Hawaii General Election Ballot for Legislative Race is Headed “Republican Party Voters Only”

The Hawaii ballot in the 43rd State House district for November 2026 has a very peculiar characteristic. Above the candidates for that race, the ballot reads “Republican Party Voters Only.” But all voters will use that ballot, and there is no mechanism to prevent any registered voter from voting in that race. See this story.

No one had filed to run in this district except two Republicans, and the primary in this race resulted in a tie. Election officials held a random sample drawing to determine the winner. But then the losing candidate appealed to the State Supreme Court, which said the tie-breaker is not authorized by any state law, and therefore was illegal. The Court in Souza v Nago ordered that both candidates appear on the November 2026 ballot, under the heading saying that only Republicans should vote in that race.


Comments

Hawaii General Election Ballot for Legislative Race is Headed “Republican Party Voters Only” — 6 Comments

  1. @AZ,

    Under Common Law, a tied election is a failed election. You may recall the practice in early New England of holding a new election (trial) if no candidate received a majority. Thus every state provides by statutory law for settling election ties.

    The Hawai’i Constitution provides for Common Law with some explicit exceptions. For example, there are no common law crimes in Hawai’i.

    The Hawai’i Supreme Court ruled that the result of the primary could not be determined because the wrong ballot had been given to two voters who resided in another district. That is, the primary was not actually tied (or could not be determined if it was). They also ruled that procedure used by the SOS, drawing plastic Easter egg from a lauhala basket, had not been properly established by regulatory law.

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