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Hawaii Voters File Petition with the Supreme Court Asking How State Can Certify Elections Without Completing Required Certification First

 

Hawaii Voters File Petition with the Supreme Court Asking How State Can Certify Elections Without Completing Required Certification First

Hawaii Voters, Candidate, and Elections Commissioner File Emergency Petition at Hawaii Supreme Court questioning whether Hawaii Can Certify Elections Without Completing Reconciliation Required by HRS 11-155.

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Case No. SCPW-26-0000424 — Filed June 9, 2026

HONOLULU, HAWAII — A Hawaii Elections Commissioner, a candidate for state office, and a registered Hawaii voter filed an emergency Petition for Writ of Mandamus with the Hawaii Supreme Court on June 9, 2026, questioning whether Hawaii can certify elections without completing reconciliation required by HRS §11-155.

The case — Cushnie, Gregory & Pasnik v. Scott T. Nago and Hawaii Elections Commission, Case No. SCPW-26-0000424 — asks the Hawaii Supreme Court to compel the Chief Election Officer and the Hawaii Elections Commission to complete the reconciliation required by Hawaii Revised Statutes §11-155 before the 2026 statewide election is certified.


What the Law Requires

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HRS §11-155 requires statewide election certification to be based on the comparison and reconciliation of canvass records, audit records, overage and underage reports, recount results, tally sheets, logs, and other election documents generated during the election process.

HAR §3-177-453 requires county clerks to maintain a complete and current count of all ballots issued, spoiled, and received. These records establish how many ballots were received by each county and are among the records that should be available for reconciliation before statewide election results are certified.

The Elections Commission has documented that records demonstrating compliance with HAR §3-177-453 were not provided for the 2024 General Election. Petitioners are asking the Hawaii Supreme Court whether election results can be certified under HRS §11-155 when records necessary to reconcile the number of ballots received have not been produced.


What the Evidence Shows

The petition is supported by a documented administrative record spanning multiple election cycles and including findings from the Elections Commission’s own investigative proceedings:

  1. All four county clerk offices failed to provide chain-of-custody records compliant with HAR §3-177-453 following investigations by the Elections Commission’s Permitted Interaction Groups.
  2. In some cases, more ballots were counted in the Statewide Voter Registration System than were physically collected.
  3. On April 1, 2026, the Hawaii Elections Commission formally voted 5-4 to document that required ballot-accounting records demonstrating compliance with HAR §3-177-453 were not provided for the 2024 General Election — with the Chief Election Officer present in the room.
  4. The Deputy Attorney General confirmed in a February 26, 2026 written memorandum that “the only established audit procedures for voted ballots are post-election, pre-certification audits” — meaning once an election is certified, the legal authority to conduct meaningful independent review becomes uncertain and legally contested.
  5. Four years of administrative proceedings — including Elections Commission hearings, investigative reviews, audit requests, legislative escalation, and Attorney General review — failed to resolve the underlying statutory questions.

What Petitioners Are Asking

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Petitioners are seeking prospective relief only. They are not asking the Court to:

  1. Overturn any prior election
  2. Remove any officeholder
  3. Alter any vote totals
  4. Supervise election administration generally

They are asking only that the Hawaii Supreme Court declare and compel compliance with Hawaii’s existing mandatory reconciliation requirements before the 2026 statewide election is certified — while there is still time to do so.


Who Filed the Petition

Ralph S. Cushnie is a duly appointed member of the Hawaii Elections Commission, petitioning in his individual capacity. He has participated personally in Elections Commission proceedings, investigative reviews, and oversight actions concerning ballot-accounting records and reconciliation compliance over multiple election cycles. Commissioner Cushnie voted in favor of the April 1, 2026 Commission motion formally documenting the HAR §3-177-453 failure.

Tara Malia Gregory is a candidate for elective office in the 2026 statewide election cycle. She has a direct and legally cognizable interest in competing in an election whose certification satisfies the mandatory statutory prerequisites the Legislature prescribed. The United States Supreme Court confirmed in Bost v. Illinois State Board of Elections, 607 U.S. ___ (2026), that candidates have standing to challenge election rules regardless of whether those rules affect their electoral prospects.

