NATURE OF THE CASE
This is an action for declaratory and injunctive relief to require the Defendants to allow the individual Plaintiffs (and any other registered voters in in Hawai‘i County affected by Hurricane/Tropical Strom Iselle) the opportunity to exercise their fundamental right to vote in the 2014 primary election on or before September 20, 2014.
In the wake of Hurricane/Tropical Storm Iselle, Defendants failed to take steps necessary to allow the individual Plaintiffs the opportunity to exercise their right to vote as guaranteed by article I, section 8 of the Hawai‘i Constitution and the first and fourteenth amendments to the United States Constitution. Pursuant to Hawai‘i Revised Statutes (“HRS”) § 11-92.3, the Legislature delegated authority to the Chief Elections Officer to determine whether, in the event of a natural disaster, to delay a vote (or to allow voters another opportunity to cast their ballots). Defendants exercised this discretion in such a way as to deny the individual Plaintiffs (and, on information and belief, many other registered voters
Article II, section 10 of the Hawai‘i Constitution requires that all primary elections for the State be conducted 45 days prior to the general election. As the general election is scheduled for November 4, 2014, the last day for any primary (or special election affecting the results) must be conducted and concluded by September 20, 2014. Anticipating that the Court will require an expedited briefing schedule, Plaintiffs intend to file their Opening Brief no later than Tuesday, August 26, unless the Court orders otherwise. Plaintiffs’ counsel will attempt to serve the Complaint and Summons on all Defendants on Friday, August 22, and will also send courtesy copies of all pleadings to the Department of the Attorney General and the Hawai‘i County Office of the Corporation Counsel via e-mail as soon as practicable after filing.