Contests for cause in primary, special primary
HRS §11-173.5
in effect11-173.5. Contests for cause in primary, special primary
elections, and county elections held concurrently with a regularly scheduled primary or special primary election. (a) In a primary and special primary election contest, or a county election contest 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 no later than 4:30 p.m. on the thirteenth day after a primary or special primary election or a county election contest 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 the rules of the supreme court. The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court no later than 4:30 p.m. on the fifth day after service of the summons.
(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; am L 2019, c 135, §3 and
c 136, §25; am L 2024, c 1, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0011/HRS_0011-0173_0005.htmFetched: 11/10/2026