsontallva,
Dst
17
4 al4
(R)
WARO.
Gsn
lDl STtIMP
Chrs
7,5?3
71.6%
2,665
24,30
0.10h
4.1%12
6
6lank Voles;
Ov6rVotes:
State
Represenlailve, Disl 18
4
ol4
6,884
62.0%
3.473
31.370
(D)
HASHEM, Ma Jun
lRl
HALVORSN. Sussn Kehsulnl
738 6.6%
4 0.09/"
Blsnk Voles:
Over Volss:
Stale Rpresanlatlva, Dst
19
ot3
(D)
KOBAYASI'II, Bertrand
(86rt)
(R)
MATHIEU,
Vlotorla
Ellzaboth
IL
HIGA,
AIhonv
5,404
1,924
783
91.6%
21,7%
6.6%
713
6.0"to
I
0.t%
Blak Vol8:
OvarVolgs:
Stat Snalol Dlst
17
I of I
(D) NlSHllARA,
Clarnc6
8,312
64.80lo
3.531 27.5/ol'ICtEMENIE Rr
Blank Votes:
Ovgr
Volos:
s73
7.6v.
2
0.oo/o
Sfat
Senator,
Dlsl l8
I
of
0
(DlKlOANl,
Mcholls
(R)KlM,
Denns C.H.
10,253 54.6%
7,345 39.1l.
389
2.1roL) BANA
Rvnd
lll
Elank
Vole6:
Ovr Vots:
769
4.1/o
I
0.0%
Slslo Saralor, Ol 2l
6 ol5
(D)
SHIMABUKURO, Mallo S.L.
6,078
64.870
2.868
30.6%
R kLJ Terc L
Blank Voles:
Over
Vols:
433
4.8T.
6
0.'1%
Sfatd Senlor Dist 23
I ol9
(o)
RrvIERE, Gir
lR'l FALE. Rlchard L66
5.319
50.4%
4,854
46.0%
Bank
Volesi
Owr
Vols:
377
3.6Vo
10 0.10l"
Stata Snator, DIst
24
11
ol
11
(o)
foKUDA,
Jil N.
lRl
DANNER. Kllomana
Mlchsl
13,814 /0.%
4,625
23.71
Blank Vot8:
Ov6rVolos:
1,073
5.50/6
4
0.0olo
Slsle epresentalvg, Osf I
g
of I
(D)
NAKASHIMA, Mark
M,
614
f5.11o
1,452
17.4y.
ll WlNRl. Erlc Drk
Blank Volgs:
OwVoto6:
578
2
6.9%
0.ov.
Sfalo Repressnlal,vo, Dsf 3
f ol7
(D)
ONlSHl, Rlchard H.K.
(R)olcKsoN.
Bir
/l FGF| Fr.d
F
5,076
69.9olt
997
13.7%
all f .2
Blank Volos:
OvrVotss:
371
5.1o/o
3 0.070
State
Re
prec
ntallva,
D
i
sl
4
4
ol4
(O)
SANEUENAVENTURA, JOy
A,
4.337
68.0%
'1,719
26.9%
R THOMAS. Cru
Blank
Vols:
Ov6r Volos:
319
4
5,0%
0,10/c
Sfal
Rgprosontsfye,
Disl 5
'I ol8
(D)
CREAG/N, Rcherd P
(R)
BATEMAN, Dave
fl I
A
ANNF
.l
A
3,712 55.9%
2,3E9
36.0%
253 3.Solo
Blank
Vologl
OvorVot8:
282 4.20/.
3
0.0%
5l16
Raps6nlallva,
Olsl 6
5
of
5
(D)
LOWEN, Nlcola
3,23
s0,t%
2,334
37.1vo
RIVAIENZUEU.
Kllv
Blank
Voli:
OvrVotes:
'f3s
2.20/.
3
0.0%
(L)
.
LIBRTARIAN
(r) -
TNoEPENoENT
(R)
-
REPUBLICAN
(G)
.
GREEN
{N)
-
NONPARTISAN
(D}
=
DMOCFIATIC
8/10/2019 Petition to Hawaii State Supreme Court
34/78
GENERAL LECTION 2014
.