Douglas W. Pasnik, a retired Marine Colonel is a registered Hawaii voter and resident who has participated directly in administrative complaints, Elections Commission petitions, and oversight proceedings concerning ballot-accounting and reconciliation compliance over multiple election cycles.


Legal Authority

The petition is supported by a framework of Hawaii Supreme Court precedent:

  1. Solomon v. Abercrombie, 126 Hawaiʻi 283 (2012) — The Hawaii Supreme Court previously issued writs of mandamus directing the Chief Election Officer to comply with mandatory election-administration frameworks before they could govern an upcoming election cycle. The Hawaii Supreme Court has done this before.
  2. Iwasa v. Nago, 144 Hawaiʻi 100 (2019) — The Hawaii Supreme Court held that election statutes impose mandatory rather than directory requirements, applied strict compliance, and invalidated an election when statutory prerequisites were not met. Ignoring election law has consequences — and fixing them after certification may be impossible.
  3. Tataii v. Cronin, 119 Hawaiʻi 337 (2008) and Funakoshi v. King, 65 Haw. 312 (1982) — Establishing Hawaii’s strict statutory compliance standard for election law.
  4. Green Party of Hawaiʻi v. Nago, 138 Hawaiʻi 228 (2016) — Holding that election administration procedures affecting voting rights must comply with Hawaii’s statutory framework.
  5. Bost v. Illinois State Board of Elections, 607 U.S. ___ (2026) — United States Supreme Court confirming that candidates have standing to challenge election rules independent of electoral outcome.

Why Now

The 2026 election cycle is underway. Candidate filing has closed. Ballots will soon be prepared and distributed. If the Court does not act before certification occurs, the Deputy Attorney General’s own written opinion confirms that the legal mechanisms for post-certification review are uncertain and contested — meaning the window for meaningful correction closes the moment certification happens.

As Iwasa v. Nago demonstrated, once election materials are commingled after an unlawful process, the only available remedy may be invalidation — a drastic outcome that prospective enforcement now could prevent entirely.


A Note on Partisanship

This petition is not about party politics. The petitioners include individuals of different political backgrounds united by a single concern: that Hawaii’s elections be certified in compliance with the laws the Legislature enacted. The April 1, 2026 Elections Commission vote that formally documented the statutory failure was a bipartisan finding by a Commission whose members are appointed by both Democratic and Republican legislative leadership.

Hawaii voters of every political affiliation deserve elections whose certification they can trust — and that trust begins with following the law.


Court Information

The petition has been filed and docketed at the Hawaii Supreme Court as Case No. SCPW-26-0000424. The public may access court filings through the Hawaii State Judiciary’s online portal at www.courts.state.hi.us.

126 thoughts on “Hawaii Voters File Petition with the Supreme Court Asking How State Can Certify Elections Without Completing Required Certification First”

    • In several states like California, Illinois, Rhode Island and other Blue States, the people don't vote for the government ~~~~ the government votes for the people!!!!!

  1. It doesn't sound like they legally can and Hawaiians then wouldn't have legitimate, binding elections.

  2. Watch some liberal judge dismiss the voters suit for "lack of standing". Imagine. The voters will have no standing in how elections are conducted and adhere to the law.

    • its not lack of standing. its lack of understanding that we the people no longer have a vote

      • It’s not who votes, but who counts the votes. We will see how the courts or judges try to eliminate this threat to their usurpation of power.

  3. It's a communist blue state. Of course they aren't going to follow the law and will always certify fraud like all the other communist blue states

  4. What a shock…..more racist minority Hawaiian ingrates who are too stupid to understand they would have been wiped off the map by Imperial Japan if white Americans hadn't saved them!

    • Look at the American territory of Guam. After Christmas, the second most celebrated holiday is Liberation Day, July 21st. Third is July 4th. That was the day US forces invaded Guam and took it back from Imperial Japan after they held it for 31 months. The CHamoru people in Guam are extremely grateful for being liberated, as well as their US citizenship. They are way more patriotic than Hawaii residents.

      • Good to hear…..many other ingrates like American Indians, Europeans, the Chinese, on and on……all they've done is use and abuse us!

