Ā§11-174.5 Ā Contests for cause ingeneral, special general, special, and runoff elections.Ā  (a)Ā  In general,special general, special, or runoff elections, the complaint shall be filed inthe office of the clerk of the supreme court not later than 4:30 p.m. on thetwentieth day following the general, special general, special, or runoffelection and shall be accompanied by a deposit for costs of court asestablished by rules of the supreme court.Ā  The clerk shall issue to thedefendants named in the complaint a summons to appear before the supreme courtnot later than 4:30 p.m. on the tenth day after service thereof.

(b)Ā  In cases involving general, specialgeneral, special, or runoff elections the complaint shall be heard by thesupreme court in which the complaint was filed as soon as it reasonably may beheard.Ā  On the return day, the court, upon its motion or otherwise, may directsummons to be issued to any person who may be interested in the result of theproceedings.

At the hearing, the court shall cause theevidence to be reduced to writing and shall give judgment, stating all findingsof fact and of law.Ā  The judgment may invalidate the general, special general,special, or runoff election on the grounds that a correct result cannot beascertained because of a mistake or fraud on the part of the precinctofficials; or decide that a certain candidate, or certain candidates, receiveda majority or plurality of votes cast and were elected.Ā  If the judgment shouldbe that the general, special general, special, or runoff election was invalid,a certified copy thereof shall be filed with the governor, and the governorshall duly call a new election to be held not later than one hundred twentydays after the judgment is filed.Ā  If the court shall decide which candidate orcandidates have been elected, a copy of that judgment shall be served on thechief election officer or county clerk, who shall sign and deliver to thecandidate or candidates certificates of election, and the same shall beconclusive of the right of the candidate or candidates to the offices. [L 1973,c 217, Ā§1(bbb); am L 1979, c 133, Ā§6; gen ch 1985; am L 1998, c 22, Ā§3 and c123, Ā§1]

 

Rules of Court

 

Ā  Costs, see HRAP rule 39; collection of costs and fees by appellateclerk, see HRAP rule 45(e).

 

Case Notes

 

Ā  Where plaintiffs had opportunity to correct irregularities inballot prior to the election, they cannot complain afterward.Ā  61 H. 179, 599P.2d 286.

Ā  Plaintiffs failed to meet burden of demonstrating thatirregularities in voting procedures for OHA trustees either could have caused adifference in election outcome or could have precluded the correct result frombeing ascertained.Ā  84 H. 383, 935 P.2d 98.

Ā  The twenty-day provision of subsection (a) is mandatory, andthe "no later than 4:30 p.m." provision of subsection (a) isdirectory; thus, plaintiff's complaint filed at 4:32 p.m. on November 24, 2008was filed within the time provisions of subsection (a).Ā  119 H. 337, 198 P.3d124.

Ā  Where plaintiff made no showing that defendant was under anyobligation to debate plaintiff, the refusal to debate was not an error,mistake, or irregularity that would have changed the results of the election;thus plaintiff failed to meet plaintiff's burden of demonstrating errors,mistakes, or irregularities that could have caused a difference in the electionresults and the remedy of ordering a new election with televised debates wasnot authorized by subsection (b).Ā  119 H. 337, 198 P.3d 124.