Stat6 ol Hawall
-
Sttwd
Novomber
4,
2014
SUMMARY RPORT
.FINAL
SUMI\ARY
REPORT"
Pg 2
Prlnlsd
on:
11/05/2014
al
01:26:20 am
Slal6
Roprosorrlve, Disl
20
4 ol4
{D)
SAY, Calvln K,Y
(G)
8ONK,
Kolko
lRlAl I
FN
.ftdla
F
4,621
52.6%
2,047
2330
1.791 20.40,/
Blank
Vots:
Ovf
Vots:
322 3.7"/o
3
0.070
Sfato
eprosontaliv, O/st
21
4
o14
(D)
Nlsl-llMoTo, Scott Y.
R) MAUTAI. Larle Kuul Lanol
4,128
74.1%
1,183
21.2r/o
BlankVot6s:
Ovr Vole6:
2A2
4.7Vr
1
0.0
Stale
Reprcsatatve, Dst 22
3 of 3
(D)
BROWER,
Tom
2,623
54.4%
1-929 40.0%R GRACF .lanaf M
Elank
Volssi
OvrVole6r
265 5.5%
2
0.0%
slale
Rapresantatva,
Dist
24
4 ol4
(D)
BELATTI,
Olla
Au
4,465
64.1%
1,7A4 25.6%
Rl AMSfERDAM.
C. Keui Jochn
glank Volos;
Ovor
Volsl
716
103%
2
0.o1/o
State
Reprcsentativa, Dsl
25
5 ofs
(D)
LUKE,
Sylvia
fRl l-AM.
Ronald
Y.K.
5.209 65.57o
2,324
25.2%
Elank
Volosi
Ovor Votos:
423
1
5.3%
0.0%
Slate Rpresantatlva,
Dlsl 26
7
o17
(D)
sAlKl,
Scott K,
IR) MARSHALL. ETic B.
3,858
64.5%
1,788
29.6%
Blank Voles:
OverVols:
353 6.90/"
3 0.1%
State Representallva, Dlsl 27
6 of 5
(D)
OHNO, Takashi
4,745
62.4%
",652
34,9%
R) FOWLER,
Mx R
Blank
Votss:
vrVobsl
206 2.7%
4
0.10/o
Slate
Rpresentalva,
Dsl
28
4 on4
(D)
MlZUNo, John
M.
f R) KA,APl.J.
Cle
Kauhlwai
3,196
65.3%
1,536
31.4%
Blnk
Votes:
Ovgr
Votsi
'160
3.3%
5 0.1%
Slale Represenlailve,
Dlsl 31
6 of 6
(R)
JOHANSoN, Aarcn
Llng
3,698
68.0%
1.450
26.7%
D SHARSH I
l
Blank Vot6B:
OvrVol:
288
53%
2
0.0%
Slate
Repreentatve,
Disl 32
3 of3
(D)
ICHIYAMA, Llnda
E. 4,722
64,9%
2,340
32,20h
RrlAVil I Mr.laAnn R
Blnk
Votes:
OvrVot6s:
211 2.goh
2
o.ovo
Sffe
Reposorlalive,
O6t
33
6
of
6
Slst Raprasntallv, Dlsl 45
5
of 6
6,526
6s.87
2,346
23.7%
(O)
KONG, Sam
lRl
HELSHAM. Robrt C..
Sr
(R)
CHEAPE
MAISUMOTO,
Laurn
lo
iTAGAOAY.
Mlch61
Ydo
3,06e
70,8%
1,175
27,1%
1,032
10.4%
I
0.1%
Blak Volar
OvfVotos:
91 2,1c/o
f
0.0Ye
Blank Vot68:
Ovaf
Votes:
Sff Reprsntaliye, Df
34
3
af
3
Slate
Represanlliy6, Disl
47
4 ol4
(D)
TAKAYAMA, Grosg
IRIAGUSTIN
Jacl
5'471
58.370
3,569
38.0%
(R)
POUHA, Fskl
ll FNIMANA.
Kent K.
2,58
49.1%
2,818
48,10/
342
4
3.6%
0.00/o
Blank
Vol8;
Over
Vol6:
28s
6
Blank Vol6:
OvffVoli
4.7./
0,1%
Sffe Ropresontlyg,
Di.9f
35
6 of6
Stdlo Rpr'sentalivo,
Dd
4A
6 ofo
(o)
TAKU[4], Roy M.
lRl
POTI. LuAnn M.
