Six days

August 19th, 2014
By

U.S. Rep. Colleen Hanabusa said Tuesday that she would not challenge her Democratic primary loss to U.S. Sen. Brian Schatz.

State law gives candidates, political parties or at least 30 voters of any election district six days to contest a primary with the state Supreme Court.

The deadline for any challenge is 4:30 p.m. on Thursday.

Here is the portion of state law that applies:

(a)  In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election, the complaint shall be filed in the office of the clerk of the supreme court not later than 4:30 p.m. on the sixth day after a primary or special primary election, or county election contests held concurrently with a regularly scheduled primary or special primary election, and shall be accompanied by a deposit for costs of court as established by rules of the supreme court.  The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court not later than 4:30 p.m. on the fifth day after service thereof.

(b)  In primary and special primary election contests, and county election contests held concurrently with a regularly scheduled primary or special primary election, the court shall hear the contest in a summary manner and at the hearing the court shall cause the evidence to be reduced to writing and shall not later than 4:30 p.m. on the fourth day after the return give judgment fully stating all findings of fact and of law.  The judgment shall decide what candidate was nominated or elected, as the case may be, in the manner presented by the petition, and a certified copy of the judgment shall forthwith be served on the chief election officer or the county clerk, as the case may be, who shall place the name of the candidate declared to be nominated on the ballot for the forthcoming general, special general, or runoff election.  The judgment shall be conclusive of the right of the candidate so declared to be nominated; provided that this subsection shall not operate to amend or repeal section 12-41. [L 1973, c 217, §1(aaa); am L 1974, c 34, §1(c); am L 1979, c 133, §5; am L 1998, c 22, §2]

3 Responses to “Six days”

  1. Chicken Grease:

    Ah, the ironies of life -- WONK through THAT two entry bloviated challenge rules, Colleen.

    Side notes:

    • Bye-bye Scott Nago.


  2. nonpolitic:

    Seems to me that the six days has already expired, since the primary election occurred on the 9th.


  3. Andy Parx:

    Apparently the SC is limited to deciding which candidate won and cannot address any claimed disenfranchisement except as it effects the final outcome.


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