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Decision in ACLU election challenge

Decision in ACLU election challenge

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The state Supreme Court on Thursday dismissed a legal challenge to the primary election filed by the American Civil Liberties Union of Hawaii.
The court found that the ACLU's lawsuit was not a typical election contest and that the court did not have statutory or constitutional jurisdiction to grant the relief the group sought.
The state Supreme Court on Thursday dismissed a legal challenge to the primary election filed by the American Civil Liberties Union of Hawaii.
The court found that the ACLU's lawsuit was not a typical election contest and that the court did not have statutory or constitutional jurisdiction to grant the relief the group sought.

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Published by: Honolulu Star-Advertiser on Aug 28, 2014
Copyright:Traditional Copyright: All rights reserved

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09/09/2014

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SCOT-14-0001069IN THE SUPREME COURT OF THE STATE OF HAWAI
I FRANCES LATHERS; MERRILL LATHERS; CASSANDRA WYLIE; BRAD L. COFFEL; KATHLEEN WALKER; ANDREW LEO; and AMERICAN CIVIL LIBERTIES UNION OF HAWAI
I, Plaintiffs,vs.NEIL ABERCROMBIE, in his official capacity as the Governor of theState of Hawai
i; DAVID M. LOUIE, in his official capacity as theAttorney General of the State of Hawai
i; SCOTT NAGO, in hisofficial capacity as Chief Election Officer for the State ofHawai
i; and STEWART MAEDA, County Clerk, Office of Elections,County of Hawai
i, Defendants. ORIGINAL PROCEEDINGORDER GRANTING MOTIONS TO DISMISS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of (1) Plaintiffs’ Complaint, filedon August 21, 2014, (2) Plaintiffs’ First Amended Complaint,filed on August 22, 2014, (3) Defendants Governor NeilAbercrombie, Attorney General David Louie, and Chief ElectionOfficer Scott Nago’s Motion to Dismiss, filed on August 25, 2014,(4) Defendant County of Hawai
i County Clerk Stewart Maeda’sMotion to Dismiss, filed on August 25, 2014, (5) Plaintiffs’Memorandum in Opposition to the Motions to Dismiss and Motion forPermanent Injunctive Relief, filed on August 25, 2014, and therecord herein, we find as follows:
Electronically FiledSupreme CourtSCOT-14-000106928-AUG-201411:07 AM

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