3,578
0.9%
2,023
34,40/c
(D)
KEOHOKALOLE,
Jarotl
K.
(R)
KUKAHIKO, Eldon L.
(L)
TAKAYAMA,
Kaimanu
lN) NAIPO. Kan
5.443
3,670
199
t03
55.7Vo
37.6.h
2,00/4
1,1%
269
4,6%
4
0.1./.
Blank Vot6s:
Over Volos:
345
3.5%
0 0.t%
Blnk Voles:
Over Voles:
fala Rpresnlt v6, Dl 36
3
of 3
(R)
FUKUMOTO
CHANG,
Blh
rD I FE Merlv B
5,E7E 64.57o
s.034
33.3%
Srsle
Repesgntt'ye,
Dst
50
4 o'f
4
42 14,2%
1,719
20.1%
{R)
THIELEN, Cynlhia
lDl
BRO4AN.
Hollv.
Blank
Voles
OvrVols:
'195
2.1%
6
0.10/o
483
5.7%
3
0.00/.
ElankVots:
Ovsr
Volos:
tale Reprcsenlatve,
Dlsl 37
4
ol4
(D)
YAMANE, Ryan
L
iR SVRCI4. Emll
7,26'1
72,47o
2,254
22,5o/
State
ReNasanlalive,
Disl
51
I of 6
5,881
E4.2To
3,070
33,5%
(D)
LEE, Chrls
lR HlKlDA. Wvn
I
74
4.70/o
2
0.0%
BlnkVolos:
Ovor Vol8:
2,2%
0,070
203
0
Blanl Volos:
Over Vots:
tdte Reprcsntatve, Dst 40
4
o14
3.11
80.0%
't,915
36.4%
(R)
McDERMOTT, Bob
lD MARTINEZ. Ros6
AI-Laea
Trusle
247 of247
NumbrTo
Vol
For
3
Blnk Votss:
Ovr
Votos:
't84
3.5%
7
0.1
Slale
Representafyo,
D/sl
4l
4 ol4
wAlHEE, John O.
AKANA, Rowena M.N.
AHU
lSA,
L6l
(Lslnahla)
TRASK,
MllllnlB.
AKINA, Ksll'i
McINERNY-
Hv
138,452
't23.860
r13.181
102,819
92,247
74,960
12.5%
11.2%
10.2%
9.301o
8.3%
6.8%
(D)
LOPRESTI, Matlhew
(R)
JREMIAH,
Bryan E.
2,441
2,178
s56
47.4Yc
34.86/o
18.20/"
Blank Votes:
OvrVols:
462,807 4't.7%
102
0.0yc
lnk
Votes:
Ovor VolB:
't68
2,7%
5
0.t%
Maui
Rsdnl
Trusta
247 oU1
lale
Rapresentatva,
Ost
42
3
of 3
(D)
HAR, Sharon E.
lR) MOgES. Suk
5,133
69.1%
2,073
27.9%
87
LINDSEY,
Carmen
Hulu
23.6%
Blank Votos:
Ov6rVolos:
154,966
41,9%
10't 0.0%
23
3.0%
'l
0.0%
Elank Vot6s:
Over
Voles:
Counclmember,
Dst
5
3 ol3
tate Reprcsentatve,
Dist
43
5 ol5
2,319 50.270
2,045
44.2%
PALEKA.
Danel
K., Jr.
EDWAROS HUNI.
Tifhnv
R)
IUPOLA, Andra P.
lD AWAN.
Krn Lei
2,628
58.1"/o
2,096
41.4%
259
3.6%
I
0.0%
Blank Votosr
Ov6a
VolEl
11 2.2%
0,1Y0
Blnk Volesl
Ovr
Volos:
Counclmomban
Dist
I
3 of 3
tale Representatlv,
Dlst
44
2
of
2
WLLE, Margarol
GN7l
FS
Rld S 3,192
56.flo
2.171 38.80/.
D)
JORoAN.