    • DIRTY MANGY LOCALS IS WHAT I ALWAYS CALL THEM. THESE "PEOPLE" COMMITTED ATROCITIES AGAINST HUMANITY, MURDERING THOUSANDS, BURNING CHILDREN ALL IN THE NAME OF NEW HOTELS AND OUR GOVERNMENT IS COMPLICIT AS NO ONE HAS OR WILL DO ANYTHING ABOUT LAHAINA WHILE THE ROCK PUSHED BIDEN KAMAL WALZ AND NOW GOES ON THE VIEW TO SAVE HIS IMAGE WHILE THESE PEOPLE ARE ERASED.

      YEAH DIRTY MANGY LOCALS FITS.

  5. "If we can just jail Trump, get rid of MAGA, assassinate conservatives, end the Electoral College, stack the Supreme Court, ban voter ID, censor free speech, and decriminalize crime, we could save democracy."

      • And this isn't even being facetious. These are things they've either literally tried to do, or have talked about doing.

        • HERE WE SIT WITH ALL THE AUTHORITY OF A REPUBLICAN MAJORITY AND THEY CHOOSE TO FAIL WE THE PEOPLE. 75+ % WANT THE SAVE ACT YET …NOPE. THIS ADMIN HAS FAILED TO ACCOMPLISH ANY CHANGE OTHER THAN EO'S THE RIGHT IS SEEMINGLY WAITING TRUMP OUT. THERE ARE STILL UNCONFIRMED APPOINTMENTS 1.5 YEARS IN. ELECTION FRAUD IS IN THE OPEN AND NO ONE IS EVEN ARRESTED BUT THE HOMELESS LOW LEVEL ILLEGAL VOTER. THIS IS INANE AND APPARENTLY WE JUST NEED TO VOTE IN THE NEXT 5 MONTHS AND THIS TIME WE WILL FINALLY BE HEARD……SO LETS FOCUS ON 2028 I HEAR VANCE IS RUNNING……ITS ALWAYS THE NEXT VOTE WILL SOLVE ALL OUR PROBLEMS

          • The Working Families Tax Cut signed into law by President Trump had 0, count then Zero Democrat votes in the House and Senate, let that sink in when you cash your next pay check. I do agree, we need to see arrests with all the fraud, we hear they are coming, hmmm, I for one will wait and see.

          • slight correction in your statement. It is not this administration that has failed, it is Con-gress who has failed, specifically the Senate. Please do not blame President Trump's administration on a corrupt bought out Con-gress. Thank you for your attention to this matter.

          • YOU ARE CORRECT. ANY LAWS AND CONFIRMATIONS LAY AT THE FEET OF CONGRESS BOTH HOUSE AND SENATE 100%. HOWEVER TRUMP IS IN DIRECT CONTROL OF HIS ADMIN AND SO FAR RUBIO IS THE ONLY STAND OUT….EVERYONE ELSE IS EITHER HAMSTRUNG BY THE HOUSE IN COMMITTEE OR JUST USELESS, I.E. HOMAN,BONDI,BLANCHE KRISTI NOEM WAS DOING OK BUT IT SEEMS AT EVERY TURN THE REPUBLICANS TURN BACK AT ALMOST ANY RESISTANCE HER INCLUDED.

            AMERICA DESERVES CLOSERS UNDETERRED BY APPEARS AND DRIVEN BY PATRIOTISM.
            IMHO
            80-90+ YEAR OLD POLITICIANS ARE SIMPLY NOT CAPABLE OF DEFENDING AMERICA. WE NEED TRANSPARENCY ON HOUSE AND SENATE STAFF PAYROLL COSTS AND DUTIES.

    • SO YOU AGREE THE LAW IS GETTING IN THE WAY OF MAKING AMERICA WORSE ANEW "MAWA" IF YOU WILL SOUNDS VERY HAWAIIAN ;)) LETS MAKE AMERICA A DEMOCRACY DAM {SIC} THE CONSTITUTIONAL REPUBLIC SOCIALISM VIA DEMOCRACY/MOB RULE IS WHERE THE MONEY IS…..

