Malish v. Nago

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Electronically Filed Supreme Court SCEC-22-0000682 14-NOV-2022 08:44 AM Dkt. 8 ORD SCEC-22-0000682 IN THE SUPREME COURT OF THE STATE OF HAWAI I ________________________________________________________________ JAMES RYAN MALISH and KARL O. DICKS, Plaintiffs, vs. SCOTT NAGO, acting in official capacity of Chief Election Officer, STATE OF HAWAI I OFFICE OF ELECTIONS, and ELECTIONS COMMISSION, Defendants. ________________________________________________________________ ORIGINAL PROCEEDING ORDER DISMISSING COMPLAINT IN PART (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) On November 4, 2022, Plaintiffs filed an election complaint that appears to seek relief under the primary election contest statute, HRS § 11-173.5. It is beyond the allowable time to seek relief under HRS § 11-173.5. See HRS § 11-173.5(a) (“In a primary . . . election contest, . . . the complaint shall be filed in the office of the clerk of the supreme court no later than 4:30 p.m. on the thirteenth day after a primary . . . election[.]”). To the extent Plaintiffs’ arguments seek relief under HRS § 11-173.5, these claims are untimely. Accordingly, It is ordered that the complaint is dismissed in part, or to the extent relief is sought under HRS § 11-173.5. The court will instead construe the complaint as a general election contest. DATED: Honolulu, Hawai i, November 14, 2022. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins 2

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