Jo
{c)
GAIS,
Codric Arueg.
fll FRNZEL. Allen IAL
2,7n3
1,025
56.070
22.0%
15.5%
266 1.7%
r
0.0%
Blnk Votos:
Over Volcr:
206 4.4%
4
0.1V6
Elank Votes:
Ovsr
Vots:
MayoL
County of Mau
34 of34
ARK
WA,AlanM.
PALTIN Tr fml
25,435 55.3%
18,162
39.5%
6.2/,
0.0%
Blank
VolB:
OvgrVotss:
2,372
14
(L).
LIBERTARIAN
(I).
INDEPENOENT
(R).
REPUBLICA
(G).
GREEN
(N).
NONPARIISAN
(o)
=
oEMoctlATlC
8/10/2019 Petition to Hawaii State Supreme Court
35/78
GENERAL ELECTION 2014 - Strate olHawaii
-
Stelowdo
Nov6mb6r
4,
?014
SUMI\4ARY REPORT
FINAL
SUMMARY
RPORT
Pag6
3
Prlntod
on: 11/06/20t4
t
0l:26:20
an
Counclmenbar
(Easl
Mau)
34 of34
CARROLL, 8ob
27,071 58.90/0
11.730 25.50/lKHll ANANDA Nl.k
BlankVolos:
Over Vol:
7,162
15,6%
2D
0.0%
Co uncllrnobet
(Wa
sl
M
a u
)
34 of34
COCHRAN,
lls
BUENCONSJO. Ka'ala
22,124
48.1%
18,792 40,5%
BlnkVol6s:
Ovr
VotaBr
5,04f
11.00/o
20 0.0%
Cou
nclmmber
(Wa
lu ku-Wa
he
s-Wal
ka
pu
)
34 of34
VICTORINO,
Mchal
(Mke)
25,28s
55.0%
12,608 27.4%LACKAURN. Joseoh G.. ll
Elank Votos:
Ov6r Vol6s:
8,060
17.5%
28
0.1%
Co u nc ilmm
b
r
(Kah
u u
i)
34 of34
GUZMAN, Don S.
PONTANILLA.
Jo
23,8s6
51.9%
15,719 34.20h
Blsnk
Votos;
Over Votsa:
6,373
13.9%
29
o..loh
Coun al m
mbe
r
(So
uth
Mau)
34 ol34
COUCH.oon
F7PRlCk .lh M
24,990 54.3%
13.042 30.3%
Slank Votos:
Ovor Volos;
7,029 15.30/o
22
0.0%
Councl membe t
(
Ma
kaw ao-Ha lku-
Pala)
34
of34
WHlfE,
Mlko
MOLINA.
MIKo
J.
23,042 50.1t
16.398 35.770
Elank Vote9:
Ova Vol6a:
6,504 14.1Yo
39 0.1%
Coun cilma
mb
r
(U
pco
u ntry)
34 of34
BAISA,
Glodys Coolho
BRUCH.
Courtnv
A.
26,1 17 56.8%
12,819
27.90/o
Blnk Votos:
Ovor Volosr
7,025
15,3%
22
0.0%
Qouncllmmber
(Lanal)
34 of34
HOKAMA RiKI 28.546 62,1%
BlankVot3:
OvsrVoles
17,437
37.9%
0
0.07o
Councilmember
(Molokai)
34
ol34
l\/Fll
qlt^uHa
24.250
41.40/
glnk
Vols:
Ovr
Vols:
17,733
38,8%
0
0.0%
Mayon
County of Kaua
16 of
16
CARVALHO, Bsrnrd
P.,
Jr
6ARCA- Duslin
14.B
b1.17
8,1S5
34.1%
Elsnk
VotE6:
Ovor
Voles:
1.
ts8
2
4.4%
0.o%
Councllmber
Nqmbor
To Volo For: 7
16
of 16
RAPOZO, MI
KAGAWA, Ross K,
KANESHIRO,
Arry
KULll, KipuKal L.P.
YUKIMURA,
JoAnn
A.
CHOCK, Mason K., S[
HOOSER, Gary
L.
FURFARO,
Jay
SRUN,
Mhu.
PERRY,
Dry 0.