      I HATE TO HAVE TO SAY THIS BUUUUT….. SARC/

        • I saw one with a mask today,she was securing it over her nose during a traffic incident Yup they are still out there

          • Seems like quite a few dark skinned people still wear masks – even in their own vehicles with no passengers. This shows how utterly clueless some are, and how the MSM and libtards have brainwashed so many.

    • DEMOCRACY : Majority Rules ! ( Minorities have NO RIGHTS !!! )

      REPUBLIC : Public Represented by Democratically Elected people…

      DIMOCRAPS ; What we have NOW … soon to be extinct …

      • NO JUST INTERNMENT/RE-EDUCATION CAMP THE POLITITICIANS ANY ANYONE ELSE WILLING TO BURN CHILDREN TO BUILD HOTELS.

        THEN CREATE A SHARK FEEDING ATTRACTION WHERE YOU PAY TO FEED THE SHARKS BY VOTING WITH ID. ONCE YOU VOTE YOU CAN FEED A RETIRED POLITICIAN BY THE PRESS OF A BUTTON, 3 YESES AND IN THE DRINK THE POLS GO.
        SAFER BEACHES LOWER CRIME FREE CITIZENS….IT IS A WIN WIN.

  6. I wonder if the Hawaii Supreme Court will 'calendar' this request in time?
    The whole state is deep blue, and wants to stay that way.

  7. Just like in California and all of the democrat party controlled states they will cheat and violate the law as needed in order to retain their power and control.

  8. This is the state that has elected 'dumb as a turd' Mazie Hirono who knows how many times…they are toast. Laziest people I have ever met.

  9. PRE CERTIFICATION OF ELECTION RESULTS…… ANYONE REMEMBER HOW MAIN STREAM MEDIA OPENLY DID THIS IN 2020?
    ANYONE REMEMBER FOX NEWS SHOWING ELECTION RESULTS WITH BIDEN AS THE WINNER THE DAY OF THE ELECTION BUT AROUND 5-6 PM?

    THESE PEOPLE ARE TIRED OF CREATING FALSE VOTES FOR DAYS AFTER THE ELECTION TO SUBVERT THE WILL OF THE PEOPLE.

    JUST LET EM CALL IT EARLY FOR DEMOCRACY JEEZ…SARC/

  10. I'd say that Hawaii's election are just like any other democrat cesspool. Rigged and corrupt. As Rush said once. The Crats want to do away with elections as it interferes with their power that they think they deserve. Blue cites and states should be put under military occupation and use the Insurrection Act to do it

  11. For some time Hawaii has a known history of voting discrepancies (failing to follow their own voting laws) so this action is not only necessary but long overdue. As of December 2025 the US Federal Government has been attempting to get voter information with – "On Thursday, the Justice Department filed a lawsuit in U.S. District Court against Scott Nago, Hawai‘i's Chief Elections Officer, accusing him of violating the 1960 Civil Rights Act by refusing to provide state voter registration information when requested.
    The lawsuit is one of 18 suits the DOJ has filed against other states over their voter files, and one of four filed on Thursday. The other three suits filed this week — against Colorado, Massachusetts and Nevada — are substantially similar to the Hawai‘i suit."
    The rubber is meeting the road over state rights versus the federal government to verify election rolls. IMO

    • BARELY BUT IT IS SOMETHING IF ONLY A WEAK LEGAL ATTEMPT IT IS AT LEAST EXPOSING THE CORRUPTION AND CREATING A PAPER TRAIL OF THE LIES. CONGRESS CAN RESOLVE THIS IN A WEEK. YET ONLY PAY RAISES AND VACATIONS ARE "VOTED" ON IN CONGRESS.15. YEARS IN AND NOTHING HAS BEEN DONE.

  12. Maybe the state doesn't want to full fill its lawfully duties because it will show just how much of a mess their voter rolls are

  13. The Constitution requires each state to have a republican form of government.

    Rigged elections preclude republican government.

  14. Court screaming NO STANDING incoming!

    How dare they talk about this. They should be Tina Petters'd and tossed in jail for a decade or two.

    Follow the law? They are Democrats!

  15. Let's see, we plan to cheat to win and if we could just certify without documentation we won't get caught. Yeah, great idea. Let's come up with a really stupid justification of why to do this and sell it to the dumb public.

