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.

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.

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.

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

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

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

Source: The Gateway Pundit