COW0N,
Fellcla
gYNUM,
Tim
DCOSTA,8lly
I ARANIO Tla k
13.147
12,357
1 1,97'l
9,985
8,941
,730
,267
8,165
8,
t20
8,076
1,917
7,502
7,243
5.885
7.4%
7.40h
7.10
5.9%
5.3%
5.2o/o
4,gflo
4s%
4.8%
4,4%
4.7v6
4.5%
43%
3.4.4
Blnk Vt8:
OverVol:
42,048
25,00/o
7
0.00/6
CounalmembaL
Dlsl lV
17
of 17
OZAWA,
Trvor
WATERS.
Tommv
16,371
44.1%
16,324 43,9%
Blank
Voles:
OverVgtes:
4,451
16
12.0%
0.0%
Counclmember, Dst Vl
21 ol21
FUKIJNAGA, Carol
AIONA. Sam
17,C79
54.7o/o
11,541
38.3%
Blank Volos:
Ovq
Vot6s:
2,U2
16
8.9%
D,1YO
CON AMEND:
Relatng to Dsalosura of
Judcial Nolnes
247
01247
YES
N
302,953 Z.U7o
41,308
1120/o
Blank Vot6s:
OvrVl6:
25,177
6.8%
116 0.0%
CON
AMEND:
Rolallng
to Agilcuftural
rlorpnbos
247
01247
YES
N
r5,531
50,2%
152,222
412Yo
Blnk Vots:
OverVols:
31,543
258
8.5%
o.1%
CON AMEN: Rlatng lo
Slro
Juslcas
and Judges
247
of247
YES
N
81,408 Z2.O%
288.858 72.8/o
Blank
Volos:
Over
Votss:
18,884
5.1./.
306
0.1%
CON
AMEND:
Rlatlng
to Eaily Childhd
Education
247
01247
YES
N
160,238 43.4./o
192,247 52.OVo
Blank Votos:
Over Votes;
'I
6.802
2f
4.5Yo
0.1./.
CON
AMEND: Ralatng
to
Dams and
Resryo/s
247 ol24'l
YES
N
234,0',t6
63.3%
106,377
28.80/o
Elank
Vols;
OvorVolog:
28,984 7,8./o
177 0.07o
HAWAI'I:
Tam
of Appontnt for the
County
Cle*
43 of43
34,973
9.7%
11,148
22.20t
YES
NO
BIank
Volesi
Ov6rVol8:
4,025 8.0%
12 0.0/o
MAUI: Councll: Atfordable Housng Fund
34 of34
YES
NO
30,532
60,4%
r1,507
25.0
Blank Votes:
OvrVoto6:
3,915
29
8.5%
0.1%
MAU : Cou ncll
Pe n
altis
34
ol 34
YES
NO
17,689
38.5%
21,355
46.4%
Blank
VoteGi
Over
Votes:
6,901
15,0%
38
0.11/
MAUI:
Vote
r lntatve: Genetically
Engneered Oryanss
34
of
34
YES
NO
23,062 N,Zrh
22,005 47,9%
Blnk Vole6:
OvgrVotE6:
872
1.9%
24
0,,1.h
KAUAI: Relatlng to the Dpalmont
of
Persarngl
Sgv,ces
16 of 16
YES
NO
13,825
57.50/6
6,038
25.1%
glnk
Ov6r Vols;
4,174 |f.4Vo
I
0.0%
otes:
KAUAI: Ralalng lo Chatler Amdndment
16
of
16
YES
N
17,691 73.6'h
2,f75
11.5%
Elank Voles:
Ov6rVols:
3,569
14.8%
g
0.00
KAUAI: Relatng to Recll
Ballots
16
ol16
YES
N
11,747
73,0o/o
2,156
9.0%
Blnk Vols:
OvrVotss:
4,138
't7.2.to
4 0.00/
REGISTRAION
ANO
TURNOUT
GENRAL
TOTAL REGISTRATION
TOTAL TURNOUT
PRCINCT TURNOUT
AESENTEE TURNOUT
708,830
369,554
180,507
189,047
52.30/o
25,so/o
28.7.h
OVERSEAS BALLOTS CAST
OVERSEAS TURNOU
Ovrsse8 I
Ovrsoa8 2
61
39
0.0%
{L).
LIBERTARIAN
(l) -
INOEPENDENT