  16. Looks to me Hawaii wants the benefits of being a state, but dont want to follow the laws that come with it. Trump should turn off federal funding to these leftist run states. Sanctuary cities? No more funding. Dont want to follow federal election law? No more funding. POTUS is being too nice.

  17. The fiftieth state has always been a criminal operation since the illegal over throw of Hawaii's last queen.

  18. This Supreme Court has already established that the states and the peasantry have no vested interest in honest elections. Cant we just execute anybody who questions our glorious election officials and move on? They don’t have these kinds of problems in Somalia or North Korea.

  19. They should have stuck with the paper ballots; done away with "mail-in voting"; require an ID to vote; require citizenship to vote; etc.

    • Good question. There's no sense having a military if the DemonRats are allowed to destroy the Country from within.

  20. Rogue communist judges will declare hawaii voters do not have standing in protesting the criminal voting actions. In fact , they might try to jail these people , like mayes has done in Arizona.

  21. Unfortunately for those voters, the USSC has already ruled that voters don't have standing when it comes to elections.

  22. Joe, it might be friggin' helpful if your title said "Hawaii" Supreme Court instead of Supreme Court.

    Consider hiring some real journalists.

  23. Of course an election can be certified without a completing the required certification. This is America. Election laws are so old fashioned. All that is needed in our election is DemonRats telling us who won and the Marxist Media telling us not to deny the election results the DemonRats tell us. Oh, and it helps if Fox News calls the elections early for DemonRats.

  24. Interestingly, Hawaii is the only state that didn't legally certify 0bama to run in 2008. The Speaker of the House sends out a document asking each state to certify that a candidate meets the enumerated requirements. Hawaii, edited the requirements so that they could get away with declaring 0bama certified.

  25. But but if we follow all the election laws we can't cheat whined the Democrat National Communists…

  26. "Hawaii Voters File Petition with the Supreme Court Asking How State Can Certify Elections Without Completing Required Certification First."

    Good question, but if it were up to the fascist democrats, there would be no voting at all just like in their idea of a paradise, Cuba.

  27. The sun (that bright yellow orb in the sky), has completely cooked their brains.
    They want to cheat, and want their Supreme Court to O.K. the cheating.
    Unbelievable!!!!

  28. Another example of the accuracy of Stalin's quote "Those who vote decide nothing. Those who count the vote decide everything."

  29. " Hawaii Voters File Petition with the Supreme Court Asking How State Can Certify Elections Without Completing Required Certification First… "

    TRANSLATION … " Let Us Call The Election Before Voting … "

    • ok. you are a thinker. you look downhill. look uphill.
      what arm are the demoncrats of mystery babylon in rev 22?

  30. So will all the people who signed the petition be arrested and prosecuted for election interference ?

    • BIRTH CERTIFICATES AND RECORDS IN HAWAII WERE NOTORIOUSLY SPECIOUS AND OR INACCURATE UP UNTIL LIKE 1970 ISH. THIS IS WHY THEY CHOSE HAWAII AS HIS BIRTH PLACE. SOMEHOW THE REST OF THE SIBLINGS ARE AFRIKAN HUH…..

  31. What? Complete the required certification first? That's crazy talk. Ain't nobody got time for that. /s

  32. Well, Dems, you allowed every possible manner of skullduggery to exclude the GOP and now you no longer have a vote. Enjoy your communist overlords!

  33. I believe the federal law only applies to federal elections. HI could just choose not to send anyone to DC to fill the Senate and House seats. I’d support that.

  34. HEY STATES!! MORE LIKE THIS PLEASE – Well Organized, Appealable, Documented and Ready for SCOTUS review! Choose Wisely Hawaii, no reason to go down Newsom's Californian Drain.

  35. Mind-boggling how many times the left simply hasn’t fulfilled the clearly written requirements of the law.

    And has not been challenged, or has been excused for it so far.

    Thankful for the effort these worthy individuals are making.

  36. If you all think California is corrupted wait till you see the rot in Hawaii! There’s still no accountability for the fires or the missing people. What ever happened with those people who they said 750.00$ sorry for your loss.

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