The Hawaiʻi Supreme Court has ordered the State Office of Elections to respond by July 24, 2026, to a petition alleging the agency unlawfully refused to provide administrative support to the Hawaiʻi Elections Commission.
The petition claims the Office declined to furnish basic support needed for the Commission to convene a meeting and elect a chairperson.
The court’s July 17 order directs the Chief Election Officer and the Office of Elections to address two specific questions.
The first question is whether the Office failed or refused to provide staff support to the Commission as required under Hawaiʻi Revised Statutes § 11-1.5(b).
The second is whether that failure prevented the Commission from meeting to elect a chairperson.
The order was signed by the Acting Chief Justice, two justices, and two circuit judges sitting by assignment.
Petitioners are two Commissioners representing Kauaʻi and Maui counties who filed an emergency petition for writ of mandamus on July 8, 2026.
The Commission has lacked a chairperson since June 30, 2026, and could not lawfully notice or convene a meeting without administrative assistance.
According to the petition, the Office refused to provide a remote-meeting link and distribute meeting notices despite a statutory requirement to supply requested staff support.
The petition also states that the Department of Accounting and General Services confirmed the support obligation rests with the Office of Elections.
It further notes the Department of the Attorney General is not authorized to convene Commission meetings on the agency’s behalf.
Under the court’s order, respondents must file their answer by July 24, 2026.
Petitioners may then submit a reply of no more than ten pages by July 29, 2026.
The dispute stems from a broader, unresolved question about election certification procedures that has persisted in the state for over four years.
