WAILUKU, Hawaii — Oral arguments contested election results for the Maui County Council’s Wailuku-Waihee-Waikapu seat have been scheduled for Jan. 19, effectively leaving the council in a state of limbo for at least the next two weeks.


What You Need To Know

  • Incumbent Alice Lee led Noelani Ahia by 513 votes in the last reported tally on Nov. 21

  • Ahia and 30 Maui County voters want the results of the election voided and a new election ordered on the basis that Maui County Clerk Kathy Kaohu’s handling of 800-plus deficient ballots caused the result of the election not to be known

  • In scheduling oral arguments, the Hawaii Supreme Court ordered Kaohu and Hawaii chief election officer Scott Nago to provide further information, including whether a so-called signature device was initially used to compare signatures of return identification envelopes

  • Both sides said they are happy that a court date has been scheduled and look forward to a speedy resolution

Incumbent Alice Lee led Noelani Ahia by 513 votes in the last reported tally on Nov. 21.

Ahia and 30 Maui County voters want the results of the election voided and a new election ordered on the basis that Maui County Clerk Kathy Kaohu’s handling of 800-plus deficient ballots caused the result of the election not to be known.

On Election Day, Kaohu ruled more than 800 mailed-in ballots were deficient due to return envelopes either lacking a required signature, a signature not matching what is already on file, and other defects or errors.

Voters have five business days to correct or “cure” deficiencies. Prior to the election, voters were notified of their deficient ballot within one or two days.

According to Ahia’s filing, the clerk’s office did not mail out notices of deficiency until Saturday, Nov. 12, four days after the election, and voters did not receive them until the following Tuesday, Nov. 15, leaving them just a day to correct their ballot.

The timeline is complicated, however, by the Veteran’s Day holiday of Nov. 11 and the weekend, which do not count toward the five business days. Technically, ballots were mailed out on the weekend between the second and third business days.

In scheduling oral arguments, the Hawaii Supreme Court ordered Kaohu and Hawaii chief election officer Scott Nago to provide further information, including whether a so-called signature device was initially used to compare signatures of return identification envelopes.

A statement released by the plaintiff’s attorney Lance Collins said the scheduling of the arguments and the request for information “indicates the seriousness of potential voter disenfranchisement in the eyes of the court.”

The dispute leaves an already divided Council, just eight members until either Lee or Ahia prevails, without a potential deciding vote.

“The challenge has seriously disrupted the ability to schedule and stifled our ability to move forward,” Lee said.

Lee said about 230 “uncured” votes remain in play, not enough to impact the result of the election. She said the plaintiffs are pursuing the matter in hopes of forcing a new election.

“In my opinion, they want control of the council and they’re short one,” Lee said.

“They” are the slate of progressive council candidates who campaigned together under the Onipaa 2022 banner. The coalition included incumbents Gabe Johnson, Tamara Paltin, Keani Rawlins-Fernandez and Shane Sinenci — who each successfully won reelection — as well as newcomers Ahia, Nara Boone, Jordan Hocker and Robin Knox.

Progressives held control of the nonpartisan Council last year but were compromised by the loss of Kelly King, a reliable progressive vote, and former chair Mike Molina, a moderate who frequently voted with the progressives. Both left the Council to pursue unsuccessful bids for Maui mayor.

Both sides said they are happy that a court date has been scheduled and look forward to a speedy resolution.

“Our challenge is not a personal attack,” Ahia said. “It is about ensuring our democracy is not eroded by voter disenfranchisement. Since the case was filed, many people have surfaced with stories of learning too late that their ballot was not counted.”

Michael Tsai covers local and state politics for Spectrum News Hawaii.